Link to Page 1844

 

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ê2007 Statutes of Nevada, Page 1845 (Chapter 413, SB 412)ê

 

      (b) One member who is a representative of the general public and is not related to a pharmacist registered in the State of Nevada by consanguinity or affinity within the third degree.

      2.  Appointments of registered pharmacists must be representative of the practice of pharmacy.

      3.  Within 30 days after his appointment, each member of the Board shall take and subscribe an oath to discharge faithfully and impartially the duties prescribed by this chapter.

      4.  After the initial terms, the members of the Board must be appointed to terms of 3 years. A person may not serve as a member of the Board for more than three consecutive terms. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this [section] chapter to replace that member for the remainder of the unexpired term.

      5.  The Governor shall remove from the Board any member, after a hearing, for neglect of duty or other just cause.

      Sec. 71.  NRS 639.1373 is hereby amended to read as follows:

      639.1373  1.  A physician assistant licensed pursuant to chapter 630 or 633 of NRS [or an osteopathic physician’s assistant] may, if authorized by the Board, possess, administer, prescribe or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the registration certificate issued to the physician assistant [or osteopathic physician’s assistant, as appropriate,] by the Board pursuant to this section.

      2.  Each physician assistant licensed pursuant to chapter 630 or 633 of NRS [and osteopathic physician’s assistant] who is authorized by his physician assistant’s license issued by the Board of Medical Examiners or [certificate issued] by the State Board of Osteopathic Medicine , respectively, to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices must apply for and obtain a registration certificate from the Board, pay a fee to be set by regulations adopted by the Board and pass an examination administered by the Board on the law relating to pharmacy before he can possess, administer, prescribe or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices.

      3.  The Board shall consider each application separately and may, even though the physician assistant’s license issued by the Board of Medical Examiners or [the osteopathic physician’s assistant’s certificate issued] by the State Board of Osteopathic Medicine authorizes the physician assistant [or osteopathic physician’s assistant, as appropriate,] to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs and devices:

      (a) Refuse to issue a registration certificate;

      (b) Issue a registration certificate limiting the authority of the physician assistant [or osteopathic physician’s assistant, as appropriate,] to possess, administer, prescribe or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices, the area in which the physician assistant [or osteopathic physician’s assistant] may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or

 


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ê2007 Statutes of Nevada, Page 1846 (Chapter 413, SB 412)ê

 

      (c) Issue a registration certificate imposing other limitations or restrictions which the Board feels are necessary and required to protect the health, safety and welfare of the public.

      4.  If the registration of the physician assistant [or osteopathic physician’s assistant] licensed pursuant to chapter 630 or 633 of NRS is suspended or revoked, the physician’s controlled substance registration may also be suspended or revoked.

      5.  The Board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances and the maximum amount to be administered, possessed, prescribed and dispensed and the storage, security, recordkeeping and transportation of poisons, dangerous drugs and devices by physician assistants [and osteopathic physicians’ assistants.] licensed pursuant to chapter 630 or 633 of NRS. In the adoption of those regulations, the Board shall consider, but is not limited to, the following:

      (a) The area in which the physician assistant [or osteopathic physician’s assistant] is to operate;

      (b) The population of that area;

      (c) The experience and training of the physician assistant ; [or osteopathic physician’s assistant;]

      (d) The distance to the nearest hospital and physician; and

      (e) The effect on the health, safety and welfare of the public.

      6.  For the purposes of this section, the term “supervising physician” includes [an employing] a supervising osteopathic physician as defined in chapter 633 of NRS.

      Sec. 72.  Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 73 and 74 of this act.

      Sec. 73.  (Deleted by amendment.)

      Sec. 74.  The Board shall elect a Chairman and other officers from among its members.

      Sec. 75.  (Deleted by amendment.)

      Sec. 76.  NRS 640A.080 is hereby amended to read as follows:

      640A.080  1.  The Board of Occupational Therapy, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint to the Board:

      (a) One member who is a representative of the general public. This member must not be:

             (1) An occupational therapist or an occupational therapy assistant; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of an occupational therapist or an occupational therapy assistant.

      (b) One member who is an occupational therapist or occupational therapy assistant.

      (c) Three members who are occupational therapists.

      3.  Each member of the Board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the Board must:

      (a) Have practiced, taught or conducted research in occupational therapy for the 5 years immediately preceding his appointment; and

      (b) Except for the initial members, hold a license issued pursuant to this chapter.

 


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ê2007 Statutes of Nevada, Page 1847 (Chapter 413, SB 412)ê

 

      4.  No member of the Board may serve more than two consecutive terms.

      5.  If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this [section] chapter to replace that member for the remainder of the unexpired term.

      Secs. 77 and 78.  (Deleted by amendment.)

      Sec. 79.  NRS 640C.150 is hereby amended to read as follows:

      640C.150  1.  The Board of Massage Therapists is hereby created. The Board consists of seven members appointed pursuant to this [section] chapter and one nonvoting advisory member appointed pursuant to NRS 640C.160.

      2.  The Governor shall appoint to the Board seven members as follows:

      (a) Six members who:

             (1) Are licensed to practice massage therapy in this State; and

             (2) Have engaged in the practice of massage therapy for the 2 years immediately preceding their appointment.

Ê Of the six members appointed pursuant to this paragraph, three members must be residents of Clark County, two members must be residents of Washoe County and one member must be a resident of a county other than Clark County or Washoe County.

      (b) One member who is a member of the general public. This member must not be:

             (1) A massage therapist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a massage therapist.

      3.  [The Governor may, in making his appointments to the Board pursuant to paragraph (a) of subsection 2, consider for appointment to the Board a person recommended to him by any person or group.

      4.]  The members who are appointed to the Board pursuant to paragraph (a) of subsection 2 must continue to practice massage therapy in this State while they are members of the Board.

      [5.] 4.  After the initial terms, the term of each member of the Board is 4 years. A member may continue in office until the appointment of a successor.

      [6.] 5.  A member of the Board may not serve more than two consecutive terms. A former member of the Board is eligible for reappointment to the Board if that person has not served on the Board during the 4 years immediately preceding the reappointment.

      [7.] 6.  A vacancy must be filled by appointment for the unexpired term in the same manner as the original appointment.

      [8.] 7.  The Governor may remove any member of the Board for incompetence, neglect of duty, moral turpitude or misfeasance, malfeasance or nonfeasance in office.

      Secs. 80-83.  (Deleted by amendment.)

      Sec. 84.  NRS 652.210 is hereby amended to read as follows:

      652.210  No person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a [licensed] physician assistant [, a certified osteopathic physician’s assistant,] licensed pursuant to chapter 630 or 633 of NRS, a certified intermediate emergency medical technician, a certified advanced emergency medical technician, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist may manipulate a person for the collection of specimens, except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

 


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ê2007 Statutes of Nevada, Page 1848 (Chapter 413, SB 412)ê

 

except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

      Sec. 85.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (c) “Provider of health care” means a physician, a physician assistant [,] licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, [an osteopathic physician’s assistant,] a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist and an emergency medical technician.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (h) “Taxicab driver” means a person who operates a taxicab.

      (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) of this subsection does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

 


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ê2007 Statutes of Nevada, Page 1849 (Chapter 413, SB 412)ê

 

      (c) If paragraph (d) of this subsection does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event, and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 86.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Health and Human Services.

 


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ê2007 Statutes of Nevada, Page 1850 (Chapter 413, SB 412)ê

 

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Any employee of the Department of Health and Human Services.

      (g) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (h) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (i) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (j) Every social worker.

      (k) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the Aging Services Division of the Department of Health and Human Services his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Health and Human Services, must be forwarded to the Aging Services Division within 90 days after the completion of the report.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

 


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ê2007 Statutes of Nevada, Page 1851 (Chapter 413, SB 412)ê

 

office for protective services may provide protective services to the older person if he is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 87.  NRS 200.50935 is hereby amended to read as follows:

      200.50935  1.  Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:

      (a) Report the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of a vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide nursing in the home.

      (e) Any employee of the Department of Health and Human Services.

      (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

      (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

      (h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (i) Every social worker.

      (j) Any person who owns or is employed by a funeral home or mortuary.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his written findings.

 


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ê2007 Statutes of Nevada, Page 1852 (Chapter 413, SB 412)ê

 

a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

      7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 88.  NRS 244.1605 is hereby amended to read as follows:

      244.1605  The boards of county commissioners may:

      1.  Establish, equip and maintain limited medical facilities in the outlying areas of their respective counties to provide outpatient care and emergency treatment to the residents of and those falling sick or being injured or maimed in those areas.

      2.  Provide a full-time or part-time staff for the facilities which may include a physician, a [licensed] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, a registered nurse or a licensed practical nurse, a certified emergency medical technician and such other personnel as the board deems necessary or appropriate to ensure adequate staffing commensurate with the needs of the area in which the facility is located.

      3.  Fix the charges for the medical and nursing care and medicine furnished by the facility to those who are able to pay for them, and to provide that care and medicine free of charge to those persons who qualify as medical indigents under the county’s criteria of eligibility for medical care.

      4.  Purchase, equip and maintain, either in connection with a limited medical facility as authorized in this section or independent therefrom, ambulances and ambulance services for the benefit of the residents of and those falling sick or being injured or maimed in the outlying areas.

      Sec. 89.  NRS 244.3821 is hereby amended to read as follows:

      244.3821  1.  In addition to the powers elsewhere conferred upon all counties, except as otherwise provided in subsection 2, any county may establish a medical scholarship program to induce students in the medical professions to return to the county for practice.

      2.  Any county whose population is 100,000 or more may only establish a medical scholarship program to induce students in the medical professions to return to the less populous rural communities of the county for practice.

      3.  Students in the medical professions for the purposes of NRS 244.382 to 244.3823, inclusive, include persons studying to be physician assistants [.] licensed pursuant to chapter 630 or 633 of NRS.

      4.  The board of county commissioners of a county that has established a medical scholarship program may appropriate money from the general fund of the county for medical scholarship funds and may accept private contributions to augment the scholarship funds.

      Sec. 90.  NRS 397.0617 is hereby amended to read as follows:

      397.0617  1.  The provisions of this section apply only to support fees received by a student on or after July 1, 1997.

      2.  The three Nevada State Commissioners, acting jointly, may require a student who is certified to study to practice in a profession which could benefit a medically underserved area of this State, as that term is defined by the Officer of Rural Health of the University of Nevada School of Medicine, to practice in such an area or to practice in an area designated by the Secretary of Health and Human Services:

 


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ê2007 Statutes of Nevada, Page 1853 (Chapter 413, SB 412)ê

 

the Officer of Rural Health of the University of Nevada School of Medicine, to practice in such an area or to practice in an area designated by the Secretary of Health and Human Services:

      (a) Pursuant to 42 U.S.C. § 254c, as containing a medically underserved population; or

      (b) Pursuant to 42 U.S.C. § 254e, as a health professional shortage area,

Ê as a condition to receiving a support fee.

      3.  If a person agrees to practice in a medically underserved area of this State pursuant to subsection 2 for at least 2 years, the three Nevada State Commissioners, acting jointly, may forgive the portion of the support fee designated as the loan of the person.

      4.  If a person returns to this State but does not practice in a medically underserved area of this State pursuant to subsection 2 for at least 2 years, the three Nevada State Commissioners, acting jointly, shall assess a default charge in an amount not less than three times the portion of the support fee designated as the loan of the person, plus interest.

      5.  As used in this section, a “profession which could benefit a medically underserved area of this State” includes, without limitation, dentistry, physical therapy, pharmacy and practicing as a physician assistant [.] licensed pursuant to chapter 630 or 633 of NRS.

      Sec. 91.  NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

 


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ê2007 Statutes of Nevada, Page 1854 (Chapter 413, SB 412)ê

 

child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.

      (c) A coroner.

      (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A social worker and an administrator, teacher, librarian or counselor of a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in NRS 244.422.

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

 


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ê2007 Statutes of Nevada, Page 1855 (Chapter 413, SB 412)ê

 

      Sec. 92.  NRS 433A.165 is hereby amended to read as follows:

      433A.165  1.  Before an allegedly mentally ill person may be transported to a public or private mental health facility pursuant to NRS 433A.160, the person must:

      (a) First be examined by a licensed physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced practitioner of nursing to determine whether the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and

      (b) If such treatment is required, be admitted for the appropriate medical care:

             (1) To a hospital if the person is in need of emergency services or care; or

             (2) To another appropriate medical facility if the person is not in need of emergency services or care.

      2.  The examination and any transfer of the person from a facility when the person has an emergency medical condition and has not been stabilized must be conducted in compliance with:

      (a) The requirements of 42 U.S.C. § 1395dd and any regulations adopted pursuant thereto, and must involve a person authorized pursuant to federal law to conduct such an examination or certify such a transfer; and

      (b) The provisions of NRS 439B.410.

      3.  The cost of the examination must be paid by the county in which the allegedly mentally ill person resides if services are provided at a county hospital located in that county or a hospital or other medical facility designated by that county, unless the cost is voluntarily paid by the allegedly mentally ill person or, on his behalf, by his insurer or by a state or federal program of medical assistance.

      4.  The county may recover all or any part of the expenses paid by it, in a civil action against:

      (a) The person whose expenses were paid;

      (b) The estate of that person; or

      (c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.

      5.  The cost of treatment, including hospitalization, for an indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally ill person resides.

      6.  The Division shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that:

      (a) Define “emergency services or care” as that term is used in this section; and

      (b) Prescribe the type of medical facility that a person may be admitted to pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      7.  As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 93.  NRS 440.415 is hereby amended to read as follows:

      440.415  1.  A physician who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or physician assistant or the registered nurses or physician assistants employed by a medical facility or program for hospice care to make a pronouncement of death if they attend the death of the patient.

      2.  Such an authorization is valid for 120 days. Except as otherwise provided in subsection 3, the authorization must:

 


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      (a) Be a written order entered on the chart of the patient;

      (b) State the name of the registered nurse or nurses or physician assistant or assistants authorized to make the pronouncement of death; and

      (c) Be signed and dated by the physician.

      3.  If the patient is in a medical facility or under the care of a program for hospice care, the physician may authorize the registered nurses or physician assistants employed by the facility or program to make pronouncements of death without specifying the name of each nurse or physician assistant, as applicable.

      4.  If a pronouncement of death is made by a registered nurse or physician assistant, the physician who authorized that action shall sign the medical certificate of death within 24 hours after being presented with the certificate.

      5.  If a patient in a medical facility is pronounced dead by a registered nurse or physician assistant employed by the facility, the registered nurse or physician assistant may release the body of the patient to a licensed funeral director pending the completion of the medical certificate of death by the attending physician if the physician or the medical director or chief of the medical staff of the facility has authorized the release in writing.

      6.  The Board may adopt regulations concerning the authorization of a registered nurse or physician assistant to make pronouncements of death.

      7.  As used in this section:

      (a) “Medical facility” means:

             (1) A facility for skilled nursing as defined in NRS 449.0039;

             (2) A facility for hospice care as defined in NRS 449.0033;

             (3) A hospital as defined in NRS 449.012;

             (4) An agency to provide nursing in the home as defined in NRS 449.0015; or

             (5) A facility for intermediate care as defined in NRS 449.0038.

      (b) “Physician assistant” means a person who holds a license as a physician assistant pursuant to chapter 630 or 633 of NRS . [or a certificate as an osteopathic physician’s assistant pursuant to chapter 633 of NRS.]

      (c) “Program for hospice care” means a program for hospice care licensed pursuant to chapter 449 of NRS.

      (d) “Pronouncement of death” means a declaration of the time and date when the cessation of the cardiovascular and respiratory functions of a patient occurs as recorded in the patient’s medical record by the attending provider of health care in accordance with the provisions of this chapter.

      Sec. 94.  NRS 441A.110 is hereby amended to read as follows:

      441A.110  “Provider of health care” means a physician, nurse [, physician assistant] or veterinarian licensed in accordance with state law [.] or a physician assistant licensed pursuant to chapter 630 or 633 of NRS.

      Sec. 95.  NRS 441A.540 is hereby amended to read as follows:

      441A.540  1.  If a person infected with or exposed to a communicable disease is voluntarily isolated or quarantined in a public or private medical facility, the facility shall not change the status of the person to an emergency isolation or quarantine unless, before the change in status is made:

      (a) The facility provides:

             (1) An application to a health authority for an emergency isolation or quarantine pursuant to NRS 441A.560; and

 


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             (2) The certificate of a health authority, physician, [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or registered nurse to a health authority pursuant to NRS 441A.570; or

      (b) The facility receives an order for isolation or quarantine issued by a health authority.

      2.  A person whose status is changed to an emergency isolation or quarantine pursuant to subsection 1:

      (a) Must not be detained in excess of 48 hours after the change in status is made, unless within that period a written petition is filed by a health authority with the clerk of the district court pursuant to NRS 441A.600; and

      (b) May, immediately after his status is changed, seek an injunction or other appropriate process in district court challenging his detention.

      3.  If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.

      4.  Nothing in this section limits the actions that a public or private medical facility may take to prevent or limit the transmission of communicable diseases within the medical facility, including, without limitation, practices for the control of infections.

      Sec. 96.  NRS 441A.560 is hereby amended to read as follows:

      441A.560  1.  An application to a health authority for an order of emergency isolation or quarantine of a person or a group of persons alleged to have been infected with or exposed to a communicable disease may only be made by another health authority, a physician, a [licensed] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, a registered nurse or a medical facility by submitting the certificate required by NRS 441A.570. Within its jurisdiction, upon application or on its own, subject to the provisions of NRS 441A.500 to 441A.720, inclusive, a health authority may:

      (a) Pursuant to its own order and without a warrant:

             (1) Take a person or group of persons alleged to and reasonably believed by the health authority to have been infected with or exposed to a communicable disease into custody in any safe location under emergency isolation or quarantine for testing, examination, observation and the provision of or arrangement for the provision of consensual medical treatment; and

             (2) Transport the person or group of persons alleged to and reasonably believed by the health authority to have been infected with or exposed to a communicable disease to a public or private medical facility, a residence or other safe location for that purpose, or arrange for the person or group of persons to be transported for that purpose by:

                   (I) A local law enforcement agency;

                   (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Transportation Services Authority; or

                   (III) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê only if the health authority acting in good faith has, based upon personal observation, its own epidemiological investigation or an epidemiological investigation by another health authority, a physician, a [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or a registered nurse as stated in a certificate submitted pursuant to NRS 441A.570, if such a certificate was submitted, of the person or group of persons alleged to have been infected with or exposed to a communicable disease, a reasonable factual and medical basis to believe that the person or group of persons has been infected with or exposed to a communicable disease, and that because of the risks of that disease, the person or group of persons is likely to be an immediate threat to the health of members of the public who have not been infected with or exposed to the communicable disease.

 


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certificate was submitted, of the person or group of persons alleged to have been infected with or exposed to a communicable disease, a reasonable factual and medical basis to believe that the person or group of persons has been infected with or exposed to a communicable disease, and that because of the risks of that disease, the person or group of persons is likely to be an immediate threat to the health of members of the public who have not been infected with or exposed to the communicable disease.

      (b) Petition a district court for an emergency order requiring:

             (1) Any health authority or peace officer to take a person or group of persons alleged to have been infected with or exposed to a communicable disease into custody to allow the health authority to investigate, file and prosecute a petition for the involuntary court-ordered isolation or quarantine of the person or group of persons alleged to have been infected with or exposed to a communicable disease in the manner set forth in NRS 441A.500 to 441A.720, inclusive; and

             (2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport, in accordance with such court order, the person or group of persons alleged to have been infected with or exposed to a communicable disease to a public or private medical facility, a residence or other safe location for that purpose.

      2.  The district court may issue an emergency order for isolation or quarantine pursuant to paragraph (b) of subsection 1:

      (a) Only for the time deemed necessary by the court to allow a health authority to investigate, file and prosecute each petition for involuntary court-ordered isolation or quarantine pursuant to NRS 441A.500 to 441A.720, inclusive; and

      (b) Only if it is satisfied that there is probable cause to believe that the person or group of persons alleged to have been infected with or exposed to a communicable disease has been infected with or exposed to a communicable disease, and that because of the risks of that disease, the person or group of persons is likely to be an immediate threat to the health of the public.

      Sec. 97.  NRS 441A.570 is hereby amended to read as follows:

      441A.570  A health authority shall not accept an application for an emergency isolation or quarantine under NRS 441A.560 unless that application is accompanied by a certificate of another health authority or a physician, [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or registered nurse stating that he has examined the person or group of persons alleged to have been infected with or exposed to a communicable disease or has investigated the circumstances of potential infection or exposure regarding the person or group of persons alleged to have been infected with or exposed to a communicable disease and that he has concluded that the person or group of persons has been infected with or exposed to a communicable disease, and that because of the risks of that disease, the person or group of persons is likely to be an immediate threat to the health of the public. The certificate required by this section may be obtained from a physician, [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or registered nurse who is employed by the public or private medical facility in which the person or group of persons is admitted or detained and from the facility from which the application is made.

 


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      Sec. 98.  NRS 441A.580 is hereby amended to read as follows:

      441A.580  1.  No application or certificate authorized under NRS 441A.560 or 441A.570 may be considered if made by a person on behalf of a medical facility or by a health authority, physician, [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or registered nurse who is related by blood or marriage to the person alleged to have been infected with or exposed to a communicable disease, or who is financially interested, in a manner that would be prohibited pursuant to NRS 439B.425 if the application or certificate were deemed a referral, in a medical facility in which the person alleged to have been infected with or exposed to a communicable disease is to be detained.

      2.  No application or certificate of any health authority or person authorized under NRS 441A.560 or 441A.570 may be considered unless it is based on personal observation, examination or epidemiological investigation of the person or group of persons alleged to have been infected with or exposed to a communicable disease made by such health authority or person not more than 72 hours before the making of the application or certificate. The certificate must set forth in detail the facts and reasons on which the health authority or person who submitted the certificate pursuant to NRS 441A.570 based his opinions and conclusions.

      Sec. 99.  NRS 441A.600 is hereby amended to read as follows:

      441A.600  A proceeding for an involuntary court-ordered isolation or quarantine of any person in this State may be commenced by a health authority filing a petition with the clerk of the district court of the county where the person is to be isolated or quarantined. The petition may be pled in the alternative for both isolation and quarantine, if required by developing or changing facts, and must be accompanied:

      1.  By a certificate of a health authority or a physician, a [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or a registered nurse stating that he has examined the person alleged to have been infected with or exposed to a communicable disease or has investigated the circumstances of potential infection or exposure regarding the person alleged to have been infected with or exposed to a communicable disease and has concluded that the person has been infected with or exposed to a communicable disease, and that because of the risks of that disease, the person is likely to be an immediate threat to the health of the public; or

      2.  By a sworn written statement by the health authority that:

      (a) The health authority has, based upon its personal observation of the person alleged to have been infected with or exposed to a communicable disease, or its epidemiological investigation of the circumstances of potential infection or exposure regarding the person alleged to have been infected with or exposed to a communicable disease, a reasonable factual and medical basis to believe that the person has been infected with or exposed to a communicable disease and, that because of the risks of that disease, the person is likely to be an immediate threat to the health of the public; and

      (b) The person alleged to have been infected with or exposed to a communicable disease has refused to submit to voluntary isolation or quarantine, examination, testing, or treatment known to control or resolve the transmission of the communicable disease.

      Sec. 100.  NRS 441A.610 is hereby amended to read as follows:

      441A.610  In addition to the requirements of NRS 441A.600, a petition filed pursuant to that section with the clerk of the district court to commence proceedings for involuntary court-ordered isolation or quarantine of a person pursuant to NRS 441A.540 or 441A.550 must include a certified copy of:

 


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proceedings for involuntary court-ordered isolation or quarantine of a person pursuant to NRS 441A.540 or 441A.550 must include a certified copy of:

      1.  If an application for an order of emergency isolation or quarantine of the person was made pursuant to NRS 441A.560, the application for the emergency isolation or quarantine of the person made to the petitioning health authority pursuant to NRS 441A.560; and

      2.  A petition executed by a health authority, including, without limitation, a sworn statement that:

      (a) The health authority or a physician, [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or registered nurse who submitted a certificate pursuant to NRS 441A.570, if such a certificate was submitted, has examined the person alleged to have been infected with or exposed to a communicable disease;

      (b) In the opinion of the health authority, there is a reasonable degree of certainty that the person alleged to have been infected with or exposed to a communicable disease is currently capable of transmitting the disease, or is likely to become capable of transmitting the disease in the near future;

      (c) Based on either the health authority’s personal observation of the person alleged to have been infected with or exposed to the communicable disease or the health authority’s epidemiological investigation of the circumstances of potential infection or exposure regarding the person alleged to have been infected with or exposed to the communicable disease, and on other facts set forth in the petition, the person likely poses an immediate threat to the health of the public; and

      (d) In the opinion of the health authority, involuntary isolation or quarantine of the person alleged to have been infected with or exposed to a communicable disease to a public or private medical facility, residence or other safe location is necessary to prevent the person from immediately threatening the health of the public.

      Sec. 101.  NRS 441A.630 is hereby amended to read as follows:

      441A.630  1.  After the filing of a petition to commence proceedings for the involuntary court-ordered isolation or quarantine of a person pursuant to NRS 441A.600 or 441A.610, the court shall promptly cause two or more physicians or [licensed] physician assistants [,] licensed pursuant to chapter 630 or 633 of NRS, at least one of whom must always be a physician, to either examine the person alleged to have been infected with or exposed to a communicable disease or assess the likelihood that the person alleged to have been infected with or exposed to a communicable disease has been so infected or exposed.

      2.  To conduct the examination or assessment of a person who is not being detained at a public or private medical facility, residence or other safe location under emergency isolation or quarantine pursuant to the emergency order of a health authority or court made pursuant to NRS 441A.550 or 441A.560, the court may order a peace officer to take the person into protective custody and transport him to a public or private medical facility, residence or other safe location where he may be detained until a hearing is held upon the petition.

      3.  If the person is being detained at his home or other place of residence under an emergency order of a health authority or court pursuant to NRS 441A.550 or 441A.560, he may be allowed to remain in his home or other place of residence pending an ordered assessment, examination or examinations and to return to his home or other place of residence upon completion of the assessment, examination or examinations if such remaining or returning would not constitute an immediate threat to others residing in his home or place of residence.

 


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ê2007 Statutes of Nevada, Page 1861 (Chapter 413, SB 412)ê

 

completion of the assessment, examination or examinations if such remaining or returning would not constitute an immediate threat to others residing in his home or place of residence.

      4.  Each physician and [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS who examines or assesses a person pursuant to subsection 1 shall, not later than 24 hours before the hearing set pursuant to NRS 441A.620, submit to the court in writing a summary of his findings and evaluation regarding the person alleged to have been infected with or exposed to a communicable disease.

      Sec. 102.  NRS 441A.640 is hereby amended to read as follows:

      441A.640  1.  The Health Division shall establish such evaluation teams as are necessary to aid the courts under NRS 441A.630 and 441A.700.

      2.  Each team must be composed of at least two physicians, or at least one physician and one physician assistant [.] licensed pursuant to chapter 630 or 633 of NRS.

      3.  Fees for the evaluations must be established and collected as set forth in NRS 441A.650.

      Sec. 103.  NRS 441A.670 is hereby amended to read as follows:

      441A.670  In proceedings for involuntary court-ordered isolation or quarantine, the court shall hear and consider all relevant testimony, including, but not limited to, the testimony of examining personnel who participated in the evaluation of the person alleged to have been infected with or exposed to a communicable disease and the certificates, if any, of a health authority or a physician, [licensed] physician assistant licensed pursuant to chapter 630 or 633 of NRS or registered nurse accompanying the petition.

      Sec. 104.  NRS 441A.720 is hereby amended to read as follows:

      441A.720  When any involuntary court isolation or quarantine is ordered under the provisions of NRS 441A.500 to 441A.720, inclusive, the involuntarily isolated or quarantined person, together with the court orders, any certificates of the health authorities, physicians, [licensed] physician assistants licensed pursuant to chapter 630 or 633 of NRS or registered nurses, the written summary of the evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the appropriate county who must be ordered to:

      1.  Transport the person; or

      2.  Arrange for the person to be transported by:

      (a) A system for the nonemergency medical transportation of persons whose operation is authorized by the Transportation Services Authority; or

      (b) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê to the appropriate public or private medical facility, residence or other safe location.

      Sec. 105.  NRS 442.003 is hereby amended to read as follows:

      442.003  As used in this chapter, unless the context requires otherwise:

      1.  “Advisory Board” means the Advisory Board on Maternal and Child Health.

      2.  “Department” means the Department of Health and Human Services.

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

      4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

      5.  “Health Division” means the Health Division of the Department.

 


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      6.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

      7.  “Provider of health care or other services” means:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS;

      (b) A physician or a physician assistant who is licensed pursuant to chapter 630 or [an osteopathic physician who is licensed pursuant to chapter] 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

      (c) A licensed nurse;

      (d) A licensed psychologist;

      (e) A licensed marriage and family therapist;

      (f) A licensed social worker; or

      (g) The holder of a certificate of registration as a pharmacist.

      Sec. 106.  NRS 442.119 is hereby amended to read as follows:

      442.119  As used in NRS 442.119 to 442.1198, inclusive, unless the context otherwise requires:

      1.  “Health officer” includes a local health officer, a city health officer, a county health officer and a district health officer.

      2.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      3.  “Medicare” has the meaning ascribed to it in NRS 439B.130.

      4.  “Provider of prenatal care” means:

      (a) A physician who is licensed in this State and certified in obstetrics and gynecology, family practice, general practice or general surgery.

      (b) A certified nurse midwife who is licensed by the State Board of Nursing.

      (c) An advanced practitioner of nursing who has specialized skills and training in obstetrics or family nursing.

      (d) A physician assistant licensed pursuant to chapter 630 or 633 of NRS who has specialized skills and training in obstetrics or family practice.

      Sec. 107.  NRS 449.0175 is hereby amended to read as follows:

      449.0175  “Rural clinic” means a facility located in an area that is not designated as an urban area by the Bureau of the Census, where medical services are provided by a physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced practitioner of nursing under the supervision of a licensed physician.

      Sec. 108.  NRS 453.038 is hereby amended to read as follows:

      453.038  “Chart order” means an order entered on the chart of a patient:

      1.  In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the Health Division of the Department; or

      2.  Under emergency treatment in a hospital by a physician, advanced practitioner of nursing, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, advanced practitioner of nursing, dentist or podiatric physician authorizing the administration of a drug to the patient.

      Sec. 109.  NRS 453.091 is hereby amended to read as follows:

      453.091  1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

 


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      2.  “Manufacture” does not include the preparation, compounding, packaging or labeling of a substance by a pharmacist, physician, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, advanced practitioner of nursing or veterinarian:

      (a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or

      (b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

      Sec. 110.  NRS 453.126 is hereby amended to read as follows:

      453.126  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this State and is registered pursuant to this chapter.

      2.  An advanced practitioner of nursing who holds a certificate from the State Board of Nursing and a certificate from the State Board of Pharmacy authorizing him to dispense or to prescribe and dispense controlled substances.

      3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this State to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

      4.  A euthanasia technician who is licensed by the Nevada State Board of Veterinary Medical Examiners and registered pursuant to this chapter, while he possesses or administers sodium pentobarbital pursuant to his license and registration.

      5.  A physician assistant who:

      (a) Holds a license from the Board of Medical Examiners; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.

      6.  [An osteopathic physician’s] A physician assistant who:

      (a) Holds a [certificate] license from the State Board of Osteopathic Medicine; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.

      7.  An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.

      Sec. 111.  NRS 453.128 is hereby amended to read as follows:

      453.128  1.  “Prescription” means:

      (a) An order given individually for the person for whom prescribed, directly from a physician, [osteopathic physician’s assistant,] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practitioner of nursing or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or

      (b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.

 


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      2.  The term does not include a chart order written for an inpatient for use while he is an inpatient.

      Sec. 112.  NRS 453.226 is hereby amended to read as follows:

      453.226  1.  Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this State shall obtain biennially a registration issued by the Board in accordance with its regulations.

      2.  A person registered by the Board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

      3.  The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

      (a) An agent or employee of a registered dispenser of a controlled substance if he is acting in the usual course of his business or employment;

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, [osteopathic physician’s assistant,] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practitioner of nursing, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or

      (d) A physician who:

             (1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine; and

             (2) Is registered with the Drug Enforcement Administration at a location outside this State.

      4.  The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.

      5.  A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.

      6.  The Board may inspect the establishment of a registrant or applicant for registration in accordance with the Board’s regulations.

      Sec. 113.  NRS 453.336 is hereby amended to read as follows:

      453.336  1.  A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, [osteopathic physician’s assistant,] physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practitioner of nursing or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

      2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

 


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ê2007 Statutes of Nevada, Page 1865 (Chapter 413, SB 412)ê

 

      (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

      (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

      (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

      3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      4.  Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

      (a) For the first offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $600; or

             (2) Examined by an approved facility for the treatment of abuse of drugs to determine whether he is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that he is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (b) For the second offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $1,000; or

             (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

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

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

      5.  As used in this section, “controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

      Sec. 114.  NRS 453.371 is hereby amended to read as follows:

      453.371  As used in NRS 453.371 to 453.552, inclusive:

      1.  “Advanced practitioner of nursing” means a person who holds a certificate of recognition granted pursuant to NRS 632.237 and is registered with the Board.

      2.  “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.

      3.  “Pharmacist” means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the Board.

      4.  “Physician,” “dentist,” “podiatric physician,” “veterinarian” and “euthanasia technician” mean persons authorized by a license to practice their respective professions in this State who are registered with the Board.

 


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ê2007 Statutes of Nevada, Page 1866 (Chapter 413, SB 412)ê

 

      5.  “Physician assistant” means a person who is registered with the Board and:

      (a) Holds a license issued pursuant to NRS 630.273; or

      (b) Holds a [certificate] license issued pursuant to [NRS 633.451.] section 29 of this act.

      Sec. 115.  NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      1.  A practitioner.

      2.  A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

      4.  In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

      (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

      (b) Acting under the direction of the medical director of that agency or facility who works in this State.

      5.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

      (a) The State Board of Health in a county whose population is less than 100,000;

      (b) A county board of health in a county whose population is 100,000 or more; or

      (c) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      6.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      7.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      8.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

 


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ê2007 Statutes of Nevada, Page 1867 (Chapter 413, SB 412)ê

 

      9.  Any person designated by the head of a correctional institution.

      10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      13.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      14.  A physical therapist, but only if the drug or medicine is a topical drug which is:

      (a) Used for cooling and stretching external tissue during therapeutic treatments; and

      (b) Prescribed by a licensed physician for:

             (1) Iontophoresis; or

             (2) The transmission of drugs through the skin using ultrasound.

      15.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      16.  A veterinary technician at the direction of his supervising veterinarian.

      17.  In accordance with applicable regulations of the Board, a registered pharmacist who:

      (a) Is trained in and certified to carry out standards and practices for immunization programs;

      (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

      (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

      18.  A person who is enrolled in a training program to become a physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      Sec. 116.  NRS 454.215 is hereby amended to read as follows:

      454.215  A dangerous drug may be dispensed by:

      1.  A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;

 


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ê2007 Statutes of Nevada, Page 1868 (Chapter 413, SB 412)ê

 

      2.  A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;

      3.  A practitioner, or a physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;

      4.  A registered nurse, when the nurse is engaged in the performance of any public health program approved by the Board;

      5.  A medical intern in the course of his internship;

      6.  An advanced practitioner of nursing who holds a certificate from the State Board of Nursing and a certificate from the State Board of Pharmacy permitting him to dispense dangerous drugs;

      7.  A registered nurse employed at an institution of the Department of Corrections to an offender in that institution;

      8.  A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the Board; or

      9.  A registered nurse to a patient at a rural clinic that is designated as such pursuant to NRS 433.233 and that is operated by the Division of Mental Health and Developmental Services of the Department of Health and Human Services if the nurse is providing mental health services at the rural clinic,

Ê except that no person may dispense a dangerous drug in violation of a regulation adopted by the Board.

      Sec. 117.  NRS 454.221 is hereby amended to read as follows:

      454.221  1.  A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless the dangerous drug was obtained originally by a legal prescription.

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

      (a) A practitioner to his patients;

      (b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;

      (c) A registered nurse while participating in a public health program approved by the Board, or an advanced practitioner of nursing who holds a certificate from the State Board of Nursing and a certificate from the State Board of Pharmacy permitting him to dispense dangerous drugs;

      (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;

      (e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the State Health Officer or his designated Medical Director of Emergency Medical Services, to a person or agency described in subsection 3 of NRS 639.268 to stock ambulances or other authorized vehicles or replenish the stock; or

      (f) A pharmacy in a correctional institution to a person designated by the Director of the Department of Corrections to administer a lethal injection to a person who has been sentenced to death.

      Sec. 118.  NRS 484.393 is hereby amended to read as follows:

      484.393  1.  The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 unless:

 


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ê2007 Statutes of Nevada, Page 1869 (Chapter 413, SB 412)ê

 

the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, physician assistant [,] licensed pursuant to chapter 630 or 633 of NRS, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.

      Sec. 119.  NRS 632.450, 633.431, 633.441, 633.451, 633.461 and 640B.180 are hereby repealed.

      Sec. 120.  A certificate for an osteopathic physician’s assistant that is current and valid on December 31, 2007, shall, on January 1, 2008, be deemed to be a license issued pursuant to section 29 of this act.

      Sec. 121.  1.  This act becomes 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 January 1, 2008, for all other purposes.

      2.  The amendatory provisions of section 7 of this act expire by limitation on January 1, 2012.

      3.  Sections 11 and 25 of this act expire by limitation on January 1, 2012.

________

 


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ê2007 Statutes of Nevada, Page 1870ê

 

CHAPTER 414, AB 354

Assembly Bill No. 354–Assemblymen Parnell, Smith and Mabey

 

Joint Sponsor: Senator Wiener

 

CHAPTER 414

 

AN ACT relating to the health of pupils; requiring that certain physical examinations of children in schools include an examination of height and weight of a representative sample of pupils; requiring that notice be provided to the parent or guardian of a child before the examinations are performed; requiring school nurses or a designee of a school nurse to report the results of such physical examinations to the State Health Officer for statistical purposes and to exclude from the reports any identifying information relating to a particular child; requiring the Legislative Committee on Health Care to hold a hearing during the interim concerning the health-related issues of children; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, physical examinations of children are required in certain grades in school to determine if a child has scoliosis, any visual or auditory problem or any gross physical defect. (NRS 392.420) This bill requires such a physical examination before the completion of the first year of enrollment in elementary school. This bill also requires examinations of height and weight of a representative sample of pupils. This bill authorizes the board of trustees of a school district to adopt a policy encouraging the school district and schools within the district to collaborate with qualified health care providers and students enrolled in health care programs in postsecondary educational institutions to assist in the physical examinations. This bill also requires that notice be provided to the parent or guardian of a child before the physical examinations are performed on the child. This bill requires school nurses or a designee of a school nurse to report the results of such physical examinations to the State Health Officer for statistical purposes and to exclude from the reports any identifying information relating to a particular child.

      Section 4 of this bill requires the Legislative Committee on Health Care to hold a hearing, during the 2007-2009 interim, concerning the health-related issues of children.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.420 is hereby amended to read as follows:

      392.420  1.  In each school at which he is responsible for providing nursing services, a school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

      (a) For visual and auditory problems [, in] :

            (1) Before the completion of the first year of initial enrollment in elementary school;

 


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ê2007 Statutes of Nevada, Page 1871 (Chapter 414, AB 354)ê

 

             (2) In at least [two grades] one additional grade of the elementary schools [,] ; and

             (3) In one grade of the middle or junior high schools [,] and one grade of the high schools; and

      (b) For scoliosis, in at least one grade of schools below the high schools.

Ê Any person other than a school nurse , including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.

      2.  In addition to the requirements of subsection 1, each school district shall conduct examinations of height and weight of a representative sample of pupils in at least one grade of the:

      (a) Elementary schools within the school district;

      (b) Middle schools or junior high schools within the school district; and

      (c) High schools within the school district,

Ê The Health Division of the Department of Health and Human Services shall define “representative sample” in collaboration with the school districts for purposes of this subsection.

      3.  If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, he must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

      [3.] 4.  A special examination for a possible visual or auditory problem must be provided for any child who:

      (a) Is enrolled in a special program;

      (b) Is repeating a grade;

      (c) Has failed an examination for a visual or auditory problem during the previous school year; or

      (d) Shows in any other way that he may have such a problem.

      [4.] 5.  The school authorities shall notify the [parents] parent or guardian of any child who is found or believed to have [a] scoliosis, any visual or auditory problem, [scoliosis] or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it.

      [5.] 6.  In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.

      [6.] 7.  The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:

      (a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and

      (b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.

      8.  The school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section.

 


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ê2007 Statutes of Nevada, Page 1872 (Chapter 414, AB 354)ê

 

required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from [the] an examination if his [parents] parent or guardian [filed] files with the teacher a written statement objecting to the examination.

      9.  Each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he is responsible for providing services to the State Health Officer in the format prescribed by the State Health Officer. Each such report must exclude any identifying information relating to a particular child. The State Health Officer shall compile all such information he receives to monitor the health status of children and shall retain the information.

      Sec. 2.  NRS 392.420 is hereby amended to read as follows:

      392.420  1.  In each school at which he is responsible for providing nursing services, a school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

      (a) For visual and auditory problems:

             (1) Before the completion of the first year of initial enrollment in elementary school;

             (2) In at least one additional grade of the elementary schools; and

             (3) In one grade of the middle or junior high schools and one grade of the high schools; and

      (b) For scoliosis, in at least one grade of schools below the high schools.

Ê Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.

      2.  [In addition to the requirements of subsection 1, each school district shall conduct examinations of height and weight of a representative sample of pupils in at least one grade of the:

      (a) Elementary schools within the school district;

      (b) Middle schools or junior high schools within the school district; and

      (c) High schools within the school district,

Ê The Health Division of the Department of Health and Human Services shall define “representative sample” in collaboration with the school districts for purposes of this subsection.

      3.]  If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, he must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

      [4.] 3.  A special examination for a possible visual or auditory problem must be provided for any child who:

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 1873 (Chapter 414, AB 354)ê

 

      (a) Is enrolled in a special program;

      (b) Is repeating a grade;

      (c) Has failed an examination for a visual or auditory problem during the previous school year; or

      (d) Shows in any other way that he may have such a problem.

      [5.] 4.  The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it.

      [6.] 5.  In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.

      [7.] 6.  The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:

      (a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and

      (b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.

      [8.] 7.  The school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if his parent or guardian files with the teacher a written statement objecting to the examination.

      [9.] 8.  Each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he is responsible for providing services to the State Health Officer in the format prescribed by the State Health Officer. Each such report must exclude any identifying information relating to a particular child. The State Health Officer shall compile all such information he receives to monitor the health status of children and shall retain the information.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  The Legislative Committee on Health Care shall, during the 2007-2009 interim, hold at least one hearing to identify the health-related issues, needs and priorities of children residing in this State. The Committee shall solicit input from all health authorities in this State and all county and local public health officials.

      Sec. 5.  1.  This section and sections 1 and 4 of this act become effective on July 1, 2007.

      2.  Section 1 of this act expires by limitation on June 30, 2010.

      3.  Section 2 of this act becomes effective on July 1, 2010.

________

 


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ê2007 Statutes of Nevada, Page 1874ê

 

CHAPTER 415, AB 209

Assembly Bill No. 209–Committee on Taxation

 

CHAPTER 415

 

AN ACT relating to the taxation of property; revising the provisions governing certain exemptions from taxes and appeals by taxpayers; revising certain requirements for the assessment of common-interest communities; revising the provisions governing the calculation of certain partial abatements of taxes and the collection of taxes following certain fluctuations in taxable value; requiring the Committee on Local Government Finance to adopt regulations for the allocation of certain reductions in revenue resulting from the partial abatement of taxes; providing limitations upon certain requests for the waiver of interest and penalties imposed for the late payment of taxes; postponing the prospective expiration of certain provisions for the funding of accounts for the acquisition and improvement of technology in the offices of county assessors; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires each county assessor to provide certain information regarding property taxes on the Internet. (NRS 361.0445) Section 1 of this bill authorizes a county assessor to disseminate, by additional means, certain information to the public concerning the taxation of property.

      Existing law provides an exemption from property taxes for any value added to the assessed value of a building by certain qualified systems that provide heating, cooling or electricity. (NRS 361.079) Section 2 of this bill simplifies the administration of this exemption by removing any calculation of the value of such a qualified system from the determination of the assessed value of a building to which the exemption applies.

      Existing law provides partial exemptions from property taxes for the property of surviving spouses, blind persons, veterans, disabled veterans and certain veterans’ organizations, and provides for annual increases in those exemptions beginning with the 2006-2007 Fiscal Year based upon the increase in the Consumer Price Index from July 2004. (NRS 361.080, 361.085, 361.090, 361.091, 361.095) Sections 3 and 4-7 of this bill provide for the commencement of those annual increases during the 2005-2006 Fiscal Year based upon the increase in the Consumer Price Index from July 2003.

      Section 7.5 of this bill provides an exemption from property taxes for certain property held by the Archaeological Conservancy.

      Section 8 of this bill repeals a $5,000 limitation on the amount of an exemption from property taxes applicable to the funds, furniture, paraphernalia and regalia of certain lodges and other charitable organizations. (NRS 361.135)

      Existing law requires the filing of claims for personal tax exemptions on real property, and the initial claim of an organization for a tax exemption on real property, to be filed on or before June 15. (NRS 361.155) Section 9 of this bill extends that deadline to July 5 for real property acquired after June 15 and before July 1. Section 9 also provides for the filing of a late claim of exemption with, and for the appeal of the denial of a claim of exemption to, the county board of equalization.

      Existing law provides for the assessment of property taxes for a common-interest community on the community units and not on the common elements of the community. (NRS 361.233) Section 10 of this bill specifies the methodology for determining the taxable value of a parcel that includes such a community unit and clarifies the definitions of “community unit” and “common elements” for this purpose.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 1875 (Chapter 415, AB 209)ê

 

      Existing law allows taxpayers to appeal the amount of certain assessments of their property to the State Board of Equalization. (NRS 361.360) Section 11 of this bill limits the effect of a change in assessment resulting from such an appeal to the fiscal year for which the assessment was made.

      Existing law provides for a generally applicable partial abatement of the property taxes levied on property for which an assessed valuation has previously been established or on a remainder parcel of property, based upon the average change in the assessed valuation of property in the county over the last 10 years or twice the increase in the Consumer Price Index for the last year, whichever is greater. (NRS 361.4722) Section 15 of this bill ensures that this partial abatement cannot be less than zero nor greater than 8 percent.

      Existing law exempts from certain partial abatements of property taxes certain increases in the taxable value of property following large fluctuations in that value and requires the collection of the resulting taxes due over a period of 3 years. (NRS 361.4725) Section 19 of this bill allows the collection of the amount due in a single year if that amount does not exceed $100 and authorizes the Nevada Tax Commission to exempt from collection any amount which is less than the cost of collection.

      Existing law provides formulas for the allocation of reductions in revenue resulting from certain partial abatements of property taxes applicable to property for which the tax rate increases and authorizes the Committee on Local Government Finance to adopt regulations for the administration and interpretation of those formulas. (NRS 361.473, 361.4731, 361.4733) Section 23 of this bill requires the Committee to adopt such regulations as it determines to be appropriate, in accordance with certain specified principles, for the allocation of reductions in revenue resulting from those partial abatements of property taxes. Section 29 of this bill ratifies the regulations previously adopted by the Committee and requires the adoption of additional regulations not later than December 31, 2007. Section 28 of this bill repeals the existing formulas after the adoption of the additional regulations.

      Existing law allows a taxpayer to petition the tax receiver for the review of a determination regarding the applicability of certain partial abatements from property taxes. (NRS 361.4734) Section 25 of this bill requires the submission of the petition on or before January 15 of the fiscal year for which the determination is effective.

      Existing law authorizes a county treasurer or county assessor to waive all or part of the interest or penalty due from a person who fails to make a timely payment of property taxes as a result of circumstances beyond his control and who files a statement setting forth the facts of his claim. (NRS 361.4835) Section 26 of this bill requires a person seeking such relief to pay the amount of the taxes due and file the statement within 30 days after that payment is made.

      Under existing law, 2 percent of the property taxes collected for each county on personal property and the net proceeds of mines must be deposited into an account for the acquisition and improvement of technology in the office of the county assessor. (NRS 361.530, 362.170) Section 27 of this bill provides for the continuation of this funding during the next biennium by postponing its prospective expiration until June 30, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A county assessor may, by regular mail, electronic means or any other means the assessor deems appropriate, disseminate information to the public concerning the taxation of property, including, without limitation, information relating to the valuation and assessment of property, exemptions from taxation, the declaration of a homestead and programs for the assistance of senior citizens.

 


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      2.  Any information provided pursuant to subsection 1 must, to the extent practicable, be in a form that is easily understood and readily accessible to the public.

      Sec. 2.  NRS 361.079 is hereby amended to read as follows:

      361.079  1.  Except as otherwise provided in subsection 2, [for any assessment made on or after July 1, 1983, any value added by] the value of a qualified system must [be excluded from] not be included in the assessed value of [the building regardless of the date the system was installed.

      2.  Value] a building.

      2.  Any value added by a qualified system must [not be excluded from] be included in the assessed value of a commercial or industrial building during any period in which the business that owns the commercial or industrial building is receiving another abatement or exemption pursuant to NRS 361.045 to 361.159, inclusive, from the taxes imposed by this chapter.

      3.  As used in this section, “qualified system” means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential, commercial or industrial building to heat or cool the building or water used in the building, or to provide electricity used in the building, by using:

      (a) Energy from the wind or from solar devices not thermally insulated from the area where the energy is used;

      (b) Geothermal resources;

      (c) Energy derived from conversion of solid wastes; or

      (d) Waterpower,

Ê which conforms to standards established by regulation of the Department.

      Sec. 3.  NRS 361.080 is hereby amended to read as follows:

      361.080  1.  The property of surviving spouses, not to exceed the amount of $1,000 assessed valuation, is exempt from taxation, but no such exemption may be allowed to anyone but a bona fide resident of this State, and must be allowed in but one county in this State to the same family.

      2.  For the purpose of this section, property in which the surviving spouse has any interest shall be deemed the property of the surviving spouse.

      3.  The person claiming such an exemption must file with the county assessor an affidavit declaring that he is a bona fide resident of this State and that the exemption has been claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      4.  A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after any remarriage, even if the remarriage is later annulled.

      5.  If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      6.  Beginning with the [2006-2007] 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July [2004] 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

 


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Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 3.5.  NRS 361.082 is hereby amended to read as follows:

      361.082  1.  That portion of real property and tangible personal property which is used for housing and related facilities for persons with low incomes is exempt from taxation if the portion of property qualifies as a low-income unit and is part of a qualified low-income housing project that is funded in part by federal money appropriated pursuant to 42 U.S.C. §§ 12701 et seq. for the year in which the exemption applies.

      2.  The portion of a qualified low-income housing project that is entitled to the property tax exemption pursuant to subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the low-income units and related facilities that are occupied by or used exclusively for persons with low incomes.

      3.  The Nevada Tax Commission shall, by regulation, prescribe a form for an application for the exemption described in subsection 1. After an original application is filed, the county assessor of the county in which the housing project is located may mail a form for the renewal of the exemption to the owner of the housing project each year following a year in which the exemption was allowed for that project.

      4.  A renewal form returned to a county assessor must indicate the total number of units in the housing project and the number of units used for housing and related facilities for persons with low incomes. If the owner of a housing project fails to provide a properly completed renewal form to the county assessor of the county in which the project is located by the date required in NRS 361.155, except as otherwise provided in subsection 6 of that section, or fails to qualify for the exemption described in subsection 1, he is not entitled to the exemption in the following fiscal year.

      5.  As used in this section, the terms “low-income unit” and “qualified low-income housing project” have the meanings ascribed to them in 26 U.S.C. § 42.

      Sec. 4.  NRS 361.085 is hereby amended to read as follows:

      361.085  1.  The property of all blind persons, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the blind person’s interest therein, but no such exemption may be allowed to anyone but a bona fide resident of this State, and must be allowed in but one county in this State on account of the same blind person.

      2.  The person claiming such an exemption must file with the county assessor an affidavit declaring that he is a bona fide resident of the State of Nevada who meets all the other requirements for the exemption and that the exemption is not claimed in any other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      3.  Upon first claiming the exemption in a county , the claimant shall furnish to the assessor a certificate of a licensed physician setting forth that he has examined the claimant and has found him to be a blind person.

 


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ê2007 Statutes of Nevada, Page 1878 (Chapter 415, AB 209)ê

 

      4.  If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      5.  Beginning with the [2006-2007] 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July [2004] 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      6.  As used in this section, “blind person” includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      Sec. 5.  NRS 361.090 is hereby amended to read as follows:

      361.090  1.  The property, to the extent of $2,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

      (a) Has served a minimum of 90 continuous days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;

      (b) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or

      (c) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty,

Ê and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  For the purpose of this section, the first $2,000 assessed valuation of property in which an applicant has any interest shall be deemed the property of the applicant.

      3.  The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county in this State. After the filing of the original affidavit, the county assessor shall mail a form for:

 


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ê2007 Statutes of Nevada, Page 1879 (Chapter 415, AB 209)ê

 

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for Veterans’ Homes established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Persons in actual military service are exempt during the period of such service from filing the annual forms for renewal of the exemption, and the county assessors shall continue to grant the exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      8.  Beginning with the [2006-2007] 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July [2004] 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 6.  NRS 361.091 is hereby amended to read as follows:

      361.091  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veteran’s exemption.

      2.  The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.

      (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.

Ê For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and be filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county within this State.

 


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ê2007 Statutes of Nevada, Page 1880 (Chapter 415, AB 209)ê

 

requirements of subsection 1 and that the exemption is not claimed in any other county within this State. After the filing of the original affidavit, the county assessor shall mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for Veterans’ Homes established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant’s status, and for that purpose shall require him to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or

      (c) A certificate from the Department of Veterans Affairs or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

      (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

      (b) The disabled veteran was eligible for the exemption at the time of his death or would have been eligible if he had been a resident of the State of Nevada;

      (c) The surviving spouse has not remarried; and

      (d) The surviving spouse is a bona fide resident of the State of Nevada.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      7.  If a veteran or the surviving spouse of a veteran submits, as proof of disability, documentation that indicates a percentage of permanent service-connected disability for more than one permanent service-connected disability, the amount of the exemption must be based on the total of those combined percentages, not to exceed 100 percent.

      8.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.

      9.  If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      10.  Beginning with the [2006-2007] 2005-2006 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July [2004] 2003 to the July preceding the fiscal year for which the adjustment is calculated.

 


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the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 7.  NRS 361.095 is hereby amended to read as follows:

      361.095  1.  The funds, furniture, paraphernalia and regalia owned and used exclusively by any post of any national organization of ex-servicemen or ex-servicewomen for the legitimate purposes and customary objects of such posts are exempt from taxation, but such an exemption must not exceed the sum of $10,000 assessed valuation to any one post or organization thereof.

      2.  The buildings, with their fixtures and the lots of ground on which they stand, used for its legitimate purposes and necessary thereto, of any such organization are exempt from taxation, but when any such property is used for purposes other than those of such an organization, and a rent or other valuable consideration is received for its use, the property so used must be taxed.

      3.  Where any structure or parcel of land is used partly for the purposes of such an organization and partly for rental purposes, the area used for rental purposes must be assessed separately and that portion only may be taxed.

      4.  Beginning with the [2006-2007] 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July [2004] 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 7.5.  NRS 361.111 is hereby amended to read as follows:

      361.111  1.  Except as otherwise provided in subsections 2 and 3, all real property and improvements thereon acquired by the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy and held for ultimate acquisition by the State or a local governmental unit are exempt from taxation if:

      (a) The State or a local governmental unit has agreed, in writing, that acquisition of the property will be given serious consideration; and

      (b) For property for which the State has given the statement required by paragraph (a), the governing body of the county in which the property is located has approved the potential acquisition of the property by the State.

      2.  When the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy transfers property it has held for purposes of conservation to any person, partnership, association, corporation or entity other than the State or a local governmental unit, the property must be assessed at the rate set for first-class pasture by the Nevada Tax Commission for each year it was exempt pursuant to subsection 1 and the taxes must be collected as other taxes under this chapter are collected.

      3.  When the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy transfers property it has held for purposes other than conservation to any person, partnership, association, corporation or entity other than the State or a local governmental unit, the tax imposed by this chapter must be assessed against the property for each year it was exempt pursuant to subsection 1 and collected in the manner provided in this chapter.

 


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ê2007 Statutes of Nevada, Page 1882 (Chapter 415, AB 209)ê

 

the property for each year it was exempt pursuant to subsection 1 and collected in the manner provided in this chapter.

      4.  The Nevada Tax Commission shall adopt regulations specifying the criteria for determining when property has been held by the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy for purposes of conservation.

      Sec. 8.  NRS 361.135 is hereby amended to read as follows:

      361.135  1.  The funds, furniture, paraphernalia and regalia owned by any lodge of the Benevolent Protective Order of Elks, Fraternal Order of Eagles, Free and Accepted Masons, Independent Order of Odd Fellows, Knights of Pythias or Knights of Columbus, or by any similar charitable organization, or by the Lahontan Audubon Society, the National Audubon Society, Inc., of New York, the Defenders of Wildlife of the District of Columbia or any similar benevolent or charitable society, so long as [the same shall be] they are used for the legitimate purposes of such lodge or society or for such charitable or benevolent purposes, [shall be] are exempt from taxation . [, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one lodge, society or organization.]

      2.  The real estate and fixtures of any such organization or society [shall be] are exempt from taxation, but when any such property is used for purposes other than those of such organization or society, and a rent or other valuable consideration is received for its use, the property so used [shall] must be taxed.

      3.  Where any structure or parcel of land is used partly for the purposes of such organization or society and partly for rental purposes, the area used for rental purposes [shall] must be assessed separately and that portion only [shall] may be taxed.

      Sec. 9.  NRS 361.155 is hereby amended to read as follows:

      361.155  1.  [All] Except as otherwise provided in this section:

      (a) All claims for personal tax exemptions on real property, the initial claim of an organization for a tax exemption on real property and the designation of any amount to be credited to the Gift Account for Veterans’ Homes pursuant to NRS 361.0905 must be filed on or before June 15.

      (b) An initial claim for a tax exemption on real property acquired after June 15 and before July 1 must be filed on or before July 5.

      2.  All exemptions provided for pursuant to this chapter apply on a fiscal year basis and any exemption granted pursuant to this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

      [2.] 3.  [Each] Except as otherwise provided in this section, each claim for an exemption provided for pursuant to this chapter must be filed with the county assessor of:

      (a) The county in which the claimant resides for personal tax exemptions; or

      (b) Each county in which property is located for the tax exemption of an organization.

      [3.] 4.  After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.

 


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ê2007 Statutes of Nevada, Page 1883 (Chapter 415, AB 209)ê

 

      [4.] 5.  If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection [3,] 4, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years may be added.

      6.  If a claim for a tax exemption on real property and any required affidavit or other documentation in support of the claim is not filed within the time required by subsection 1, or if a claim for a tax exemption is denied by the county assessor, the person claiming the exemption may, on or before January 15 of the fiscal year for which the claim of exemption is made, file the claim and any required documentation in support of the claim with the county board of equalization of the county in which the claim is required to be filed pursuant to subsection 3. The county board of equalization shall review the claim of exemption and may grant or deny the claim for that fiscal year, as it determines to be appropriate. The State Board of Equalization shall establish procedures for:

      (a) The review of a claim of exemption by a county board of equalization pursuant to this subsection; and

      (b) The appeal to the State Board of Equalization of the denial of a claim of exemption by a county board of equalization pursuant to this subsection.

      Sec. 10.  NRS 361.233 is hereby amended to read as follows:

      361.233  1.  Notwithstanding any other provision of law:

      (a) Any ad valorem taxes or special assessments assessed upon any real property within a common-interest community:

             (1) Must be assessed upon the community units and not upon the common-interest community as a whole; and

             (2) Must not be assessed upon any common elements of the common-interest community.

      (b) [Each community unit must be assessed separately for the purposes of ad valorem taxes and special assessments.

      (c) Any lien created by the levy of an ad valorem tax or special assessment upon a community unit applies only to the community unit assessed and does not apply to any other portion of the common-interest community.] The taxable value of each parcel:

            (1) Composed solely of a community unit must consist of:

                   (I) The taxable value of that community unit; and

                   (II) A percentage of the taxable value of all the common elements of that common-interest community which is equal to 1 divided by the total number of community units in that common-interest community; or

             (2) Composed of a community unit and any portion of the common elements of the common-interest community must consist of:

                   (I) The taxable value of that community unit only; and

                   (II) A percentage of the taxable value of all the common elements of that common-interest community which is equal to 1 divided by the total number of community units in that common-interest community.

      2.  The Nevada Tax Commission shall adopt such regulations as it determines to be appropriate to ensure that this section is carried out in a uniform and equal manner that does not result in the double taxation of any common elements of a common-interest community.

 


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ê2007 Statutes of Nevada, Page 1884 (Chapter 415, AB 209)ê

 

      3.  For the purposes of this section:

      (a) “Ad valorem tax” means an ad valorem tax levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

      (b) “Common elements” means [all real property within] the physical portion of a common-interest community [other than the community units,] , including, without limitation, any landscaping, swimming pools, fitness centers, community centers, maintenance and service areas, parking areas, hallways, elevators and mechanical rooms, which is [owned:] :

             (1) Intended for the general benefit of and potential use by all the owners of the community units and their invitees; and

             (2) Owned:

                   (I) By the community association;

             [(2)] (II) By any person on behalf or for the benefit of the owners of the community units; or

             [(3)] (III) Jointly by the owners of the community units.

      (c) “Common-interest community” means real property with respect to which a person, by virtue of his ownership of a community unit, is obligated to pay for any real property other than that unit. The term includes a common-interest community governed by the provisions of chapter 116 of NRS, a condominium project governed by the provisions of chapter 117 of NRS and any time-share project, planned unit development or other real property which is organized as a common-interest community in this State.

      (d) “Community association” means an association whose membership:

             (1) Consists exclusively of the owners of the community units or their elected or appointed representatives; and

             (2) Is a required condition of the ownership of a community unit.

      (e) “Community unit” means a physical portion of a common-interest community [designated] , other than the common elements, which is:

             (1) Designated for separate ownership or occupancy [.] ; and

             (2) Intended for:

                   (I) Residential use by the owner of that unit and his invitees; or

                   (II) Commercial use by the owner of that unit for the generation of revenue from any persons other than the owners of community units in that common-interest community and their invitees.

      (f) “Special assessment” means a special assessment levied by any governmental entity or political subdivision in this State on or after July 1, 2006.

      Sec. 11.  NRS 361.360 is hereby amended to read as follows:

      361.360  1.  Any taxpayer aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may file an appeal with the State Board of Equalization on or before March 10 and present to the State Board of Equalization the matters complained of at one of its sessions. If March 10 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

      2.  All such appeals must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered before the final adjournment of the county board of equalization. The new evidence must be submitted in writing to the State Board of Equalization and served upon the county assessor not less than 7 days before the hearing.

 


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ê2007 Statutes of Nevada, Page 1885 (Chapter 415, AB 209)ê

 

writing to the State Board of Equalization and served upon the county assessor not less than 7 days before the hearing.

      3.  Any taxpayer whose real or personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the State Board of Equalization. Every such appeal must be filed on or before May 15. If May 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day. A meeting must be held before May 31 to hear those protests that in the opinion of the State Board of Equalization may have a substantial effect on tax revenues. One or more meetings may be held at any time and place in the State before October 1 to hear all other protests.

      4.  The State Board of Equalization may not reduce the assessment of the county assessor if:

      (a) The appeal involves an assessment on property which the taxpayer has refused or, without good cause, has neglected to include in the list required of him pursuant to NRS 361.265 or if the taxpayer has refused or, without good cause, has neglected to provide the list to the county assessor; or

      (b) The taxpayer has, without good cause, refused entry to the assessor for the purpose of conducting the physical examination authorized by NRS 361.260.

      5.  Any change made in an assessment appealed to the State Board of Equalization is effective only for the fiscal year for which the assessment was made. The county assessor shall review each [year review any] such change [made in an assessment for the previous fiscal year] and maintain or remove the change as circumstances warrant [.] for the next fiscal year.

      6.  If the State Board of Equalization determines that the record of a case on appeal from the county board of equalization is inadequate because of an act or omission of the county assessor, the district attorney or the county board of equalization, the State Board of Equalization may remand the case to the county board of equalization with directions to develop an adequate record within 30 days after the remand. The directions must indicate specifically the inadequacies to be remedied. If the State Board of Equalization determines that the record returned from the county board of equalization after remand is still inadequate, the State Board of Equalization may hold a hearing anew on the appellant’s complaint or it may, if necessary, contract with an appropriate person to hear the matter, develop an adequate record in the case and submit recommendations to the State Board. The cost of the contract and all costs, including attorney’s fees, to the State or the appellant necessary to remedy the inadequate record on appeal are a charge against the county.

      Secs. 12 and 13.  (Deleted by amendment.)

      Sec. 14.  NRS 361.471 is hereby amended to read as follows:

      361.471  As used in NRS 361.471 to 361.4735, inclusive, unless the context otherwise requires, the words and terms defined in NRS [361.4711 to 361.4721, inclusive,] 361.4712, 361.4715 and 361.4721 have the meanings ascribed to them in those sections.

      Sec. 15.  NRS 361.4722 is hereby amended to read as follows:

      361.4722  1.  Except as otherwise provided in or required to carry out the provisions of subsection 3 and NRS 361.4725 to 361.4728, inclusive, the owner of any parcel or other taxable unit of property, including property entered on the central assessment roll, for which an assessed valuation was separately established for the immediately preceding fiscal year is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

 


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ê2007 Statutes of Nevada, Page 1886 (Chapter 415, AB 209)ê

 

separately established for the immediately preceding fiscal year is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

             (1) The [lesser] greater of:

                   (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years; [or]

                   (II) [Eight percent; or

             (2)] Twice the percentage of increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (All Items) for the immediately preceding calendar year [,] ; or

                   (III) Zero; or

             (2) Eight percent,

Ê whichever is [greater.] less.

      2.  Except as otherwise provided in or required to carry out the provisions of NRS 361.4725 to 361.4728, inclusive, the owner of any remainder parcel of real property for which no assessed valuation was separately established for the immediately preceding fiscal year, is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for a fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any amount of that assessed valuation attributable to any improvement to or change in the actual or authorized use of the property that would not have been included in the calculation of the assessed valuation of the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year; or

 


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ê2007 Statutes of Nevada, Page 1887 (Chapter 415, AB 209)ê

 

considerations that would have been used for the valuation of that property for that prior fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year, and if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

             (1) The [lesser] greater of:

                   (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years; [or]

                   (II) [Eight percent; or

             (2)] Twice the percentage of increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (All Items) for the immediately preceding calendar year [,] ; or

                   (III) Zero; or

             (2) Eight percent,

Ê whichever is [greater.] less.

      3.  The provisions of subsection 1 do not apply to any property for which the provisions of subsection 1 of NRS 361.4723 or subsection 1 of NRS 361.4724 provide a greater abatement from taxation.

      4.  Except as otherwise required to carry out the provisions of NRS 361.473 to 361.4733, inclusive, and any regulations adopted pursuant thereto, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsections 1 and 2 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      5.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to ensure that this section is carried out in a uniform and equal manner.

      6.  For the purposes of this section [:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Remainder] , “remainder parcel of real property” means a parcel of real property which remains after the creation of new parcels of real property for development from one or more existing parcels of real property, if the use of that remaining parcel has not changed from the immediately preceding fiscal year.

      [(c) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.]

 


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ê2007 Statutes of Nevada, Page 1888 (Chapter 415, AB 209)ê

 

      Sec. 16.  NRS 361.4722 is hereby amended to read as follows:

      361.4722  1.  Except as otherwise provided in or required to carry out the provisions of subsection 3 and NRS 361.4725 to 361.4728, inclusive, the owner of any parcel or other taxable unit of property, including property entered on the central assessment roll, for which an assessed valuation was separately established for the immediately preceding fiscal year is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

             (1) The [lesser] greater of:

                   (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years; [or]

                   (II) [Eight percent; or

             (2)] Twice the percentage of increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (All Items) for the immediately preceding calendar year [,] ; or

                   (III) Zero; or

             (2) Eight percent,

Ê whichever is [greater.] less.

      2.  Except as otherwise provided in or required to carry out the provisions of NRS 361.4725 to 361.4728, inclusive, the owner of any remainder parcel of real property for which no assessed valuation was separately established for the immediately preceding fiscal year, is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for a fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any amount of that assessed valuation attributable to any improvement to or change in the actual or authorized use of the property that would not have been included in the calculation of the assessed valuation of the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year, exceeds the sum obtained by adding:

 


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ê2007 Statutes of Nevada, Page 1889 (Chapter 415, AB 209)ê

 

      (a) The amount of all the ad valorem taxes:

             (1) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year, and if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

             (1) The [lesser] greater of:

                   (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years; [or]

                   (II) [Eight percent; or

             (2)] Twice the percentage of increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (All Items) for the immediately preceding calendar year [,] ; or

                   (III) Zero; or

             (2) Eight percent,

Ê whichever is [greater.] less.

      3.  The provisions of subsection 1 do not apply to any property for which the provisions of subsection 1 of NRS 361.4723 or subsection 1 of NRS 361.4724 provide a greater abatement from taxation.

      4.  Except as otherwise required to carry out the provisions of NRS [361.473 to 361.4733, inclusive,] 361.4732 and any regulations adopted pursuant [thereto,] to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsections 1 and 2 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      5.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to ensure that this section is carried out in a uniform and equal manner.

      6.  For the purposes of this section [:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Remainder] , “remainder parcel of real property” means a parcel of real property which remains after the creation of new parcels of real property for development from one or more existing parcels of real property, if the use of that remaining parcel has not changed from the immediately preceding fiscal year.

 


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ê2007 Statutes of Nevada, Page 1890 (Chapter 415, AB 209)ê

 

for development from one or more existing parcels of real property, if the use of that remaining parcel has not changed from the immediately preceding fiscal year.

      [(c) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.]

      Sec. 17.  NRS 361.4723 is hereby amended to read as follows:

      361.4723  The Legislature hereby finds and declares that an increase in the tax bill of the owner of a home by more than 3 percent over the tax bill of that homeowner for the previous year constitutes a severe economic hardship within the meaning of subsection 10 of Section 1 of Article 10 of the Nevada Constitution. The Legislature therefore directs a partial abatement of taxes for such homeowners as follows:

      1.  Except as otherwise provided in or required to carry out the provisions of subsection 2 and NRS 361.4725 to 361.4728, inclusive, the owner of a single-family residence which is the primary residence of the owner is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

      2.  The provisions of subsection 1 do not apply to any property for which:

      (a) No assessed valuation was separately established for the immediately preceding fiscal year; or

      (b) The provisions of subsection 1 of NRS 361.4722 provide a greater abatement from taxation.

      3.  Except as otherwise required to carry out the provisions of NRS [361.473 to 361.4733, inclusive,] 361.4732 and any regulations adopted pursuant [thereto,] to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsection 1 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      4.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section, including, without limitation, regulations providing a methodology for applying the partial abatement provided pursuant to subsection 1 to a parcel of real property of which only a portion qualifies as a single-family residence which is the primary residence of the owner and the remainder is used in another manner.

 


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ê2007 Statutes of Nevada, Page 1891 (Chapter 415, AB 209)ê

 

regulations providing a methodology for applying the partial abatement provided pursuant to subsection 1 to a parcel of real property of which only a portion qualifies as a single-family residence which is the primary residence of the owner and the remainder is used in another manner.

      5.  The owner of a single-family residence does not become ineligible for the partial abatement provided pursuant to subsection 1 as a result of:

      (a) The operation of a home business out of a portion of that single-family residence; or

      (b) The manner in which title is held by the owner if the owner occupies the residence, including, without limitation, if the owner has placed the title in a trust for purposes of estate planning.

      6.  For the purposes of this section:

      (a) [“Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b)] “Primary residence of the owner” means a residence which:

             (1) Is designated by the owner as the primary residence of the owner in this State, exclusive of any other residence of the owner in this State; and

             (2) Is not rented, leased or otherwise made available for exclusive occupancy by any person other than the owner of the residence and members of the family of the owner of the residence.

      [(c)] (b) “Single-family residence” means a parcel or other unit of real property or unit of personal property which is intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

      [(d) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.

      (e)] (c) “Unit of personal property” includes, without limitation, any:

             (1) Mobile or manufactured home, whether or not the owner thereof also owns the real property upon which it is located; or

             (2) Taxable unit of a condominium, common-interest community, planned unit development or similar property,

Ê if classified as personal property for the purposes of this chapter.

      [(f)] (d) “Unit of real property” includes, without limitation, any taxable unit of a condominium, common-interest community, planned unit development or similar property, if classified as real property for the purposes of this chapter.

      Sec. 18.  NRS 361.4724 is hereby amended to read as follows:

      361.4724  The Legislature hereby finds and declares that many Nevadans who cannot afford to own their own homes would be adversely affected by large unanticipated increases in property taxes, as those tax increases are passed down to renters in the form of rent increases and therefore the benefits of a charitable exemption pursuant to subsection 8 of Section 1 of Article 10 of the Nevada Constitution should be afforded to those Nevadans through an abatement granted to the owners of residential rental dwellings who charge rent that does not exceed affordable housing standards for low-income housing. The Legislature therefore directs a partial abatement of taxes for such owners as follows:

      1.  Except as otherwise provided in or required to carry out the provisions of subsection 2 and NRS 361.4725 to 361.4728, inclusive, if the amount of rent collected from each of the tenants of a residential dwelling does not exceed the fair market rent for the county in which the dwelling is located, as most recently published by the United States Department of Housing and Urban Development, the owner of the dwelling is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for each fiscal year equal to the amount by which the product of the combined rate of all ad

 


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ê2007 Statutes of Nevada, Page 1892 (Chapter 415, AB 209)ê

 

does not exceed the fair market rent for the county in which the dwelling is located, as most recently published by the United States Department of Housing and Urban Development, the owner of the dwelling is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

      2.  The provisions of subsection 1 do not apply to:

      (a) Any hotels, motels or other forms of transient lodging;

      (b) Any property for which no assessed valuation was separately established for the immediately preceding fiscal year; and

      (c) Any property for which the provisions of subsection 1 of NRS 361.4722 provide a greater abatement from taxation.

      3.  Except as otherwise required to carry out the provisions of NRS [361.473 to 361.4733, inclusive,] 361.4732 and any regulations adopted pursuant [thereto,] to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsection 1 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      4.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section.

      [5.  For the purposes of this section:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.]

      Sec. 19.  NRS 361.4725 is hereby amended to read as follows:

      361.4725  1.  [Notwithstanding] Except as otherwise provided in this section and notwithstanding the provisions of NRS 361.4722, 361.4723 and 361.4724, if the taxable value of any parcel or other taxable unit of property:

 


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ê2007 Statutes of Nevada, Page 1893 (Chapter 415, AB 209)ê

 

      (a) Decreases by 15 percent or more from its taxable value on:

             (1) July 1, 2003; or

             (2) July 1 of the second year immediately preceding the lien date for the current year,

Ê whichever is later; and

      (b) For any fiscal year beginning on or after July 1, 2005, increases by 15 percent or more from its taxable value for the immediately preceding fiscal year,

Ê the amount of any ad valorem taxes levied in a county which, if not for the provisions of NRS 361.4722, 361.4723 and 361.4724, would otherwise have been collected for the property for that fiscal year as a result of that increase in taxable value, excluding any amount attributable to any increase in the taxable value of the property above the taxable value of the property on the most recent date determined pursuant to paragraph (a), must be levied on the property and carried forward each fiscal year, without any penalty or interest, in such a manner that one-third of that amount may be collected during that fiscal year and each of the succeeding 2 fiscal years.

      2.  If the total amount otherwise required to be collected during a fiscal year and each of the succeeding 2 fiscal years pursuant to subsection 1 for a parcel or other taxable unit of property is less than or equal to $100, the entire amount may be levied on the property and collected during that initial fiscal year.

      3.  The Nevada Tax Commission may exempt from the requirements of this section the levy of any taxes in an amount which is less than the cost of collecting those taxes.

      4.  The amount of any taxes [which are carried forward and] levied on any property pursuant to this section must be added to the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for a fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      [3.] 5.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to ensure that this section is carried out in a uniform and equal manner.

      [4.  For the purposes of this section:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.]

      Sec. 20.  NRS 361.473 is hereby amended to read as follows:

      361.473  Except as otherwise required to carry out any regulations adopted pursuant to NRS 361.4733:

      1.  On or before August 1 of each fiscal year, the tax receiver of each county shall determine for each parcel or other taxable unit of property located in that county, other than any property to which subsection 2 or NRS 361.4731 applies, for which the owner thereof is entitled to a partial abatement of taxes pursuant to NRS 361.4722, 361.4723 or 361.4724, and the combined overlapping tax rate applicable to the property for the current fiscal year exceeds the combined overlapping tax rate applicable to the property for the immediately preceding fiscal year, the amount which equals the lesser of:

 


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ê2007 Statutes of Nevada, Page 1894 (Chapter 415, AB 209)ê

 

fiscal year exceeds the combined overlapping tax rate applicable to the property for the immediately preceding fiscal year, the amount which equals the lesser of:

      (a) The amount of the partial abatement of taxes to which the owner of the property is entitled pursuant to NRS 361.4722, 361.4723 or 361.4724 for the current fiscal year; or

      (b) The product of the assessed value of the property for the current fiscal year and the difference between:

             (1) The combined overlapping tax rate applicable to the property for the current fiscal year; and

             (2) The combined overlapping tax rate applicable to the property for the immediately preceding fiscal year.

      2.  On or before August 1 of each fiscal year, the Department shall determine for each parcel or other taxable unit of property which is valued pursuant to NRS 361.320 or 361.323, other than any property to which NRS 361.4731 applies, and for which the owner thereof is entitled to a partial abatement of taxes pursuant to NRS 361.4722, 361.4723 or 361.4724 and the combined overlapping tax rate applicable to the property for the current fiscal year exceeds the combined overlapping tax rate applicable to the property for the immediately preceding fiscal year, the amount which equals the lesser of:

      (a) The amount of the partial abatement of taxes to which the owner of the property is entitled pursuant to NRS 361.4722, 361.4723 or 361.4724 for the current fiscal year; or

      (b) The product of the assessed value of the property for the current fiscal year and the difference between:

             (1) The combined overlapping tax rate applicable to the property for the current fiscal year; and

             (2) The combined overlapping tax rate applicable to the property for the immediately preceding fiscal year.

      3.  That portion of the amount of any reduction in the ad valorem taxes levied on any parcel or other taxable unit of property to which subsection 1 or 2 applies for a fiscal year as a result of the application of NRS 361.4722, 361.4723 and 361.4724 which is determined pursuant to subsection 1 or 2 must be deducted from the amount of ad valorem taxes that each taxing entity which has increased its rate of ad valorem taxes applicable to the property from the rate for the immediately preceding fiscal year, would otherwise be entitled to receive for the current fiscal year in the same proportion as that increase in its ad valorem tax rate bears to the total increase in the combined overlapping tax rate applicable to the property for the current fiscal year.

      Sec. 21.  NRS 361.4731 is hereby amended to read as follows:

      361.4731  Except as otherwise required to carry out any regulations adopted pursuant to NRS 361.4733:

      1.  On or before August 1 of each fiscal year, the tax receiver of each county in which is located a redevelopment area for which there is any incremental assessed value shall determine for each parcel or other taxable unit of property in that redevelopment area, other than any property to which subsection 2 applies, for which the owner thereof is entitled to a partial abatement of taxes pursuant to NRS 361.4722, 361.4723 or 361.4724, and the combined overlapping tax rate applicable to the property for the current fiscal year exceeds the combined overlapping tax rate applicable to the property for the immediately preceding fiscal year:

 


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ê2007 Statutes of Nevada, Page 1895 (Chapter 415, AB 209)ê

 

fiscal year exceeds the combined overlapping tax rate applicable to the property for the immediately preceding fiscal year:

      (a) The amount which equals the lesser of:

             (1) The amount of the partial abatement of taxes to which the owner of that property is entitled pursuant to NRS 361.4722, 361.4723 or 361.4724 for the current fiscal year; or

             (2) The product of the parcel-proportionate share of the base value for that property for the current fiscal year and the greater of:

                   (I) Zero; or

                   (II) The rate that results when the rate obtained by adding the combined overlapping tax rate for that property for the immediately preceding fiscal year to a percentage of that rate which is equal to the abatement percentage applicable to the property for the current fiscal year, is subtracted from the combined overlapping tax rate for that property for the current fiscal year; and

      (b) The amount which equals the difference between:

             (1) The amount determined pursuant to paragraph (a); and

             (2) The amount of the partial abatement of taxes to which the owner of that property is entitled pursuant to NRS 361.4722, 361.4723 or 361.4724 for the current fiscal year.

      2.  On or before August 1 of each fiscal year, the Department shall determine for each parcel or other taxable unit of property which is valued pursuant to NRS 361.320 or 361.323 and apportioned to a redevelopment area for which there is any incremental assessed value, and for which the owner thereof is entitled to a partial abatement of taxes pursuant to NRS 361.4722, 361.4723 or 361.4724, and the combined overlapping tax rate applicable to the property for the current fiscal year exceeds the combined overlapping tax rate applicable to the property for the immediately preceding fiscal year:

      (a) The amount which equals the lesser of:

             (1) The amount of the partial abatement of taxes to which the owner of that property is entitled pursuant to NRS 361.4722, 361.4723 or 361.4724 for the current fiscal year; or

             (2) The product of the parcel-proportionate share of the base value for that property for the current fiscal year and the greater of:

                   (I) Zero; or

                   (II) The rate that results when the rate obtained by adding the combined overlapping tax rate for that property for the immediately preceding fiscal year to a percentage of that rate which is equal to the abatement percentage applicable to the property for the current fiscal year, is subtracted from the combined overlapping tax rate for that property for the current fiscal year; and

      (b) The amount which equals the difference between:

             (1) The amount determined pursuant to paragraph (a); and

             (2) The amount of the partial abatement of taxes to which the owner of that property is entitled pursuant to NRS 361.4722, 361.4723 or 361.4724 for the current fiscal year.

      3.  That portion of the amount of any reduction in the ad valorem taxes levied on any parcel or other taxable unit of property to which subsection 1 or 2 applies for a fiscal year as a result of the application of NRS 361.4722, 361.4723 or 361.4724 which is determined pursuant to:

 


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ê2007 Statutes of Nevada, Page 1896 (Chapter 415, AB 209)ê

 

      (a) Paragraph (a) of subsection 1 or paragraph (a) of subsection 2 for each such parcel or other taxable unit of property for which the combined overlapping tax rate for the current fiscal year has increased from the combined overlapping tax rate for the immediately preceding fiscal year by a percentage that exceeds the abatement percentage for that property, must be deducted from the amount of ad valorem taxes that each redevelopment taxing entity which has increased its rate of ad valorem taxes applicable to the property from the rate for the immediately preceding fiscal year, would otherwise be entitled to receive for the current fiscal year from the ad valorem taxes levied on the base-year assessed value for that property in the same proportion as that increase in its ad valorem tax rate bears to the total increase in the combined overlapping tax rate applicable to the property for the current fiscal year; and

      (b) Paragraph (b) of subsection 1 or paragraph (b) of subsection 2 must be deducted from the amount of ad valorem taxes the redevelopment agency and each redevelopment taxing entity would otherwise be entitled to receive pursuant to paragraphs (b), (c) and (d) of subsection 1 of NRS 279.676 for the current fiscal year in the same proportion as each of those entities would otherwise share in the total amount distributed pursuant to those paragraphs.

      Sec. 22.  NRS 361.4732 is hereby amended to read as follows:

      361.4732  [Notwithstanding] Except as otherwise required to carry out any regulations adopted pursuant to NRS 361.4733 and notwithstanding any other provision of NRS 361.471 to 361.4735, inclusive, to the contrary, after a parcel or other taxable unit of real property is annexed to a taxing entity:

      1.  The amount otherwise required to be determined pursuant to paragraph (a) of subsection 1 of NRS 361.4722, paragraph (a) of subsection 2 of NRS 361.4722, paragraph (a) of subsection 1 of NRS 361.4723 or paragraph (a) of subsection 1 of NRS 361.4724 with respect to that property for the first fiscal year in which that taxing entity is entitled to levy or require the levy on its behalf of any ad valorem taxes on the property as a result of that annexation of the property, shall be deemed to be the amount of ad valorem taxes which would have been levied on the property for the immediately preceding fiscal year if the annexation had occurred 1 year earlier, based upon the tax rates that would have applied to the property for the immediately preceding fiscal year if the annexation had occurred 1 year earlier and without regard to any exemptions from taxation that applied to the property for the immediately preceding fiscal year but do not apply to the property for the current fiscal year; and

      2.  For the purposes of any other calculations required pursuant to the provisions of NRS 361.471 to 361.4735, inclusive, the combined overlapping tax rate applicable to that property for the fiscal year immediately preceding the first fiscal year in which that taxing entity is entitled to levy or require the levy on its behalf of any ad valorem taxes on the property as a result of that annexation of the property, shall be deemed to be the combined overlapping tax rate that would have applied to the property for that year if the annexation had occurred 1 year earlier.

      Sec. 23.  NRS 361.4733 is hereby amended to read as follows:

      361.4733  1.  The Committee on Local Government Finance [may] shall adopt:

      (a) Such regulations as it determines to be appropriate to provide for the allocation among the appropriate taxing entities of the amount of any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724, in accordance with the principles that:

 


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ê2007 Statutes of Nevada, Page 1897 (Chapter 415, AB 209)ê

 

of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724, in accordance with the principles that:

             (1) Any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724 which is caused by an increase in the rate of taxes imposed by one or more taxing entities should be allocated to the taxing entities that would have received the benefit of that increase in proportion to the relative amount of benefit that otherwise would have been received from that increase;

             (2) Any increase in the rate of ad valorem taxes imposed by a taxing entity should not affect the amount of ad valorem taxes received by other taxing entities, except for redevelopment agencies and tax increment areas whose property tax receipts depend on the tax rate of the taxing entity that increases its rate of taxes and whose territory is included, in whole or in part, in the territory of the taxing entity that increases its rate of taxes; and

             (3) A taxing entity that does not increase its rate of ad valorem taxes should not be allocated any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724, except for any reduction caused by an increase in the assessed value of that parcel or other taxable unit of real property; and

      (b) Subject to the principles set forth in paragraph (a):

             (1) Such regulations as it determines to be appropriate for the administration and interpretation of the provisions of NRS 361.473, 361.4731 and 361.4732; and

      [(b)] (2) Regulations which provide, in a manner that is consistent with the provisions of NRS 361.473, 361.4731 and 361.4732, methodologies for allocating among the appropriate taxing entities the amount of any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724 if the property is included in or excluded from the boundaries of a redevelopment area, tax increment area or taxing entity after June 14, 2005.

      2.  Any regulations adopted by the Committee on Local Government Finance pursuant to this section must be adopted in the manner prescribed for state agencies in chapter 233B of NRS.

      Sec. 24.  NRS 361.4733 is hereby amended to read as follows:

      361.4733  1.  The Committee on Local Government Finance [may] shall adopt:

      (a) Such regulations as it determines to be appropriate to provide for the allocation among the appropriate taxing entities of the amount of any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724, in accordance with the principles that:

             (1) Any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724 which is caused by an increase in the rate of taxes imposed by one or more taxing entities should be allocated to the taxing entities that would have received the benefit of that increase in proportion to the relative amount of benefit that otherwise would have been received from that increase;

             (2) Any increase in the rate of ad valorem taxes imposed by a taxing entity should not affect the amount of ad valorem taxes received by other taxing entities, except for redevelopment agencies and tax increment areas whose property tax receipts depend on the tax rate of the taxing entity that increases its rate of taxes and whose territory is included, in whole or in part, in the territory of the taxing entity that increases its rate of taxes; and

 


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ê2007 Statutes of Nevada, Page 1898 (Chapter 415, AB 209)ê

 

other taxing entities, except for redevelopment agencies and tax increment areas whose property tax receipts depend on the tax rate of the taxing entity that increases its rate of taxes and whose territory is included, in whole or in part, in the territory of the taxing entity that increases its rate of taxes; and

             (3) A taxing entity that does not increase its rate of ad valorem taxes should not be allocated any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724, except for any reduction caused by an increase in the assessed value of that parcel or other taxable unit of real property; and

      (b) Subject to the principles set forth in paragraph (a):

             (1) Such regulations as it determines to be appropriate for the administration and interpretation of the provisions of NRS [361.473, 361.4731 and] 361.4732; and

      [(b)] (2) Regulations which provide [, in a manner that is consistent with the provisions of NRS 361.473, 361.4731 and 361.4732,] methodologies for allocating among the appropriate taxing entities the amount of any reduction in the ad valorem taxes levied on a parcel or other taxable unit of real property as a result of the application of NRS 361.4722, 361.4723 and 361.4724 if the property is included in or excluded from the boundaries of a redevelopment area, tax increment area or taxing entity after June 14, 2005.

      2.  Any regulations adopted by the Committee on Local Government Finance pursuant to this section must be adopted in the manner prescribed for state agencies in chapter 233B of NRS.

      Sec. 25.  NRS 361.4734 is hereby amended to read as follows:

      361.4734  1.  A taxpayer who is aggrieved by a determination of the applicability of a partial abatement from taxation pursuant to NRS 361.4722, 361.4723 or 361.4724 may, if the property which is the subject of that determination:

      (a) Is not valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the tax receiver of the county in which the property is located. The petition must be submitted on or before January 15 of the fiscal year for which the determination is effective. The tax receiver shall, after consulting with the county assessor of that county regarding the determination and within 30 days after receiving the petition, render a decision on the petition and notify the taxpayer of that decision.

      (b) Is valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the Department. The Department shall, within 30 days after receiving the petition, render a decision on the petition and notify the taxpayer of that decision.

      2.  A taxpayer who is aggrieved by a decision rendered by a tax receiver or the Department pursuant to subsection 1 may, within 30 days after receiving notice of that decision, appeal the decision to the Nevada Tax Commission.

      3.  A taxpayer who is aggrieved by a determination of the Nevada Tax Commission rendered on an appeal made pursuant to subsection 2 is entitled to a judicial review of that determination.

      Sec. 26.  NRS 361.4835 is hereby amended to read as follows:

      361.4835  1.  If the county treasurer or the county assessor finds that a person’s failure to make a timely return or payment of tax that is assessed by the county treasurer or county assessor and that is imposed pursuant to chapter 361 of NRS, except NRS 361.320, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the county treasurer or the county assessor may relieve him of all or part of any interest or penalty, or both.

 


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ê2007 Statutes of Nevada, Page 1899 (Chapter 415, AB 209)ê

 

chapter 361 of NRS, except NRS 361.320, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the county treasurer or the county assessor may relieve him of all or part of any interest or penalty, or both.

      2.  A person seeking this relief must pay the amount of the tax due and, within 30 days after the date the payment is made, file a statement setting forth the facts upon which he bases his claim with the county treasurer or the county assessor.

      3.  The county treasurer or the county assessor shall disclose, upon the request of any person:

      (a) The name of the person; and

      (b) The amount of the relief.

      4.  If the relief sought by the taxpayer is denied, he may appeal from the denial to the Nevada Tax Commission.

      5.  The county treasurer or the county assessor may defer the decision to the Department.

      Sec. 27.  Section 57 of chapter 496, Statutes of Nevada 2005, at page 2680, is hereby amended to read as follows:

      Sec. 57.  1.  This section and sections 52.1 to 52.8, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 22, inclusive, 24 to 28, inclusive, 42 to 52, inclusive, and 53 to 56, inclusive, of this act become effective on July 1, 2005.

      3.  Sections 29 to 41, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of those sections; and

      (b) On July 1, 2006, for all other purposes.

      4.  Section 23 of this act becomes effective on July 1, [2007.] 2009.

      5.  Section 43 of this act expires by limitation on June 30, [2007.] 2009.

      Sec. 28.  NRS 361.4711, 361.4713, 361.4714, 361.4716, 361.4717, 361.4718, 361.4719, 361.472, 361.473 and 361.4731 are hereby repealed.

      Sec. 29.  1.  The Legislature hereby approves, confirms and ratifies the regulations adopted by the Committee on Local Government Finance pursuant to NRS 361.4733 before the effective date of this section.

      2.  The Committee on Local Government Finance shall adopt the regulations required pursuant to the amendatory provisions of section 23 of this act not later than December 31, 2007.

      Sec. 30.  1.  This section and sections 27 and 29 of this act become effective upon passage and approval.

      2.  Sections 1 to 13, inclusive, 15, 19 to 23, inclusive, 25 and 26 of this act become effective on July 1, 2007.

      3.  Sections 15 and 23 of this act expire by limitation on December 31, 2007.

      4.  Sections 14, 16, 17, 18, 24 and 28 of this act become effective on January 1, 2008.

________

 


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ê2007 Statutes of Nevada, Page 1900ê

 

CHAPTER 416, SB 455

Senate Bill No. 455–Committee on Finance

 

CHAPTER 416

 

AN ACT relating to the Nevada System of Higher Education; authorizing the Board of Regents of the University of Nevada to delegate certain of its authority with respect to the issuance of certain obligations; authorizing the Board of Regents to issue revenue bonds to finance the construction of student housing and parking facilities at Nevada State College; increasing the total authorized amount of revenue bonds that the Board of Regents may issue for certain projects and facilities within the System; expanding the authorized scope of certain such projects; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Board of Regents of the University of Nevada is authorized to delegate to the Chancellor of the Nevada System of Higher Education or the Vice Chancellor for Finance of the System its authority to sign a contract for the purchase of securities issued under the University Securities Law or to accept a binding bid for such securities. (NRS 396.8455) Section 1 of this bill provides a similar authorization for other obligations issued by the System which are not subject to the University Securities Law.

      Under existing law, the Board of Regents of the University of Nevada is authorized to borrow money to finance construction of campus facilities by issuing revenue bonds and other securities. (NRS 396.845) This debt is not a general obligation of the State and is not repaid by legislative appropriations. (NRS 396.839, 396.843) Instead, the Board of Regents pledges to retire the debt using revenue earned from certain fees paid by students and from various campus operations, such as dormitories and food service. (NRS 396.828, 396.829, 396.839, 396.8395) Sections 1.5-9 of this bill authorize the Board of Regents to issue revenue bonds in a total principal amount not exceeding $15 million to finance student housing at Nevada State College and in a total principal amount not exceeding $5 million to finance parking facilities at Nevada State College.

      Under existing law, the Board of Regents of the University of Nevada, pursuant to section 5 of chapter 501, Statutes of Nevada 1991, as last amended by chapter 297, Statutes of Nevada 2005, at page 1029, is authorized to issue $276,855,000 of revenue bonds for facilities at the University of Nevada, Reno, and $339,055,000 of revenue bonds for facilities at the University of Nevada, Las Vegas. Section 10 of this bill increases the amount of such bonding authority for facilities at the Reno campus to $312,695,000 and for facilities at the Las Vegas campus to $422,155,000.

      Under existing law, the Board of Regents of the University of Nevada, pursuant to section 5 of chapter 297, Statutes of Nevada 2005, at page 1028, is authorized to issue $20,000,000 of revenue bonds for parking facilities at the Community College of Southern Nevada and $10,000,000 of revenue bonds for a residence hall at Western Nevada Community College. Section 12 of this bill increases the amount of such bonding authority for the Southern Nevada campus to $45,000,000 and for the Western Nevada campus to $20,000,000. Section 11 of this bill expands the authorized uses of the revenue bonds at the Southern Nevada campus to include facilities other than parking facilities.

 


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ê2007 Statutes of Nevada, Page 1901 (Chapter 416, SB 455)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before the sale or delivery by the System of an obligation to repay money in any form, other than an obligation issued under the University Securities Law, the Board of Regents may delegate to the Chancellor of the System or the Vice Chancellor for Finance of the System the authority to sign a contract for the sale or exchange of the obligation or to accept a binding bid for the obligation subject to the requirements specified by the Board of Regents concerning:

      (a) The rate or rates of interest on the obligation;

      (b) The dates on which and the prices at which the obligation may be prepaid before maturity;

      (c) The price at which the obligation will be sold or the property for which the obligation will be exchanged;

      (d) The principal amount of the obligation and the amount of principal and interest due on any specific dates; and

      (e) Covenants to protect the owner of the obligation and the System that the Chancellor or the Vice Chancellor for Finance determines are necessary or desirable to obtain favorable terms for the System. A determination made pursuant to this paragraph, absent fraud or gross abuse of discretion, is conclusive.

      2.  All terms of the obligation other than:

      (a) The rate or rates of interest;

      (b) The dates and prices for the prepayment of the obligation;

      (c) The price for the sale of the obligation or property for which it will be exchanged;

      (d) The principal amount of the obligation;

      (e) The requirements for the payment of principal and interest on specific dates; and

      (f) Covenants to protect the owner of the obligation and the System that the Chancellor or the Vice Chancellor for Finance determines are necessary or desirable to obtain favorable terms for the System as provided in paragraph (e) of subsection 1,

Ê must be approved by the Board of Regents before the obligation is delivered.

      3.  The final rate or rates of interest, dates and prices of prepayments, price for the sale of the obligation or property for which it is exchanged, principal amount, requirements for payment of principal and interest on specific dates, and covenants as described in paragraph (e) of subsection 1, are not required to be approved by the Board of Regents if each of those terms complies with the requirements specified by the Board of Regents before the contract for the purchase or delivery of the obligation is signed or the bid for the obligation is accepted.

      4.  The proceeds of any money borrowed pursuant to this section may be invested as provided in NRS 396.861 and 396.8615.

      Sec. 1.5.  1.  Except as otherwise provided in sections 2 to 9, inclusive, of this act, terms used or referred to in sections 1.5 to 9, inclusive, of this act have the meanings ascribed to them in the University Securities Law.

 


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ê2007 Statutes of Nevada, Page 1902 (Chapter 416, SB 455)ê

 

      2.  As used in sections 1.5 to 9, inclusive, of this act, unless the context otherwise requires, the terms defined in sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 2.  “Net pledged revenues” means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as otherwise provided in the definition of “pledged revenues.”

      Sec. 3.  1.  “Pledged revenues” means, in connection with securities issued pursuant to sections 1.5 to 9, inclusive, of this act to finance in part the project designated in section 4 of this act:

      (a) The gross revenues derived from or otherwise pertaining to the operation of any one, all or any combination of facilities enumerated in NRS 396.828 and situated on the campus of Nevada State College, including, without limitation, the project, which revenues the Board, by the resolution authorizing the securities issued pursuant to sections 1.5 to 9, inclusive, of this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to those pledged revenues; and

      (b) The gross revenues derived from the imposition and collection of the fees designated in NRS 396.8395, payable by the students attending Nevada State College, subject to the limitation provided in subsection 5 of NRS 396.840.

      2.  “Pledged revenues” includes, in connection with students attending Nevada State College, any fees of students authorized by law after the effective date of this act, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of Nevada State College, the Board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in sections 1.5 to 9, inclusive, of this act and any other securities payable therefrom are extended after the effective date of this act.

      3.  “Pledged revenues” indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.

      Sec. 4.  1.  “Project” means the construction, acquisition, rehabilitation or improvement, or any combination thereof, of:

      (a) Student housing at Nevada State College; and

      (b) Parking facilities at Nevada State College.

      2.  The term includes any land, equipment and furnishings required therefor, and other appurtenances relating thereto.

      Sec. 5.  1.  The Board, on behalf and in the name of the University, is authorized by sections 1.5 to 9, inclusive, of this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the University in a total principal amount not exceeding $15,000,000 for student housing at Nevada State College and in a total principal amount not exceeding $5,000,000 for parking facilities at Nevada State College, except that if the Board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the Board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.

 


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ê2007 Statutes of Nevada, Page 1903 (Chapter 416, SB 455)ê

 

      (b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 15 years after the effective date of this act, as the Board determines, and consisting of special obligations of the University payable from the net pledged revenues authorized by sections 1.5 to 9, inclusive, of this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, without limitation, proceeds of securities authorized by sections 1.5 to 9, inclusive, of this act.

      (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by sections 1.5 to 9, inclusive, of this act, except as otherwise expressly provided in those sections.

      2.  Sections 1.5 to 9, inclusive, of this act do not prevent the Board from funding, refunding or reissuing any securities of the University or the Board at any time as provided in the University Securities Law.

      Sec. 6.  Bonds and other securities authorized by sections 1.5 to 9, inclusive, of this act are subject to no limitations upon their rate of interest or the rate of discount at which they may be sold, including the limitations set forth in subsection 2 of NRS 396.850 and in paragraph (d) of subsection 1 of NRS 396.852, except that the rate of interest on any of those bonds or other securities must not exceed by more than 5 percent the Index of Revenue Bonds most recently published before bids are received or a negotiated offer is accepted.

      Sec. 7.  The powers conferred by sections 1.5 to 9, inclusive, of this act are in addition to and supplemental to, and the limitations imposed by sections 1.5 to 9, inclusive, of this act do not affect, the powers conferred by any other law, general or special. Securities may be issued under sections 1.5 to 9, inclusive, of this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of sections 1.5 to 9, inclusive, of this act are inconsistent with the provisions of any other law, general or special, the provisions of sections 1.5 to 9, inclusive, of this act control.

      Sec. 8.  The Legislature intends that sections 1.5 to 9, inclusive, of this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect their purposes.

      Sec. 9.  If any provision of sections 1.5 to 9, inclusive, of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of sections 1.5 to 9, inclusive, of this act that can be given effect without the invalid provisions or application, and to this end the provisions of sections 1.5 to 9, inclusive, of this act are declared to be severable.

      Sec. 10.  Section 5 of chapter 501, Statutes of Nevada 1991, as last amended by chapter 297, Statutes of Nevada 2005, at page 1029, is hereby amended to read as follows:

      Sec. 5.  1.  The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

 


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ê2007 Statutes of Nevada, Page 1904 (Chapter 416, SB 455)ê

 

      (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$276,855,000] $312,695,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding [$339,055,000] $422,155,000 for facilities at the University of Nevada, Las Vegas, $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school;

      (b) To issue such bonds and other securities in connection with the project in one series or more at any time or from time to time within 18 years after the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and

      (d) To exercise the incidental powers provided in [this] the University Securities Law in connection with the powers authorized by this act , except as otherwise expressly provided in this act.

      2.  If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.

      3.  This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

      Sec. 11.  Section 4 of chapter 297, Statutes of Nevada 2005, at page 1028, is hereby amended to read as follows:

      Sec. 4.  1.  “Project” means the construction, acquisition, rehabilitation or improvement, or any combination thereof, of:

      (a) [Parking facilities] Student service facilities, classrooms and parking at the Community College of Southern Nevada; and

      (b) A residence hall at Western Nevada Community College.

      2.  The term includes any land, equipment and furnishings required therefor, and other appurtenances relating thereto.

      Sec. 12.  Section 5 of chapter 297, Statutes of Nevada 2005, at page 1028, is hereby amended to read as follows:

      Sec. 5.  1.  The Board, on behalf and in the name of the University, is authorized by sections 1 to 9, inclusive, of this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the University in a total principal amount not exceeding [$20,000,000 for parking] $45,000,000 for student service facilities , classrooms and parking at the Community College of Southern Nevada and in a total principal amount not exceeding [$10,000,000] $20,000,000 for a residence hall at Western Nevada Community College, except that if the Board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the Board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.

 


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ê2007 Statutes of Nevada, Page 1905 (Chapter 416, SB 455)ê

 

other securities the Board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.

      (b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 15 years after the effective date of this act, as the Board determines, and consisting of special obligations of the University payable from the net pledged revenues authorized by sections 1 to 9, inclusive, of this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, without limitation, proceeds of securities authorized by sections 1 to 9, inclusive, of this act.

      (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by sections 1 to 9, inclusive, of this act , except as otherwise expressly provided in those sections.

      2.  Sections 1 to 9, inclusive, of this act do not prevent the Board from funding, refunding or reissuing any securities of the University or the Board at any time as provided in the University Securities Law.

      Sec. 13.  This act becomes effective upon passage and approval.

________

 

CHAPTER 417, SB 422

Senate Bill No. 422–Senator Titus

 

CHAPTER 417

 

AN ACT relating to pollution; requiring the State Environmental Commission to mandate the reporting of all greenhouse gases emitted by each affected unit in this State for inclusion in a registry of greenhouse gas emissions; requiring the State Department of Conservation and Natural Resources to issue a statewide inventory of greenhouse gases released in this State; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Environmental Commission may adopt certain regulations to prevent, abate and control air pollution and establish standards for air quality. (NRS 445B.210)

      Section 5 of this bill requires the Commission to mandate the reporting of greenhouse gases emitted by certain generators of electricity in this State for inclusion in a registry of greenhouse gas emissions and to establish the requirements for participation in the registry. Section 4 of this bill defines a “greenhouse gas” to mean carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons and sulphur hexafluoride. Section 5 authorizes the Commission to prescribe the requirements and procedures for reporting the emissions of greenhouse gases that must be included in the registry, methods for determining the greenhouse gases that must be reported and methods for independently verifying the information that is reported.

 


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ê2007 Statutes of Nevada, Page 1906 (Chapter 417, SB 422)ê

 

must be included in the registry, methods for determining the greenhouse gases that must be reported and methods for independently verifying the information that is reported. The Commission may establish the reporting period, but the period must not exceed 1 year.

      Section 6.5 of this bill requires the State Department of Conservation and Natural Resources to issue, at least every 4 years, a statewide inventory of greenhouse gases released in this State. The inventory must include the origins, types and amounts of the greenhouse gases, together with the Department’s analysis of those gases, and must be supported with documentation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.

      Secs. 2 and 3.  (Deleted by amendment.)

      Sec. 4.  “Greenhouse gas” means any of the following gases, either alone or in combination:

      1.  Carbon dioxide (CO2);

      2.  Hydrofluorocarbons;

      3.  Methane (CH4);

      4.  Nitrous oxide (N2O);

      5.  Perfluorocarbons; and

      6.  Sulphur hexafluoride (SF6).

      Sec. 5.  1.  In addition to any regulation adopted pursuant to NRS 445B.210 to prevent, abate and control air pollution, the Commission shall, by regulation:

      (a) Mandate the reporting of all greenhouse gases emitted by each affected unit in this State for inclusion in a registry of greenhouse gas emissions; and

      (b) Except as otherwise provided in subsection 3, establish the requirements for participation in the registry.

      2.  The regulations may include, without limitation, provisions setting forth:

      (a) The requirements and procedures for reporting emissions of greenhouse gases;

      (b) Methods for determining the emissions of greenhouse gases that must be reported for inclusion in the registry;

      (c) Methods for independently verifying the information reported for inclusion in the registry; and

      (d) The reporting period, except that the period must not exceed 1 year.

      3.  The requirements for participation in the registry established pursuant to paragraph (b) of subsection 1 must not prohibit a person who does not own or operate an affected unit from voluntarily participating in the registry.

      4.  As used in this section:

      (a) “Affected unit” means a unit for the generation of electricity that:

             (1) Has a maximum design output capacity of not less than 5 megawatts;

             (2) Emits a greenhouse gas; and

             (3) Generates electricity for sale.

Ê The term does not include a unit that uses renewable energy, as defined in NRS 704.7811, to generate electricity.

 


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ê2007 Statutes of Nevada, Page 1907 (Chapter 417, SB 422)ê

 

      (b) “Registry of greenhouse gas emissions” or “registry” means a repository or ongoing account of verified greenhouse gas emissions.

      Sec. 6.  (Deleted by amendment.)

      Sec. 6.5.  1.  The Department shall, not later than December 31, 2008, and at least every 4 years thereafter, issue a statewide inventory of greenhouse gases released in this State.

      2.  The inventory must include, without limitation:

      (a) The origins, types and amounts of those greenhouse gases;

      (b) The Department’s analysis of the information set forth in paragraph (a); and

      (c) Documentation for the information set forth in paragraphs (a) and (b).

      Sec. 7.  NRS 445B.105 is hereby amended to read as follows:

      445B.105  As used in NRS 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.110 to 445B.155, inclusive, and section 4 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 445B.210 is hereby amended to read as follows:

      445B.210  The Commission may:

      1.  Subject to the provisions of NRS 445B.215, adopt regulations consistent with the general intent and purposes of NRS 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act to prevent, abate and control air pollution.

      2.  Establish standards for air quality.

      3.  Require access to records relating to emissions which cause or contribute to air pollution.

      4.  Cooperate with other governmental agencies, including other states and the Federal Government.

      5.  Establish such requirements for the control of emissions as may be necessary to prevent, abate or control air pollution.

      6.  By regulation:

      (a) Designate as a hazardous air pollutant any substance which, on or after October 1, 1993, is on the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b); and

      (b) Delete from designation as a hazardous air pollutant any substance which, after October 1, 1993, is deleted from the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b),

Ê based upon the Commission’s determination of the extent to which such a substance presents a risk to the public health.

      7.  Hold hearings to carry out the provisions of NRS 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, except as otherwise provided in those sections.

      8.  Establish fuel standards for both stationary and mobile sources of air contaminants. Fuel standards for mobile sources of air contaminants must be established to achieve air quality standards that protect the health of the residents of the State of Nevada.

      9.  Require elimination of devices or practices which cannot be reasonably allowed without generation of undue amounts of air contaminants.

 


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ê2007 Statutes of Nevada, Page 1908 (Chapter 417, SB 422)ê

 

      Sec. 9.  NRS 445B.220 is hereby amended to read as follows:

      445B.220  In carrying out the purposes of NRS 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, the Commission, in addition to any other action which may be necessary or appropriate to carry out [such] those purposes, may:

      1.  Cooperate with appropriate federal officers and agencies of the Federal Government, other states, interstate agencies, local governmental agencies and other interested parties in all matters relating to air pollution control in preventing or controlling the pollution of the air in any area.

      2.  Recommend measures for control of air pollution originating in this State.

      Sec. 10.  NRS 445B.230 is hereby amended to read as follows:

      445B.230  The Department shall:

      1.  Make such determinations and issue such orders as may be necessary to implement the purposes of NRS 445B.100 to 445B.640, inclusive [.] , and sections 2 to 6.5, inclusive, of this act.

      2.  Apply for and receive grants or other funds or gifts from public or private agencies.

      3.  Cooperate and contract with other governmental agencies, including other states and the Federal Government.

      4.  Conduct investigations, research and technical studies consistent with the general purposes of NRS 445B.100 to 445B.640, inclusive [.] , and sections 2 to 6.5, inclusive, of this act.

      5.  Prohibit as specifically provided in NRS 445B.300 and 445B.320 and as generally provided in NRS 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act the installation, alteration or establishment of any equipment, device or other article capable of causing air pollution.

      6.  Require the submission of such preliminary plans and specifications and other information as it deems necessary to process permits.

      7.  Enter into and inspect at any reasonable time any premises containing an air contaminant source or a source under construction for purposes of ascertaining compliance with NRS 445B.100 to 445B.640, inclusive [.] , and sections 2 to 6.5, inclusive, of this act.

      8.  Specify the manner in which incinerators may be constructed and operated.

      9.  Institute proceedings to prevent continued violation of any order issued by the Director and to enforce the provisions of NRS 445B.100 to 445B.640, inclusive [.] , and sections 2 to 6.5, inclusive, of this act.

      10.  Require access to records relating to emissions which cause or contribute to air pollution.

      11.  Take such action in accordance with the rules, regulations and orders promulgated by the Commission as may be necessary to prevent, abate and control air pollution.

      Secs. 11-13.  (Deleted by amendment.)

      Sec. 14.  NRS 445B.590 is hereby amended to read as follows:

      445B.590  1.  The Account for the Management of Air Quality is hereby created in the State General Fund, to be administered by the Department.

      2.  Money in the Account for the Management of Air Quality must be expended only:

 


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ê2007 Statutes of Nevada, Page 1909 (Chapter 417, SB 422)ê

 

      (a) To carry out and enforce the provisions of NRS 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act and of any regulations adopted pursuant to those sections, including, without limitation, the direct and indirect costs of:

             (1) Preparing regulations and recommendations for legislation regarding those provisions;

             (2) Furnishing guidance for compliance with those provisions;

             (3) Reviewing and acting upon applications for operating permits;

             (4) Administering and enforcing the terms and conditions of operating permits;

             (5) Monitoring emissions and the quality of the ambient air;

             (6) Preparing inventories and tracking emissions;

             (7) Performing modeling, analyses and demonstrations; and

             (8) Establishing and administering a program for the provision of assistance, pursuant to 42 U.S.C. § 7661f, to small businesses operating stationary sources; and

      (b) In any other manner required as a condition to the receipt of federal money for the purposes of NRS 445B.100 to 445B.640, inclusive [.] , and sections 2 to 6.5, inclusive, of this act.

      3.  All interest earned on the money in the Account for the Management of Air Quality must be credited to the Account. Claims against the Account for the Management of Air Quality must be paid as other claims against the State are paid.

      Sec. 15.  NRS 445B.600 is hereby amended to read as follows:

      445B.600  NRS 445B.100 to 445B.595, inclusive, and sections 2 to 6.5, inclusive, of this act does not abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor in the courts of this State or the courts of the United States on a tort claim against the United States or a federal agency as authorized by federal statutes.

      Sec. 16.  NRS 445B.610 is hereby amended to read as follows:

      445B.610  1.  All rules, regulations and standards promulgated by the State Commission of Environmental Protection pertaining to air pollution control in force on July 1, 1973, [shall] remain in effect until such time as revised by the State Environmental Commission pursuant to NRS 445B.100 to 445B.640, inclusive [.] , and sections 2 to 6.5, inclusive, of this act.

      2.  Any and all action taken by the State Commission of Environmental Protection, including but not limited to existing orders, notices of violation, variances, permits, cease and desist orders and compliance schedules, shall remain in full force and effect and binding upon the State Environmental Commission, the Director, the Department and all persons to whom such action may apply on or after July 1, 1973.

      3.  In the event that a local air pollution control program described in NRS 445B.500 is transferred in whole or in part from an existing air pollution control agency to another agency, all rules and regulations adopted by the existing agency may be readopted as amended to reflect the transfer of authorities by the new agency immediately upon such transfer, and the provisions of NRS 445B.215 [shall] do not apply to such readoption.

      4.  If a transfer of local authority as described in subsection 3 occurs, all orders, notices of violation, variances, cease and desist orders, compliance schedules and other legal action taken by the existing air pollution control board, control officer [,] or hearing board [shall] remain in full force and effect, and [shall] must not be invalidated by reason of such transfer.

 


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ê2007 Statutes of Nevada, Page 1910 (Chapter 417, SB 422)ê

 

board, control officer [,] or hearing board [shall] remain in full force and effect, and [shall] must not be invalidated by reason of such transfer.

      Sec. 17.  NRS 445B.640 is hereby amended to read as follows:

      445B.640  1.  Except as otherwise provided in subsection 4 and NRS 445C.010 to 445C.120, inclusive, any person who violates any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, or any regulation in force pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $10,000 per day per offense. Each day of violation constitutes a separate offense.

      2.  The Commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, or any regulation in force pursuant thereto.

      3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act by injunction or other appropriate remedy, and the Commission or the Director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      4.  Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.

      5.  All administrative fines collected by the Commission pursuant to this section must be deposited in the county school district fund of the county where the violation occurred.

      Sec. 18.  NRS 445C.030 is hereby amended to read as follows:

      445C.030  “Environmental requirement” means a requirement contained in NRS 444.440 to 444.645, inclusive, 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, 459.400 to 459.600, inclusive, 459.700 to 459.856, inclusive, or 519A.010 to 519A.280, inclusive, or in a regulation adopted pursuant to any of those [statutes.] sections.

      Sec. 19.  NRS 459.460 is hereby amended to read as follows:

      459.460  1.  NRS 459.400 to 459.600, inclusive, do not apply to any activity or substance which is subject to control pursuant to NRS 445A.300 to 445A.955, inclusive, and 459.010 to 459.290, inclusive, except to the extent that they can be applied in a manner which is not inconsistent with those sections.

      2.  The Director shall administer NRS 459.400 to 459.600, inclusive, in a manner which avoids duplication of the provisions of NRS 445A.300 to 445A.955, inclusive, and 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, and the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

      Sec. 20.  NRS 459.930 is hereby amended to read as follows:

      459.930  1.  Notwithstanding any other provision of law to the contrary and regardless of whether he is a participant in a program, a person who:

 


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ê2007 Statutes of Nevada, Page 1911 (Chapter 417, SB 422)ê

 

      (a) Is a bona fide prospective purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, 459.400 to 459.600, inclusive, or any other applicable provision of law.

      (b) Is an innocent purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, and sections 2 to 6.5, inclusive, of this act, 459.400 to 459.600, inclusive, or any other applicable provision of law.

      (c) Owns real property that:

             (1) Is contiguous to or otherwise similarly situated with respect to; and

             (2) Is or may be contaminated by a release or threatened release of a hazardous substance from,

Ê other real property that the person does not own, is not liable for any response action or cleanup that may be required with respect to the release or threatened release, provided that the person meets the requirements set forth in section 107(q)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(q)(1).

      2.  A person described in paragraph (a), (b) or (c) of subsection 1 shall report to the Division, in a manner prescribed by the Commission:

      (a) Any of the following substances that are found on or at real property owned by the person:

             (1) Hazardous substances at or above the required reporting levels designated pursuant to sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9602 and 9603; and

             (2) Petroleum products of such type and in such amount as are required by the Division to be reported; and

      (b) Any response action or cleanup that has been performed with respect to the real property described in paragraph (a).

      3.  The provisions of this section do not otherwise limit the authority of the Administrator, the Commission or the Division to require any person who is responsible for the contamination or pollution of real property, by improperly managing hazardous substances at or on that real property, to perform a response action or cleanup with respect to that real property.

      4.  If there are costs relating to a response action or cleanup that are incurred and unrecovered by the State of Nevada with respect to real property for which a bona fide prospective purchaser of the real property is not liable pursuant to the provisions of this section, the State of Nevada:

      (a) Has a lien against that real property in an amount not to exceed the increase in the fair market value of the real property that is attributable to the response action or cleanup, which increase in fair market value must be measured at the time of the sale or other disposition of the real property; or

      (b) May, with respect to those incurred and unrecovered costs and by agreement with the bona fide prospective purchaser of the real property, obtain from that bona fide prospective purchaser:

             (1) A lien on any other real property owned by the bona fide prospective purchaser; or

             (2) Another form of assurance or payment that is satisfactory to the Administrator.

 


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ê2007 Statutes of Nevada, Page 1912 (Chapter 417, SB 422)ê

 

      5.  The provisions of this section:

      (a) Do not affect the liability in tort of any party; and

      (b) Apply only to real property that is acquired on or after the date that is 60 days after May 26, 2003.

      6.  As used in this section:

      (a) “Administrator” means the Administrator of the Division.

      (b) “Bona fide prospective purchaser” has the meaning ascribed to it in section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(40).

      (c) “Commission” means the State Environmental Commission.

      (d) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (e) “Hazardous substance” has the meaning ascribed to it in NRS 459.620.

      (f) “Innocent purchaser” means a person who qualifies for the exemption from liability set forth in section 107(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(b)(3).

      (g) “Participant” has the meaning ascribed to it in NRS 459.622.

      (h) “Program” means a program of voluntary cleanup and relief from liability set forth in NRS 459.610 to 459.658, inclusive.

      (i) “Response action” means any action to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident involving a hazardous substance, including, without limitation, any action to:

             (1) Contain and dispose of the hazardous substance;

             (2) Clean and decontaminate the area affected by the leak, spill or accident; or

             (3) Investigate the occurrence of the leak, spill or accident.

      Sec. 21.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 1913ê

 

CHAPTER 418, SB 354

Senate Bill No. 354–Senator Horsford

 

Joint Sponsor: Assemblywoman Kirkpatrick

 

CHAPTER 418

 

AN ACT relating to the safety of children; prohibiting the possession of certain firearms on the property of or in a vehicle of child care facilities; revising the definition of “firearm”; requiring children who are taken into custody for possession of a firearm while on school property to submit to an evaluation by a qualified professional and a drug test; revising provisions concerning certain sex offenders who are on lifetime supervision or released on parole, probation or a suspended sentence; revising the jurisdiction of school police officers under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises the definition of “firearm” for the purposes of the provision prohibiting the unlawful possession of a firearm while on school property. (NRS 202.265) Section 1 further makes the provisions prohibiting a person from carrying or possessing certain firearms while on school grounds or in a vehicle of a school applicable to child care facilities that are licensed pursuant to chapter 432A of NRS. However, if the child care facility is located at or in the home of a natural person, those provisions do not apply to the owner or operator of the facility who resides in the home if he complies with all laws concerning possession of the weapon. In addition, the prohibition only applies with respect to such a facility during the normal hours of business. Existing law allows a juvenile court to decide whether to order a child who is taken into custody for certain unlawful acts involving firearms to submit to an evaluation by a qualified professional. (NRS 62C.060) Section 3 of this bill requires a juvenile court to order a child who is taken into custody for possession of a firearm on school property or at a child care facility to submit to an evaluation by a qualified professional and a drug test.

      Existing law sets forth certain conditions to be imposed on sex offenders on lifetime supervision or released on parole, probation or a suspended sentence. (NRS 176A.410, 213.1243, 213.1245, 213.1255) Sections 4-6 of this bill prohibit such sex offenders from establishing residences in a facility that houses more than three persons who have been released from prison unless the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

      Existing law gives school police officers the powers of a peace officer and establishes the jurisdiction of such officers. (NRS 391.275) Section 8.5 of this bill expands the jurisdiction of school police officers in certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.265 is hereby amended to read as follows:

      202.265  1.  Except as otherwise provided in this section, a person shall not carry or possess [,] while on the property of the Nevada System of Higher Education , [or] a private or public school or child care facility, or while in a vehicle of a private or public school [:] or child care facility:

      (a) An explosive or incendiary device;

      (b) A dirk, dagger or switchblade knife;

 


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ê2007 Statutes of Nevada, Page 1914 (Chapter 418, SB 354)ê

 

      (c) A nunchaku or trefoil;

      (d) A blackjack or billy club or metal knuckles; [or]

      (e) A pistol, revolver or other firearm [.] ; or

      (f) Any device used to mark any part of a person with paint or any other substance.

      2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

      3.  This section does not prohibit the possession of a weapon listed in subsection 1 on the property of [a] :

      (a) A private or public school or child care facility by a:

      [(a)] (1) Peace officer;

      [(b)] (2) School security guard; or

      [(c)] (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.

      (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.

      4.  The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.

      [4.] 5.  For the purposes of this section:

      (a) “Childcare facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.

      (b) “Firearm” includes [:

             (1) Any device used to mark the clothing of a person with paint or any other substance; and

             (2) Any] any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

      [(b)] (c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

      [(c)] (d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

      [(d)] (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.

      [(e)] (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484.148.

      Sec. 2.  NRS 202.3673 is hereby amended to read as follows:

      202.3673  1.  Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.

      2.  A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.

      3.  A permittee shall not carry a concealed firearm while he is on the premises of:

      (a) A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to subparagraph (3) of paragraph [(c)] (a) of subsection 3 of NRS 202.265.

 


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ê2007 Statutes of Nevada, Page 1915 (Chapter 418, SB 354)ê

 

      (b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.

      4.  The provisions of paragraph (b) of subsection 3 do not prohibit:

      (a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

      (b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he is on the premises of a public building.

      (c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.

      (d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

      5.  A person who violates subsection 2 or 3 is guilty of a misdemeanor.

      6.  As used in this section [, “public] :

      (a) “Childcare facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.

      (b) “Public building” means any building or office space occupied by:

      [(a)] (1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or

      [(b)] (2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

Ê If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

      Sec. 3.  NRS 62C.060 is hereby amended to read as follows:

      62C.060  1.  If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an unlawful act that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.

      2.  If a child is taken into custody for an unlawful act described in this section, the child must not be released before a detention hearing is held pursuant to NRS 62C.040.

      3.  At the detention hearing, the juvenile court shall , if the child was taken into custody for:

      (a) Carrying or possessing a firearm while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility, order the child to:

             (1) Be evaluated by a qualified professional; and

             (2) Submit to a test to determine whether the child is using any controlled substance.

 


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      (b) Committing an unlawful act involving a firearm other than the act described in paragraph (a), determine whether to order the child to be evaluated by a qualified professional.

      4.  If the juvenile court orders the child to be evaluated by a qualified professional [,] or to submit to a test to determine whether the child is using any controlled substance, the evaluation or the results from the test must be completed not later than 14 days after the detention hearing. Until the evaluation or the test is completed, the child must be:

      (a) Detained at a facility for the detention of children; or

      (b) Placed under a program of supervision in the home of the child that may include electronic surveillance of the child.

      5.  If a child is evaluated by a qualified professional pursuant to this section, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation.

      6.  As used in this section, “child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.

      Sec. 4.  NRS 176A.410 is hereby amended to read as follows:

      176A.410  1.  Except as otherwise provided in subsection 3, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:

      (a) Submit to a search and seizure of his person, residence or vehicle or any property under his control, at any time of the day or night, without a warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime . [;]

      (b) Reside at a location only if [it] :

             (1) The residence has been approved by the parole and probation officer assigned to the defendant . [and keep]

             (2) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

             (3) The defendant keeps the parole and probation officer informed of his current address . [;]

      (c) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer . [;]

      (d) Abide by any curfew imposed by the parole and probation officer assigned to the defendant . [;]

      (e) Participate in and complete a program of professional counseling approved by the Division . [;]

 


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      (f) Submit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance . [;]

      (g) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant . [;]

      (h) Abstain from consuming, possessing or having under his control any alcohol . [;]

      (i) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the parole and probation officer assigned to the defendant, and a written agreement is entered into and signed in the manner set forth in subsection 2 . [;]

      (j) Not use aliases or fictitious names . [;]

      (k) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant . [;]

      (l) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact . [;]

      (m) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not be in or near:

             (1) A playground, park, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend . [;]

      (n) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication . [;]

      (o) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant . [;]

      (p) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant . [;]

      (q) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant . [; and]

      (r) Inform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  A written agreement entered into pursuant to paragraph (i) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

 


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      (a) The victim or the witness;

      (b) The defendant;

      (c) The parole and probation officer assigned to the defendant;

      (d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      3.  The court is not required to impose a condition of probation or suspension of sentence listed in subsection 1 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      4.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.410.

      Sec. 5.  NRS 213.1243 is hereby amended to read as follows:

      213.1243  1.  The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

      2.  Lifetime supervision shall be deemed a form of parole for:

      (a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and

      (b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.

      3.  Except as otherwise provided in subsection 4, the Board shall require as a condition of lifetime supervision that the sex offender reside at a location only if:

      (a) The residence has been approved by the parole and probation officer assigned to the person.

      (b) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

      (c) The person keeps the parole and probation officer informed of his current address.

      4.  The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsection 3 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      5.  A person who commits a violation of a condition imposed on him pursuant to the program of lifetime supervision is guilty of:

      (a) If the violation constitutes a minor violation, a misdemeanor.

      (b) If the violation constitutes a major violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      [4.] 6.  For the purposes of prosecution of a violation by a person of a condition imposed upon him pursuant to the program of lifetime supervision, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, within or outside that county or within or outside this State.

 


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ê2007 Statutes of Nevada, Page 1919 (Chapter 418, SB 354)ê

 

lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, within or outside that county or within or outside this State.

      [5.] 7.  As used in this section:

      (a) “Major violation” means a violation which poses a threat to the safety or well-being of others and which involves:

             (1) The commission of any crime that is punishable as a gross misdemeanor or felony or any crime that involves a victim who is less than 18 years of age;

             (2) The use of a deadly weapon, explosives or a firearm;

             (3) The use or threatened use of force or violence against a person;

             (4) Death or bodily injury of a person;

             (5) An act of domestic violence;

             (6) Harassment, stalking or threats of any kind; or

             (7) The forcible or unlawful entry of a home, building, structure or vehicle in which a person is present.

      (b) “Minor violation” means a violation that does not constitute a major violation.

      Sec. 6.  NRS 213.1245 is hereby amended to read as follows:

      213.1245  1.  Except as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of an offense listed in NRS 179D.620, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

      (a) Reside at a location only if [it] :

             (1) The residence has been approved by the parole and probation officer assigned to the parolee . [and keep]

             (2) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

             (3) The parolee keeps the parole and probation officer informed of his current address . [;]

      (b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer . [;]

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee . [;]

      (d) Participate in and complete a program of professional counseling approved by the Division . [;]

      (e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance . [;]

      (f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee . [;]

      (g) Abstain from consuming, possessing or having under his control any alcohol . [;]

      (h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2 . [;]

 


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      (i) Not use aliases or fictitious names . [;]

      (j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee . [;]

      (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.410 is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact . [;]

      (l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not be in or near:

             (1) A playground, park, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend . [;]

      (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication . [;]

      (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee . [;]

      (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee . [;]

      (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee . [; and]

      (q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The parolee;

      (c) The parole and probation officer assigned to the parolee;

      (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      3.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      Secs. 7 and 8.  (Deleted by amendment.)

 


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ê2007 Statutes of Nevada, Page 1921 (Chapter 418, SB 354)ê

 

      Sec. 8.5.  NRS 391.275 is hereby amended to read as follows:

      391.275  1.  The jurisdiction of each school police officer of a school district extends to all school property, buildings and facilities within the school district [,] for the purpose of:

      [1.] (a) Protecting school district personnel, pupils, or real or personal property; or

      [2.] (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.

      2.  In addition to the jurisdiction set forth in subsection 1, a school police officer of a school district has jurisdiction:

      (a) Beyond the school property, buildings and facilities when in hot pursuit of a person believed to have committed a crime;

      (b) At activities or events sponsored by the school district that are in a location other than the property, buildings or facilities within the school district; and

      (c) When authorized by the superintendent of schools of the school district, on the streets that are adjacent to the school property, buildings and facilities within the school district for the purpose of issuing traffic citations for violations of traffic laws and ordinances during the times that the school is in session or school-related activities are in progress.

      Sec. 9.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Health Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

 


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ê2007 Statutes of Nevada, Page 1922 (Chapter 418, SB 354)ê

 

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  The Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Health Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Except as otherwise provided in subsection 8, contain toilet facilities;

             (2) Contain a sleeping area or bedroom; and

             (3) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

 


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ê2007 Statutes of Nevada, Page 1923 (Chapter 418, SB 354)ê

 

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and his personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Health Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling, if the Health Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

             (1) Cause substantial detriment to the health or welfare of any resident of the facility;

             (2) Result in more than two residents sharing a toilet facility; or

             (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

 


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      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

      Sec. 10.  The amendatory provisions of:

      1.  Section 4 of this act apply to any person who is granted probation or a suspension of sentence before, on or after October 1, 2007;

      2.  Section 5 of this act apply to any person placed under a program of lifetime supervision before, on or after October 1, 2007; and

      3.  Sections 6 and 7 of this act apply to any person released on parole before, on or after October 1, 2007.

________

 

CHAPTER 419, SB 329

Senate Bill No. 329–Senators Townsend and Titus

 

CHAPTER 419

 

AN ACT relating to animals; prohibiting a person from allowing a cat or dog to remain unattended in a parked or standing motor vehicle in a manner that endangers the health or safety of the cat or dog; providing certain exceptions; authorizing a peace officer to use force to remove a cat or dog from a motor vehicle under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a person is prohibited from instigating, engaging in or in any way furthering an act of cruelty to an animal. (NRS 574.100) Such an act includes, without limitation, unjustifiably injuring or maiming an animal or carrying an animal in a vehicle in a cruel or inhuman manner. (NRS 574.100, 574.190)

      Section 2 of this bill makes it a misdemeanor for a person to allow a cat or dog to remain unattended in a parked or standing car during a period of extreme heat or cold or in any other manner that endangers the health or safety of the cat or dog. Section 2 authorizes a peace officer and certain other persons to use any force that is reasonable and necessary under the circumstances to remove the cat or dog from the motor vehicle. Section 2 also provides certain exceptions for dogs used for public safety or hunting. Section 5 of this bill provides that the existing general exemptions from the provisions of chapter 574 of NRS also apply to the activities specified in section 2 of this bill. Those exemptions include, without limitation, the handling, housing and transporting of livestock or farm animals.

 


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ê2007 Statutes of Nevada, Page 1925 (Chapter 419, SB 329)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, a person shall not allow a cat or dog to remain unattended in a parked or standing motor vehicle during a period of extreme heat or cold or in any other manner that endangers the health or safety of the cat or dog.

      2.  Any:

      (a) Peace officer;

      (b) Officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040;

      (c) Animal control officer;

      (d) Governmental officer or employee whose primary duty is to ensure public safety;

      (e) Employee or volunteer of any organized fire department; or

      (f) Member of a search and rescue organization in this State that is under the direct supervision of a sheriff,

Ê may use any force that is reasonable and necessary under the circumstances to remove from a motor vehicle a cat or dog that is allowed to remain in the motor vehicle in violation of subsection 1.

      3.  The provisions of subsection 1 do not apply to:

      (a) A police animal or an animal that is used by:

            (1) A federal law enforcement agency to assist the agency in carrying out the duties of the agency; or

            (2) A search and rescue organization specified in paragraph (f) of subsection 2 to assist the organization in carrying out the activities of the organization;

      (b) A dog that is under the possession or control of:

             (1) An animal control officer; or

             (2) A first responder during an emergency;

      (c) A dog that is under the possession or control of a person who:

            (1) Is actively engaged in hunting a species of game mammal or game bird during the season for hunting that species of game mammal or game bird;

             (2) Is using the dog for the purpose set forth in subparagraph (1); and

             (3) Holds a license or tag to hunt that species of game mammal or game bird during that season; or

      (d) A dog that is participating in:

             (1) Training exercises relating to hunting; or

             (2) Field trials relating to hunting.

      4.  A cat or dog that is removed from a motor vehicle pursuant to subsection 2 shall be deemed to be an animal being treated cruelly for the purposes of NRS 574.055. The person who removed the cat or dog may take any action relating to the cat or dog specified in that section and is entitled to any lien or immunity from liability that is applicable pursuant to that section.

      5.  A person who violates a provision of subsection 1 is guilty of a misdemeanor.

 


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ê2007 Statutes of Nevada, Page 1926 (Chapter 419, SB 329)ê

 

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  NRS 574.050 is hereby amended to read as follows:

      574.050  As used in NRS 574.050 to 574.200, inclusive [:] , and section 2 of this act:

      1.  “Animal” does not include the human race, but includes every other living creature.

      2.  “First responder” means a person who has successfully completed the national standard course for first responders.

      3.  “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.

      [3.] 4.  “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

      Sec. 5.  NRS 574.200 is hereby amended to read as follows:

      574.200  The provisions of NRS 574.050 to 574.510, inclusive, and section 2 of this act do not:

      1.  Interfere with any of the fish and game laws contained in title 45 of NRS or any laws for the destruction of certain birds.

      2.  Interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb or property.

      3.  Interfere with the right to kill all animals and fowl used for food.

      4.  Prohibit or interfere with any properly conducted scientific experiments or investigations which are performed under the authority of the faculty of some regularly incorporated medical college or university of this State.

      5.  Interfere with any scientific or physiological experiments conducted or prosecuted for the advancement of science or medicine.

      6.  Prohibit or interfere with established methods of animal husbandry, including the raising, handling, feeding, housing and transporting of livestock or farm animals.

________

 


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ê2007 Statutes of Nevada, Page 1927ê

 

CHAPTER 420, SB 184

Senate Bill No. 184–Committee on Finance

 

CHAPTER 420

 

AN ACT relating to education; revising provisions governing the statewide system of accountability for public schools and school districts; revising provisions governing the Commission on Educational Excellence; revising provisions governing the Commission on Educational Technology; prescribing the minimum credits required of pupils enrolled in high school in certain courses of study; providing for a waiver from the required enrollment in the minimum credits; revising provisions governing the adoption of academic standards; revising provisions governing promotion to high school; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      The State Board of Education and each school district are required to prepare annual reports of accountability information. (NRS 385.3469, 385.347, 385.349) In addition, the State Board, each school district and each public school are required to prepare a plan to improve the achievement of pupils. (NRS 385.34691, 385.348, 385.357) Sections 1-7 of this bill revise the provisions governing the annual reports of accountability and the plans to improve.

      Each public school is designated annually based upon the yearly progress of the pupils enrolled in the school. (NRS 385.3623, 385.366) If a school is designated for 1 year as demonstrating need for achievement, a technical assistance partnership must be established for the school. (NRS 385.3661, 385.3691, 385.3692) If the school is designated for 2 consecutive years as demonstrating need for improvement, the technical assistance partnership must be continued. (NRS 385.3693) Sections 9, 10 and 24 of this bill eliminate the requirement for the establishment of technical assistance partnerships.

      If a public school is designated as demonstrating need for improvement for 3 consecutive years or more, a support team must be established for that school. (NRS 385.3721, 385.374, 385.3741) A support team is required to recommend certain types of corrective action for the school. (NRS 385.3744, 385.376) Sections 11-14 of this bill revise provisions governing the school support teams and the recommendation of corrective action.

      Existing law creates the Commission on Educational Excellence and requires the Commission to provide for the distribution of grants of money to public schools and school districts from the Account for Programs for Innovation and the Prevention of Remediation. (NRS 385.3781-385.379) Section 15.5 of this bill revises provisions governing the factors for consideration by the Commission in awarding grants of money from the Account.

      Existing law creates the Commission on Educational Technology and requires the Commission to establish a plan for the use of educational technology in the public schools. (NRS 388.790, 388.795) Section 19 of this bill requires the Commission to conduct an assessment of the needs of each school district relating to educational technology during the spring semester of each even-numbered school year for submission to the Legislative Committee on Education and the Legislature.

      Existing law designates the core academic subjects that must be taught in all public schools as English, mathematics, science and social studies. (NRS 389.018) Section 20 of this bill prescribes the minimum units of credit in the core academic subjects in which a pupil must enroll. Section 20 also provides that the pupil, his parent or legal guardian and an administrator or counselor at the school may mutually agree to a modified course of study for the pupil.

 


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ê2007 Statutes of Nevada, Page 1928 (Chapter 420, SB 184)ê

 

      Existing law requires the Council to Establish Academic Standards for Public Schools to establish the standards of content and performance for certain courses of study. (NRS 389.520) The State Board is required to adopt the standards as submitted by the Council. Section 21 of this bill authorizes the State Board to object to the standards and return the standards to the Council for reconsideration.

      Existing law prohibits a pupil from being promoted to high school unless he completes certain course work and credits. (NRS 392.033) Section 22 of this bill provides for remedial study for pupils who have been retained in grade 8.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following [subgroups] groups of pupils:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the [subgroups] groups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

 


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ê2007 Statutes of Nevada, Page 1929 (Chapter 420, SB 184)ê

 

designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

 


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short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (o) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole . [, excluding] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

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

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

             (3) Withdraw from school to attend another school.

      (p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

      (u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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ê2007 Statutes of Nevada, Page 1931 (Chapter 420, SB 184)ê

 

State as a whole. For the purposes of this paragraph, a pupil is not a 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.

      (w) Each source of funding for this State to be used for the system of public education.

      (x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study.

             (2) An identification of each program of remedial study, listed by subject area.

      (y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma [.] , reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of section 4 of Senate Bill No. 312 of this session; and

                   (II) Paragraph (b) of subsection 1 of section 4 of Senate Bill No. 312 of this session.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (bb) [The] For each school district, including, without limitation, each charter school in the district, and for this State as a whole, 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 . [, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.]

      (cc) The number of habitual truants who are reported to a school police officer or local 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, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

 


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ê2007 Statutes of Nevada, Page 1932 (Chapter 420, SB 184)ê

 

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      2.  A separate reporting for a [subgroup] group of pupils must not be made pursuant to this section if the number of pupils in that [subgroup] group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a [subgroup] group for that [subgroup] group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before September 1 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 2.  NRS 385.34691 is hereby amended to read as follows:

      385.34691  1.  The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

 


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ê2007 Statutes of Nevada, Page 1933 (Chapter 420, SB 184)ê

 

      (a) Must be prepared in consultation with:

             (1) Employees of the Department;

             (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

             (3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

             (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and

      (b) May be prepared in consultation with:

             (1) Representatives of institutions of higher education;

             (2) Representatives of regional educational laboratories;

             (3) Representatives of outside consultant groups;

             (4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391.512;

             (5) The Bureau; and

             (6) Other persons who the State Board determines are appropriate.

      2.  A plan to improve the achievement of pupils enrolled in public schools in this State must include:

      (a) A review and analysis of the data upon which the report required pursuant to NRS 385.3469 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      (d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school districts;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

 


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ê2007 Statutes of Nevada, Page 1934 (Chapter 420, SB 184)ê

 

activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

      (e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

             (1) The requirements for admission to an institution of higher education and the opportunities for financial aid;

             (2) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.938, inclusive; and

             (3) The need for a pupil to make informed decisions about his curriculum in middle school, junior high school and high school in preparation for success after graduation.

      (f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

      (g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

      (k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      3.  The State Board shall:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in public schools in this State.

      4.  On or before December 15 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

      (a) Governor;

      (b) Committee;

      (c) Bureau;

      (d) Board of Regents of the University of Nevada;

 


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ê2007 Statutes of Nevada, Page 1935 (Chapter 420, SB 184)ê

 

      (e) Council to Establish Academic Standards for Public Schools created by NRS 389.510;

      (f) Board of trustees of each school district; and

      (g) Governing body of each charter school.

      Sec. 3.  NRS 385.34692 is hereby amended to read as follows:

      385.34692  1.  The State Board shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.3469 that includes, without limitation, a summary of the following information for each school district, each charter school and the State as a whole:

      (a) Demographic information of pupils, including, without limitation, the number and percentage of pupils:

             (1) Who are economically disadvantaged, as defined by the State Board;

             (2) Who are from major racial or ethnic groups, as defined by the State Board;

             (3) With disabilities;

             (4) Who are limited English proficient; and

             (5) Who are migratory children, as defined by the State Board;

      (b) The average daily attendance of pupils, reported separately for the [subgroups] groups identified in paragraph (a);

      (c) The transiency rate of pupils;

      (d) The percentage of pupils who are habitual truants;

      (e) The percentage of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655;

      (f) The number of incidents resulting in suspension or expulsion for:

             (1) Violence to other pupils or to school personnel;

             (2) Possession of a weapon;

             (3) Distribution of a controlled substance;

             (4) Possession or use of a controlled substance; and

             (5) Possession or use of alcohol;

      (g) For kindergarten through grade 8, the number and percentage of pupils who are retained in the same grade;

      (h) For grades 9 to 12, inclusive, the number and percentage of pupils who are deficient in the number of credits required for promotion to the next grade or graduation from high school;

      (i) The pupil-teacher ratio for kindergarten and grades 1 to 8, inclusive;

      (j) The average class size for the subject area of mathematics, English, science and social studies in schools where pupils rotate to different teachers for different subjects;

      (k) The number and percentage of pupils who graduated from high school;

      (l) The number and percentage of pupils who received a:

             (1) Standard diploma;

             (2) Adult diploma;

             (3) Adjusted diploma; and

             (4) Certificate of attendance;

      (m) The number and percentage of pupils who graduated from high school and enrolled in remedial courses at the Nevada System of Higher Education;

      (n) Per pupil expenditures;

      (o) Information on the professional qualifications of teachers;

      (p) The average daily attendance of teachers and licensure information;

 


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ê2007 Statutes of Nevada, Page 1936 (Chapter 420, SB 184)ê

 

      (q) Information on the adequate yearly progress of the schools and school districts;

      (r) Pupil achievement based upon the examinations administered pursuant to NRS 389.550 and the high school proficiency examination;

      (s) To the extent practicable, pupil achievement based upon the examinations administered pursuant to NRS 389.015 for grades 4, 7 and 10; and

      (t) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  On or before September 7 of each year, the State Board shall:

      (a) Provide for public dissemination of the summary prepared pursuant to subsection 1 by posting the summary on the Internet website maintained by the Department; and

      (b) Submit a copy of the summary in an electronic format to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      4.  The board of trustees of each school district and the governing body of each charter school shall ensure that the parents and guardians of pupils enrolled in the school district or charter school, as applicable, have sufficient information concerning the availability of the summary prepared by the State Board pursuant to subsection 1, including, without limitation, information that describes how to access the summary on the Internet website maintained by the Department. Upon the request of a parent or guardian of a pupil, the Department shall provide the parent or guardian with a written copy of the summary.

      5.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form for the summary required by this section.

      Sec. 4.  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 educational 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 each school district shall [:

      (a) Report] report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      [(b) For the information that is reported in an aggregated format, include the data that is applicable to] The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district [but not the charter schools that are sponsored by the State Board.

 


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ê2007 Statutes of Nevada, Page 1937 (Chapter 420, SB 184)ê

 

reported separately and must denote the charter schools sponsored by the school district [but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district] and the charter schools sponsored by the State Board.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

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

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 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) 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 . [;]

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following [subgroups] groups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board . [;]

             (4) A comparison of the achievement of pupils in each [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board . [;]

             (5) The percentage of pupils who were not tested . [;]

             (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the [subgroups] groups identified in subparagraph (3) . [;]

             (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available . [;]

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison . [; and]

             (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State.

 


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in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

Ê A separate reporting for a [subgroup] group of pupils must not be made pursuant to this paragraph if the number of pupils in that [subgroup] group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a [subgroup] group for that [subgroup] group to yield statistically reliable information.

      (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, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

 


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                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (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. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (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:

             (1) 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.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (h) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of 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] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

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

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

             (3) Withdraw from school to attend another school.

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

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

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

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

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

 


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      (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 392.033 or 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) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

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

             (2) An identification of each program of remedial study, listed by subject area.

      (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, state college or community college within the Nevada System of Higher Education.

      (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 received:

             (1) A standard high school diploma [.] , reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of section 4 of Senate Bill No. 312 of this session; and

                   (II) Paragraph (b) of subsection 1 of section 4 of Senate Bill No. 312 of this session.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

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

 


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      (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) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) 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

 


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

      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      5.  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 throughout this State.

      (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 Teacher Association;

             (5) Budget Division of the Department of Administration; and

             (6) Legislative Counsel Bureau,

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

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before August 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.

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

      (a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

 


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guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

      9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

      10.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 5.  NRS 385.348 is hereby amended to read as follows:

      385.348  1.  The board of trustees of each school district shall, in consultation with the employees of the school district, prepare a plan to improve the achievement of pupils enrolled in the school district, excluding pupils who are enrolled in charter schools located in the school district. If the school district is a Title I school district designated as demonstrating need for improvement pursuant to NRS 385.377, the plan must also be prepared in consultation with parents and guardians of pupils enrolled in the school district and other persons who the board of trustees determines are appropriate.

      2.  Except as otherwise provided in this subsection, the plan must include the items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto. If a school district has not been designated as demonstrating need for improvement pursuant to NRS 385.377, the board of trustees of the school district is not required to include those items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto that directly relate to the status of a school district as needing improvement.

      3.  In addition to the requirements of subsection 2, a plan to improve the achievement of pupils enrolled in a school district must include:

      (a) 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.

      (b) The identification of any problems or factors at individual schools that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      (d) Strategies to improve the academic achievement of pupils enrolled in the school district, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

 


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             (3) Integrate technology into the instructional and administrative programs of the school district;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed by the school district to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in the school district, as deemed appropriate by the board of trustees of the school district.

      (e) An identification, by category, of the employees of the school district who are responsible for ensuring that each provision of the plan is carried out effectively.

      (f) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (i) Strategies to improve the allocation of resources from the school district, by program and by school, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the school district to carry out the plan, including, without limitation, a budget of the overall cost for carrying out the plan.

      (k) A summary of the effectiveness of appropriations made by the Legislature that are available to the school district or the schools within the school district to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (l) An identification of the programs, practices and strategies that are used throughout the school district and by the schools within the school district that have proven successful in improving the achievement and proficiency of pupils, including, without limitation:

             (1) An identification of each school that carries out such a program, practice or strategy;

             (2) An indication of which programs, practices and strategies are carried out throughout the school district and which programs, practices and strategies are carried out by individual schools;

             (3) The extent to which the programs, practices and strategies include methods to improve the achievement and proficiency of pupils in each [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361; and

             (4) A description of how the school district disseminates information concerning the successful programs, practices and strategies to all schools within the school district.

 


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

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school district.

      5.  On or before December 15 of each year, the board of trustees of each school district shall submit the plan or the revised plan, as applicable, to the:

      (a) Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d) Department;

      (e) Committee; and

      (f) Bureau.

      Sec. 6.  NRS 385.349 is hereby amended to read as follows:

      385.349  1.  The board of trustees of each school district shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.347 on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

      (a) The information set forth in subsection 1 of NRS 385.34692, reported for the school district as a whole and for each school within the school district;

      (b) Information on the involvement of parents and legal guardians in the education of their children; and

      (c) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form that contains the basic information required by subsection 1. The board of trustees of a school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      4.  On or before September 7 of each year, the board of trustees of each school district shall:

      (a) Submit the summary in an electronic format to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee;

             (5) Bureau; and

             (6) Schools within the school district.

      (b) Provide for the public dissemination of the summary by posting a copy of the summary on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the summary. The board of trustees of each school district shall ensure that the parents and guardians of pupils enrolled in the school district have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website maintained by the school district, if any.

 


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of pupils enrolled in the school district have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website maintained by the school district, if any. Upon the request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a written copy of the summary.

      5.  The board of trustees of each school district shall [:

      (a) Report] report the information required by this section for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      [(b) For the information that is reported in an aggregated format, include the data that is applicable to] The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district [but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district] and the charter schools sponsored by the State Board.

      Sec. 7.  NRS 385.357 is hereby amended to read as follows:

      385.357  1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must include:

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

      (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

      (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each [subgroup] group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.

      (e) Annual measurable objectives, consistent with the annual measurable objectives established by the State Board pursuant to NRS 385.361, for the continuous and substantial progress by each [subgroup] group of pupils identified in paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each [subgroup] group will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.

      (f) Strategies, consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children.

      (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

 


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the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

      (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

      (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

      (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

      (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

      (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

 


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      (p) A budget of the overall cost for carrying out the plan.

      3.  In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

      4.  Except as otherwise provided in subsection 5, the principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      5.  If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623 [, the technical assistance partnership or the] and a support team has been established for the school, [as applicable,] the support team shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS [385.3692 or 385.3741, as applicable.] 385.3741. If the school is a Title I school that has been designated as demonstrating need for improvement, the [technical assistance partnership or] support team established for the school [, as applicable,] shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the [partnership or] support team, outside experts.

      6.  On or before November 1 of each year, the principal of each school [, or the technical assistance partnership] or the support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:

      (a) If the school is a public school of the school district, the superintendent of schools of the school district.

      (b) If the school is a charter school, the governing body of the charter school.

      7.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

      8.  If a school is designated as demonstrating exemplary achievement, high achievement or adequate achievement, or if a school that is not a Title I school is designated as demonstrating need for improvement, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

 


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superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

      9.  On or before December 15 of each year, the principal of each school [, or the technical assistance partnership] or the support team established for the school, as applicable, shall submit the final plan or the final revised plan, as applicable, to the:

      (a) Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d) Department;

      (e) Committee;

      (f) Bureau; and

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

      10.  A plan for the improvement of a school must be carried out expeditiously, but not later than January 1 after approval of the plan pursuant to subsection 7 or 8, as applicable.

      Sec. 8.  NRS 385.3613 is hereby amended to read as follows:

      385.3613  1.  Except as otherwise provided in subsection 2, on or before June 15 of each year, the Department shall determine whether each public school is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      2.  On or before June 30 of each year, the Department shall determine whether each public school that operates on a schedule other than a traditional 9-month schedule is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      3.  The determination pursuant to subsection 1 or 2, as applicable, for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Board, the Department shall make a determination for the charter school in consultation with the State Board. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before June 15 or June 30 of each year, as applicable, the Department shall transmit:

      (a) Except as otherwise provided in paragraph (b), the determination made for each public school to the board of trustees of the school district in which the public school is located.

      (b) To the State Board the determination made for each charter school that is sponsored by the State Board.

      4.  Except as otherwise provided in this subsection, the Department shall determine that a public school has failed to make adequate yearly progress if any [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361 does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school shall be deemed to have made adequate yearly progress even though a [subgroup] group identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual measurable objectives of the State Board.

 


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      5.  In addition to the provisions of subsection 4, the Department shall determine that a public school has failed to make adequate yearly progress if:

      (a) The number of pupils enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school who were required to take the examinations; or

      (b) Except as otherwise provided in subsection 6, for each [subgroup] group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils in the [subgroup] group enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in that [subgroup] group enrolled in the school who were required to take the examinations.

      6.  If the number of pupils in a particular [subgroup] group who are enrolled in a public school is insufficient to yield statistically reliable information:

      (a) The Department shall not determine that the school has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 5 based solely upon that particular [subgroup.] group.

      (b) The pupils in such a [subgroup] group must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The State Board shall prescribe the mechanism for determining the number of pupils that must be in a [subgroup] group for that [subgroup] group to yield statistically reliable information.

      7.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

      8.  As used in this section:

      (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 389.604.

      (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 389.608.

      Sec. 9.  NRS 385.3661 is hereby amended to read as follows:

      385.3661  1.  [If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply, the technical assistance partnership established for the school pursuant to this section shall carry out the requirements of NRS 385.3692.

      2.]  Except as otherwise provided in subsection [3,] 2, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply, the board of trustees of the school district shall:

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

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

 


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      (c) Establish a technical assistance partnership for the school, with the membership prescribed pursuant to NRS 385.3691.

      3.] 2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply:

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

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

             (2) Establish a technical assistance partnership for the charter school, with the membership prescribed pursuant to NRS 385.3691.]

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. [The provisions of this paragraph do not require the school district to pay for the technical assistance partnership established by the governing body of the charter school.]

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

      [4.] 3.  In addition to the requirements of subsection [2 or 3,] 1 or 2, as applicable, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721 or 385.3745 do not apply:

      (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall provide school choice to the parents and guardians of pupils enrolled in the school, including, without limitation, a charter school sponsored by the school district, in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

      (b) For a charter school sponsored by the State Board, the Department shall work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

      Sec. 10.  NRS 385.3693 is hereby amended to read as follows:

      385.3693  1.  [If a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years, the technical assistance partnership established for the school pursuant to NRS 385.3661 shall carry out the requirements of NRS 385.3692.

      2.]  Except as otherwise provided in subsection [3,] 2, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years, the board of trustees of the school district shall:

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

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

      (c) Continue the technical assistance partnership for the school.

 


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      3.] 2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years:

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

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

             (2) Continue the technical assistance partnership for the school.]

      (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. [The provisions of this paragraph do not require the school district to pay for the technical assistance partnership established by the governing body of the charter school.]

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

      Sec. 11.  NRS 385.374 is hereby amended to read as follows:

      385.374  1.  The membership of each support team established pursuant to NRS 385.3721 [:

      1.  Must] must consist of, without limitation:

      (a) Teachers and principals who are considered highly qualified and who are not employees of the public school for which the support team is established;

      (b) [At least one representative of the Department,] One member appointed in accordance with subsection 3, who must serve as the [facilitator] team leader of the support team;

      (c) Except for a charter school, at least one administrator at the district level who is employed by the board of trustees of the school district;

      (d) At least one parent or guardian of a pupil who is enrolled in the public school for which the support team is established; and

      (e) In addition to the requirements of paragraphs (a) to (d), inclusive, for a charter school:

             (1) At least one member of the governing body of the charter school, regardless of the sponsor of the charter school; and

             (2) If the charter school is sponsored by the board of trustees of a school district, at least one employee of the school district, which may include an administrator.

      2.  [May] The membership of each support team established pursuant to NRS 385.3721 may consist of, without limitation:

      (a) Except for a charter school, one or more members of the board of trustees of the school district in which the school is located;

      (b) Representatives of institutions of higher education;

      (c) Representatives of regional educational laboratories;

      (d) Representatives of outside consultant groups;

      (e) Representatives of the regional training program for the professional development of teachers and administrators created by NRS 391.512 that provides services to the school district in which the school is located;

      (f) The Bureau; and

      (g) Other persons who the Department determines are appropriate.

 


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      3.  The member appointed pursuant to paragraph (b) of subsection 1 must:

      (a) Be employed by the Department; or

      (b) If he is not employed by the Department, have the training and experience required by the Department.

      Sec. 12.  NRS 385.3741 is hereby amended to read as follows:

      385.3741  1.  Each support team established for a public school pursuant to NRS 385.3721 shall:

      (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

      (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

      (c) Review the most recent plan to improve the achievement of the school’s pupils.

      (d) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

      (e) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

      (f) Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department.

      (g) In accordance with its findings pursuant to this section and NRS 385.3742, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357. The written revisions must:

             (1) Comply with NRS 385.357;

             (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

             (3) Include the data and findings of the support team that provide support for the revisions;

             (4) Set forth goals, objectives, tasks and measures for the school that are:

                   (I) Designed to improve the achievement of the school’s pupils;

                   (II) Specific;

                   (III) Measurable; and

                   (IV) Conducive to reliable evaluation;

             (5) Set forth a timeline to carry out the revisions;

             (6) Set forth priorities for the school in carrying out the revisions; and

             (7) Set forth the names and duties of each person who is responsible for carrying out the revisions.

      (h) Except as otherwise provided in this paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school.

 


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the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school.

      (i) Prepare a [monthly] quarterly progress report in the format prescribed by the Department and:

             (1) Submit the progress report to the Department.

             (2) Distribute copies of the progress report to each employee of the school for review.

      (j) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

      2.  A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

      3.  The Department shall prescribe a concise [monthly] quarterly progress report for use by each support team in accordance with paragraph (i) of subsection 1.

      Sec. 13.  NRS 385.3744 is hereby amended to read as follows:

      385.3744  1.  Except as otherwise provided in subsection [2,] 3, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years for failing to make adequate yearly progress, the support team established for the school shall consider whether corrective action is appropriate for the school. If the support team determines that corrective action is appropriate, the support team shall make a recommendation [to the Department] for corrective action for the school, including, without limitation, the type of corrective action that is recommended from the list of corrective actions authorized pursuant to [paragraphs (a), (b) and (c).] subsection 2. The recommendation must be submitted to:

      (a) For a school of the school district or a charter school sponsored by the board of trustees of the school district, the board of trustees.

      (b) For a charter school sponsored by the State Board, the Department.

      2.  Regardless of whether a support team recommends corrective action for a school, the Department may, for a charter school sponsored by the State Board, and the board of trustees of a school district may , for a school of the school district or a charter school sponsored by the board of trustees, take one or more of the following corrective actions for the school:

      (a) Develop and carry out a new curriculum at the school, including the provision of appropriate professional development relating to the new curriculum.

      (b) [Decrease the number] Significantly decrease the managerial authority of the employees at the school . [who carry out managerial duties.]

      (c) Extend the school year or the school day.

      [2.] 3.  The Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action as if the delay never occurred.

 


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adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action as if the delay never occurred.

      Sec. 14.  NRS 385.376 is hereby amended to read as follows:

      385.376  1.  Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 or more consecutive years for failure to make adequate yearly progress, the support team for the school shall:

      (a) If corrective action was not taken against the school pursuant to NRS 385.3744, consider whether corrective action is appropriate for the school.

      (b) If corrective action was taken against the school pursuant to NRS 385.3744, consider whether further corrective action is appropriate or whether consequences or sanctions, or both, are appropriate for the school.

[Ê]

      2.  Regardless of whether a support team recommends corrective action or consequences or sanctions for a school, the Department may, for a charter school sponsored by the State Board, and the board of trustees of a school district may , for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with consequences or sanctions, or both, as prescribed by the State Board pursuant to NRS 385.361.

      [2.] 3.  The Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action or restructuring pursuant to this section for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department or the board of trustees, as applicable, may proceed with corrective action or with consequences or sanctions, or both, for the school, as appropriate, as if the delay never occurred.

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

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

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

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

      Sec. 15.  NRS 385.3762 is hereby amended to read as follows:

      385.3762  1.  On or before July 1 of each year, the Department shall determine whether each school district is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361. The pupils who are enrolled in a charter school, if any, located within a school district must not be included in the determination made for that school district. The determination made for each school district must be based only upon the information and data for those pupils who were enrolled in the school district for a full academic year, regardless of whether those pupils attended more than one school within the school district for that academic year.

 


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      2.  Except as otherwise provided in this subsection, the Department shall determine that a school district has failed to make adequate yearly progress if any [subgroup] group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school district does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school district shall be deemed to have made adequate yearly progress even though a [subgroup] group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school district did not satisfy the annual measurable objectives of the State Board.

      3.  In addition to the provisions of subsection 2, the Department shall determine that a school district has failed to make adequate yearly progress if:

      (a) The number of pupils enrolled in the school district who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school district who were required to take the examinations; or

      (b) Except as otherwise provided in subsection 4, for each [subgroup] group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils enrolled in the school district who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in the [subgroup] group who were required to take the examinations.

      4.  If the number of pupils in a particular [subgroup] group who are enrolled in a school district is insufficient to yield statistically reliable information:

      (a) The Department shall not determine that the school district has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 3 based solely upon that particular [subgroup.] group.

      (b) The pupils in such a [subgroup] group must be included in the overall count of pupils enrolled in the school district who took the examinations.

Ê The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a [subgroup] group for that [subgroup] group to yield statistically reliable information.

      Sec. 15.5.  NRS 385.3785 is hereby amended to read as follows:

      385.3785  1.  The Commission shall:

      (a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:

             (1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;

             (2) The plan to improve the achievement of pupils prepared by the board of trustees of each school district pursuant to NRS 385.348;

             (3) The plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation; and

             (4) Any other information that the Commission considers relevant to the development of the program of educational excellence.

 


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      (b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      (c) Develop a concise application and simple procedures for the submission of applications by school districts and public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both. All school districts and public schools, including, without limitation, charter schools, are eligible to submit such an application, regardless of whether the school district or school has made adequate yearly progress or failed to make adequate yearly progress. A school district or public school selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.

      (d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from school districts and public schools that desire to participate in the program.

      (e) Prescribe accountability measures to be carried out by a school district or public school that participates in the program if that school district or public school does not meet the annual measurable objectives established by the State Board pursuant to NRS 385.361, including, without limitation:

             (1) The specific levels of achievement expected of school districts and schools that participate; and

             (2) Conditions for school districts and schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.

      (f) Determine the amount of money that is available from the Account for those school districts and public schools that are selected to participate in the program.

      (g) Allocate money to school districts and public schools from the Account. Allocations must be distributed not later than August 15 of each year.

      (h) Establish criteria for school districts and public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:

             (1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in the plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;

             (2) If applicable, the achievement of pupils enrolled in the school district as a whole, based upon measurable criteria identified in the plan to improve the achievement of pupils for the school district prepared pursuant to NRS 385.348;

             (3) If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;

             (4) The implementation of the applicable plans for improvement, including, without limitation, an analysis of whether the school district or the school is meeting the measurable objectives identified in the plan; and

 


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ê2007 Statutes of Nevada, Page 1958 (Chapter 420, SB 184)ê

 

             (5) The attainment of measurable progress on the annual list of adequate yearly progress of school districts and schools.

      2.  To the extent money is available, the Commission shall make allocations of money to school districts and public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of subsection 1.

      3.  The Commission shall ensure, to the extent practicable, that grants of money provided pursuant to this section reflect the economic and geographic diversity of this State.

      4.  If a school district or public school that receives money pursuant to subsection 1 or 2 does not meet the criteria for effectiveness as prescribed in paragraph (h) of subsection 1 over a 2-year period, the Commission may consider not awarding future allocations of money to that school district or public school.

      [4.] 5.  On or before July 1 of each year, the Department shall provide a list of priorities of schools based upon the adequate yearly progress status of schools in the immediately preceding year for consideration by the Commission in its development of procedures for the applications.

      [5.] 6.  In carrying out the requirements of this section, the Commission shall review and consider the programs of remedial study adopted by the Department pursuant to NRS 385.389, the list of approved providers of supplemental services maintained by the Department pursuant to NRS 385.384 and the recommendations submitted by the Committee pursuant to NRS 218.5354 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      Sec. 16.  NRS 385.391 is hereby amended to read as follows:

      385.391  1.  The Department shall adopt:

      (a) Regulations to provide for the recognition of schools that:

             (1) Receive a designation as demonstrating exemplary achievement or high achievement pursuant to NRS 385.3623.

             (2) Significantly improve the academic achievement of [subgroups] groups of pupils identified in paragraph (b) of subsection 1 of NRS 385.361.

             (3) Exceed adequate yearly progress, as determined by the Department pursuant to NRS 385.3613, for 2 or more consecutive years.

      (b) Such regulations as it deems necessary to carry out the provisions of this section and NRS 385.3455 to 385.391, inclusive, including, without limitation, uniform standards for the type and format of data that must be submitted by the school districts and the time by which such data must be submitted.

      2.  The Department may work in consultation with the Bureau for identifying and publicizing the achievement of schools that are recognized pursuant to paragraph (a) of subsection 1.

      Sec. 17.  NRS 386.605 is hereby amended to read as follows:

      386.605  1.  On or before July 15 of each year, the governing body of a charter school [that is sponsored by the board of trustees of a school district] shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees [that sponsors] of the school district in which the charter school is located for inclusion in the report of the school district pursuant to that section.

 


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ê2007 Statutes of Nevada, Page 1959 (Chapter 420, SB 184)ê

 

inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

      2.  The Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section and NRS 385.357, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

      Sec. 18.  NRS 386.650 is hereby amended to read as follows:

      386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

             (2) In a separate reporting for each [subgroup] group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State; and

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) 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.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction but must not be used for the purpose of evaluating an individual teacher or paraprofessional.

 


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ê2007 Statutes of Nevada, Page 1960 (Chapter 420, SB 184)ê

 

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

      (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

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

      3.  The Superintendent of Public Instruction shall:

      (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2;

      (c) Prescribe the format for the data;

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

      (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

      (f) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

             (1) Individual pupils;

             (2) Individual teachers and paraprofessionals;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

      (g) 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 automated system of information and comparable to the data reported by other school districts; and

      (h) Provide for the analysis and reporting of the data in the automated system of information.

      4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

 


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ê2007 Statutes of Nevada, Page 1961 (Chapter 420, SB 184)ê

 

Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

      Sec. 19.  NRS 388.795 is hereby amended to read as follows:

      388.795  1.  The Commission shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Commission shall consider:

      (a) Plans that have been adopted by the Department and the school districts in this State;

      (b) Plans that have been adopted in other states;

      (c) The information reported pursuant to paragraph (t) of subsection 2 of NRS 385.347; [and]

      (d) The results of the assessment of needs conducted pursuant to subsection 6; and

      (e) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.

      2.  The plan established by the Commission must include recommendations for methods to:

      (a) Incorporate educational technology into the public schools of this State;

      (b) Increase the number of pupils in the public schools of this State who have access to educational technology;

      (c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, but not limited to, the receipt of credit for college courses completed through the use of educational technology;

      (d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and

      (e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, [but not limited to,] without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

      3.  The Department shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

Ê as is necessary for the Commission to carry out the provisions of this section.

      4.  The following entities shall cooperate with the Commission in carrying out the provisions of this section:

      (a) The State Board.

      (b) The board of trustees of each school district.

      (c) The superintendent of schools of each school district.

      (d) The Department.

      5.  The Commission shall:

      (a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

      (b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

 


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ê2007 Statutes of Nevada, Page 1962 (Chapter 420, SB 184)ê

 

appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

      (c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:

             (1) Repair, replace and maintain computer systems.

             (2) Upgrade and improve computer hardware and software and other educational technology.

             (3) Provide training, installation and technical support related to the use of educational technology within the district.

      (d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.

      (e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

      (f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.

      6.  During the spring semester of each even-numbered school year, the Commission shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Commission shall consider:

      (a) The recommendations set forth in the plan pursuant to subsection 2;

      (b) The plan for educational technology of each school district, if applicable;

      (c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and

      (d) Any other information deemed relevant by the Commission.

Ê The Commission shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.

      7.  The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Commission and transmit the written compilation on or before June 1 of each even-numbered year to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      8.  The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

      [7.] 9.  As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      Sec. 20.  NRS 389.018 is hereby amended to read as follows:

      389.018  1.  The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

 


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ê2007 Statutes of Nevada, Page 1963 (Chapter 420, SB 184)ê

 

public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

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

      (b) Mathematics;

      (c) Science; and

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

      2.  Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:

      (a) Four units of credit in English;

      (b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;

      (c) Three units of credit in science, including two laboratory courses; and

      (d) Three units of credit in social studies, including, without limitation:

             (1) American government;

             (2) American history; and

             (3) World history or geography.

Ê A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma or an adjusted diploma, as applicable.

      3.  Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) The arts;

      (b) Computer education and technology;

      (c) Health; and

      (d) Physical education.

Ê If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

      Sec. 21.  NRS 389.520 is hereby amended to read as follows:

      389.520  1.  The Council shall:

      (a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 2, based upon the content of each course, that is expected of pupils for the following courses of study:

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

             (2) Mathematics;

             (3) Science;

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

 


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ê2007 Statutes of Nevada, Page 1964 (Chapter 420, SB 184)ê

 

             (5) The arts;

             (6) Computer education and technology;

             (7) Health; and

             (8) Physical education.

      (b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the examinations administered pursuant to NRS 389.550.

      (c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

      2.  The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

      3.  The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:

      (a) Adopt the standards for each course of study, as submitted by the Council; or

      (b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.

      4.  If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:

      (a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and

      (b) Return the standards or the revised standards, as applicable, to the State Board .

Ê The State Board shall adopt the standards of content and performance [established by the Council.

      4.] or the revised standards, as applicable.

      5.  The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 389.550.

      Sec. 22.  NRS 392.033 is hereby amended to read as follows:

      392.033  1.  The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, [which] including, without limitation, English, mathematics, science and social studies. The regulations may include the credits to be earned [.] in each course.

      2.  [The] Except as otherwise provided in subsection 4, the board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs of remedial study to complete the courses of study required for promotion to high school.

      3.  The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

 


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ê2007 Statutes of Nevada, Page 1965 (Chapter 420, SB 184)ê

 

transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

      4.  The board of trustees of each school district shall adopt a policy that allows a pupil who has not completed the courses of study or credits required for promotion to high school to be placed on academic probation and to enroll in high school. A pupil who is on academic probation pursuant to this subsection shall complete appropriate remediation in the subject areas that he failed to pass. The policy must include the criteria for eligibility of a pupil to be placed on academic probation. A parent or guardian may elect not to place his child on academic probation but to remain in grade 8.

      Sec. 23.  (Deleted by amendment.)

      Sec. 24.  NRS 385.3691 and 385.3692 are hereby repealed.

      Sec. 25.  (Deleted by amendment.)

      Sec. 26.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $340,200 for the costs of a study to measure the alignment of class assignments given to pupils at selected grade levels with the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

      2.  Before the Interim Finance Committee issues a request for proposals for a consultant to conduct the study, the Legislative Committee on Education shall select 100 public schools to participate in the study and the grade levels to be reviewed at each school. The schools must be elementary schools, middle schools and junior high schools and the grade levels selected must not include the ninth grade.

      3.  After selection of the public schools and grade levels by the Legislative Committee on Education, the Interim Finance Committee shall issue a request for proposals and enter into a contract with a qualified and independent consultant to conduct the study.

      4.  The consultant selected by the Interim Finance Committee shall, for each school selected by the Legislative Committee on Education, review a representative sampling of class assignments given to pupils for mathematics and English language arts at the selected grade levels and determine the alignment of those assignments with the standards of content and performance for those subject areas. For each school, the consultant shall report:

      (a) The type of assignments that were reviewed, including, without limitation, homework, quizzes and tests;

      (b) Whether the assignments were completed independently by pupils or in groups of pupils, or with the assistance of a teacher or aide;

      (c) The source of the assignments, including, without limitation, textbooks and workbooks, created by the teacher or created by the school district;

      (d) The grade levels of pupils subject to review;

      (e) The percentage of the assignments that are aligned to the standards; and

      (f) An assessment of the depth to which the standard is covered by the assignments.

      5.  The consultant shall prepare a written report of the results of the findings:

 


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ê2007 Statutes of Nevada, Page 1966 (Chapter 420, SB 184)ê

 

      (a) For each school for submission to the principal of that school.

      (b) For all schools that participate in the study for submission to the:

             (1) Legislative Committee on Education;

             (2) Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature;

             (3) State Board of Education; and

             (4) Department of Education.

      6.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 26.5.  The Superintendent of Public Instruction shall:

      1.  Prepare a plan for the reporting of the annual rate of pupils who drop out of school in grades 6 and 7 beginning in July 2011; and

      2.  Submit a report concerning the plan to the Director of the Legislative Counsel Bureau for transmittal to the 75th Session of the Legislature.

      Sec. 27.  The assessment of needs conducted by the Commission on Educational Technology pursuant to NRS 388.795, as amended by section 19 of this act, for the spring semester of 2008 must include, without limitation, an assessment of:

      1.  The need for computer-based assessments, including, without limitation, the use of computers for the administration of the high school proficiency examination;

      2.  The integration of educational technology to improve the achievement and proficiency of pupils; and

      3.  The feasibility and costs associated with using laptop computers in lieu of traditional textbooks.

      Sec. 28.  The provisions of section 20 of this act apply to pupils who are enrolled in grade 9 for the 2007-2008 school year and for each school year thereafter.

      Sec. 29.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 1967ê

 

CHAPTER 421, SB 577

Senate Bill No. 577–Committee on Judiciary

 

CHAPTER 421

 

AN ACT relating to financial matters; clarifying the intent of provisions concerning the applicability of certain laws relating to installment loans; prohibiting the reduction of certain local property taxes without the approval of the State Board of Finance; limiting the security which may be provided for certain special obligation bonds of the State; repealing certain revisions to exemptions from execution; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 28 of Assembly Bill No. 478 of this session provides that the provisions of chapter 675 of NRS apply to any person who: (1) makes installment loans that are not subject to regulation pursuant to chapter 604A of NRS; (2) is an affiliate, subsidiary or holding company of certain financial institutions or an insurance company; or (3) seeks to evade application of chapter 675 of NRS by any device, subterfuge or pretense. Section 1 of this bill amends subsection 2 of section 28 of Assembly Bill No. 478 of this session to require all three conditions to be present for the chapter to apply.

      Section 47 of Assembly Bill No. 595 of this session provides for the allocation of a portion of certain property taxes imposed in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to the State Highway Fund for use in the construction and maintenance of the public highways in that county. Section 2 of this bill prohibits a board of county commissioners from reducing the rate of such a tax without the approval of the State Board of Finance.

      Section 3 of this bill limits the security that may be provided for certain special obligation bonds issued by the State Board of Finance to provide funding for highway construction projects to ensure that those bonds are not subject to the constitutional limitation on state indebtedness.

      Sections 46-48 of Senate Bill No. 483 of this session amend existing law to limit the exemption from execution for payments received pursuant to the federal Social Security Act to such payments made for the individual support of the judgment debtor. Section 5 of this bill resolves a conflict with federal law by repealing sections 46-48 of Senate Bill No. 483 of this session so that the exemption is not limited to payments for individual support. (42 U.S.C. § 407)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 28 of Assembly Bill No. 478 of this session is hereby amended to read as follows:

      Sec. 28.  Chapter 675 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter apply to any person who:

      1.  Makes installment loans that are not subject to regulation pursuant to chapter 604A of NRS;

      2.  Is an affiliate, subsidiary or holding company of a bank, national banking association, savings bank, trust company, savings and loan association, credit union, development corporation, mortgage broker, mortgage banker, thrift company or insurance company; and

 


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ê2007 Statutes of Nevada, Page 1968 (Chapter 421, SB 577)ê

 

mortgage broker, mortgage banker, thrift company or insurance company; and

      3.  Seeks to evade its application by any device, subterfuge or pretense, including, without limitation:

      (a) Calling a loan by any other name;

      (b) Using any agents, affiliates or subsidiaries in an attempt to avoid the application of the provisions of this chapter; or

      (c) Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter pursuant to subsection 1 of NRS 675.040, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a material economic interest in the revenues generated by the loan.

      Sec. 2.  Section 47 of Assembly Bill No. 595 of this session is hereby amended to read as follows:

      Sec. 47.  NRS 354.59815 is hereby amended to read as follows:

      354.59815  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 5 cents per $100 of the assessed valuation of the county.

      2.  [The] If a tax is levied pursuant to subsection 1 in:

      (a) A county whose population is less than 100,000, the board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of [any tax levied pursuant to the provisions of subsection 1] the tax among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county for the 1990-1991 Fiscal Year.

      (b) A county whose population is 100,000 or more, the board of county commissioners shall direct the county treasurer to distribute quarterly, from the proceeds of the tax for:

             (1) The fiscal year beginning on July 1, 2008:

                   (I) Eighty-eight percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Twelve percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (2) The fiscal year beginning on July 1, 2009:

                   (I) Seventy-six percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

 


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ê2007 Statutes of Nevada, Page 1969 (Chapter 421, SB 577)ê

 

bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Twenty-four percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (3) The fiscal year beginning on July 1, 2010:

                   (I) Sixty-four percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Thirty-six percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (4) The fiscal year beginning on July 1, 2011:

                   (I) Fifty-two percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Forty-eight percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (5) Each fiscal year beginning on or after July 1, 2012:

                   (I) Forty percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Sixty percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

      3.  The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of subsection 1 without the approval of the State Board of Finance and each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.

      Sec. 3.  Assembly Bill No. 595 of this session is hereby amended by adding thereto a new section to be designated as sec. 47.7, immediately following sec. 47.6, to read as follows:

      Sec. 47.7.  NRS 408.273 is hereby amended to read as follows:

      408.273  1.  The State Board of Finance shall, when so requested by the Board, issue special obligation bonds of the State of Nevada to provide money to enable the Department to complete pending and currently projected highway construction projects, in an amount specified in the request.

 


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ê2007 Statutes of Nevada, Page 1970 (Chapter 421, SB 577)ê

 

Nevada to provide money to enable the Department to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by:

      (a) A pledge of the appropriate federal highway grants payable to the State; or

      (b) The appropriate federal highway grants payable to the State and taxes which are credited to the State Highway Fund, other than any taxes that would cause the bonds to create a public debt within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada,

Ê and must mature within not more than 20 years from their date.

      2.  The Department shall cooperate with the State Treasurer in the issuance of the bonds.

      3.  The State Treasurer may employ any necessary legal, financial or other professional services in connection with the issuance of the bonds.

      Sec. 4.  Section 57 of Assembly Bill No. 595 of this session is hereby amended to read as follows:

      Sec. 57.  1.  This section and sections 1 to 46, inclusive, 49.5, 49.7, 55 and 56 of this act become effective upon passage and approval.

      2.  Sections 46.5, 47.1 to 47.4, inclusive, 47.7, 55.3 and 55.5 of this act become effective on July 1, 2007.

      3.  Sections 47.5 and 49 of this act become effective on October 1, 2007.

      4.  Sections 47 and 47.6 of this act become effective on July 1, 2008.

      5.  Section 55.5 of this act expires by limitation on December 31, 2015.

      Sec. 5.  Sections 46, 47 and 48 of Senate Bill No. 483 of this session are hereby repealed.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 


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ê2007 Statutes of Nevada, Page 1971ê

 

CHAPTER 422, SB 556

Senate Bill No. 556–Committee on Finance

 

CHAPTER 422

 

AN ACT relating to the judicial system; creating the Supreme Court Commission on Law Libraries and the District Court Commission on Law Libraries; reorganizing the Second and Eighth Judicial Districts; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Senate Bill No. 184 of the 2001 Legislative Session created the Supreme Court Commission on Law Libraries and the District Court Commission on Law Libraries. The Supreme Court Commission on Law Libraries expired on December 31, 2006, and the District Court Commission on Law Libraries expired on January 2, 2005. (Chapter 597, Statutes of Nevada 2001, p. 3109)

      Section 2 of this bill re-creates the Supreme Court Commission on Law Libraries, prescribes the duties of the Commission and establishes the salaries for the justices who serve on the Commission. (NRS 2.410) Section 1 of this bill clarifies that salary from service on the Commission is included within the definition of salary for the purposes of the statutory provisions pertaining to pensions. (NRS 2.060)

      Section 4 of this bill re-creates the District Court Commission on Law Libraries, prescribes the duties of the Commission and establishes the salaries for the judges who serve on the Commission. Section 9 of this bill clarifies that salary from service on the Commission is included within the definition of salary for the purposes of the statutory provisions pertaining to pensions. (NRS 3.090)

      Section 12 of this bill makes an appropriation to pay the salaries of the members of the Supreme Court Commission on Law Libraries and the District Court Commission on Law Libraries.

      Existing law creates the Second and Eighth Judicial Districts with certain judges designated for the family court. (NRS 3.012, 3.018) Sections 5-8 of this bill reorganize those districts to provide for the designation of family court judges separate from other judges in those districts. In addition, sections 10 and 11 of this bill provide for the abolishment and recreation of the office of certain district judges. The first term of office for the new judges is 4 years. This reorganization will allow all district judges to be elected at the same time in those districts rather than at staggered times.

      Section 13 of this bill provides that the provisions of this bill concerning the Commissions on Law Libraries become effective on January 1, 2009, if, and only if, Senate Bill No. 248 is enacted by the 74th Session of the Nevada Legislature and approved by the Governor.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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 monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

 


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ê2007 Statutes of Nevada, Page 1972 (Chapter 422, SB 556)ê

 

three-fourths the sum received as a salary for his judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      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 monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      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 postretirement 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 Executive Officer of the Public Employees’ Retirement Board 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.  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.

      9.  As used in this section, “salary” includes a salary received for service on a Supreme Court Commission created by statute.

      Sec. 2.  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:

 


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ê2007 Statutes of Nevada, Page 1973 (Chapter 422, SB 556)ê

 

      (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 Supreme Court Commission on Law Libraries shall meet at least quarterly and shall prepare and submit an annual report to the Office of the Court Administrator.

      5.  On January 5, 2009, 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 5, 2009, and end on January 2, 2011, and three justices to serve terms which begin on January 6, 2009, and end on December 31, 2012. If a justice appointed pursuant to this subsection to serve on the Commission ceases to be a justice of the Supreme Court, his term as a member of the Commission expires on the date that he ceases to be a justice of the Supreme Court. Such a vacancy on the Commission 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 $30,000 for each year that he serves on the Commission, payable in biweekly installments.

      Sec. 3.  Chapter 3 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.

      Sec. 4.  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

      (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 Office of the Court Administrator.

 


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ê2007 Statutes of Nevada, Page 1974 (Chapter 422, SB 556)ê

 

      3.  On January 5, 2009, 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 5, 2009, and end on January 3, 2011; 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 5, 2009, and end on January 3, 2011.

Ê 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 Commission expires on the date that he ceases to be a district judge. Such a vacancy on the Commission 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 5, 2009, 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.  For the Second Judicial District, in addition to the district judges established pursuant to NRS 3.012, there must be four district judges who are judges of the family court.

      Sec. 6.  For the Eighth Judicial District, in addition to the district judges established pursuant to NRS 3.018, there must be 13 district judges who are judges of the family court.

      Sec. 7.  NRS 3.012 is hereby amended to read as follows:

      3.012  For the Second Judicial District there must be [12] eight district judges [, 4 of whom must be] who are not judges of the family court.

      Sec. 8.  NRS 3.018 is hereby amended to read as follows:

      3.018  For the Eighth Judicial District there must be [37] 24 district judges [, 13 of whom must be] who are not judges of the family court.

      Sec. 9.  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 monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      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 monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

 


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ê2007 Statutes of Nevada, Page 1975 (Chapter 422, SB 556)ê

 

      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 postretirement 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 Executive Officer of the Public Employees’ Retirement Board 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.  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.

      9.  As used in this section, “salary” includes a salary received for service on a District Court Commission created by statute.

      Sec. 10.  1.  Each office of district judge for the family court of the Second Judicial District which was created pursuant to NRS 3.012 and for which the term of office expires on January 3, 2011, is hereby abolished and ceases to exist on January 3, 2011.

      2.  Each office of district judge for the family court of the Eighth Judicial District which was created pursuant to NRS 3.018 and for which the term of office expires on January 3, 2011, is hereby abolished and ceases to exist on January 3, 2011.

      Sec. 11.  On January 3, 2011, there are hereby created two offices of district judge who must be judges for the family court of the Second Judicial District pursuant to section 5 of this act and six offices of district judge who must be judges for the family court of the Eighth Judicial District pursuant to section 6 of this act. The district judges for these offices must be selected at the general election held on November 2, 2010. The term of office of these judges expires on January 5, 2015.

      Sec. 12.  1.  There is hereby appropriated from the State General Fund to the Supreme Court of Nevada the sum of $105,946 for the salaries of members of the Supreme Court Commission on Law Libraries created pursuant to section 2 of this act.

      2.  There is hereby appropriated from the State General Fund to the District Judges’ Salary Account the sum of $164,933 for the salaries of the members of the District Court Commission on Law Libraries created pursuant to section 4 of this act.

 


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ê2007 Statutes of Nevada, Page 1976 (Chapter 422, SB 556)ê

 

      3.  Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2009, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 13.  1.  This section and sections 3, 10 and 11 of this act become effective on October 1, 2007.

      2.  Section 12 of this act becomes effective on July 1, 2008, if, and only if, Senate Bill No. 248 is enacted by the 74th Session of the Nevada Legislature and approved by the Governor.

      3.  Sections 1, 2, 4 and 9 of this act become effective on January 1, 2009, if, and only if, Senate Bill No. 248 is enacted by the 74th Session of the Nevada Legislature and approved by the Governor.

      4.  Sections 5 to 8, inclusive, of this act become effective on January 3, 2011.

      5.  Sections 4 and 9 of this act expire by limitation on January 3, 2011.

      6.  Sections 1 and 2 of this act expire by limitation on December 31, 2012.

________

 

CHAPTER 423, SB 536

Senate Bill No. 536–Committee on Human Resources and Education

 

CHAPTER 423

 

AN ACT relating to public health; exempting certain entities that comply with the provisions of federal law governing the electronic transmission of certain health information from provisions of state law that provide more stringent privacy requirements; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy of certain individually identifiable health information. (Public Law No. 104-191) HIPAA and the federal regulations to carry out that Act contain provisions which address the use and disclosure of individually identifiable health information by certain covered entities, including certain health plans, health care providers and health care clearinghouses. Among the federal requirements are provisions governing the electronic transmission of such health information. (42 U.S.C. §§ 1320d et seq.)

      HIPAA further provides that if a state law imposes requirements or standards concerning the privacy of health information, the state law preempts HIPAA to the extent that the state law is more stringent than HIPAA. Section 1 of this bill changes the effect of this state law preemption with respect to the electronic transmission of individually identifiable health information by exempting a covered entity that complies with HIPAA from any state law governing the privacy of health information which is more stringent. Section 1 also requires a covered entity that makes individually identifiable health information available electronically to allow a person under certain circumstances to opt out of having his individually identifiable health information disclosed electronically to other covered entities.

 


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ê2007 Statutes of Nevada, Page 1977 (Chapter 423, SB 536)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information.

      2.  A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his individually identifiable health information disclosed electronically to other covered entities, except:

      (a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

      (b) As otherwise required by a state law.

      (c) That a person who is a recipient of Medicaid or insurance pursuant to the Children’s Health Insurance Program may not opt out of having his individually identifiable health information disclosed electronically.

      3.  As used in this section:

      (a) “Covered entity” has the meaning ascribed to it in 45 C.F.R. § 160.103.

      (b) “Individually identifiable health information” has the meaning ascribed to it in 45 C.F.R. § 160.103.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 441A.220 is hereby amended to read as follows:

      441A.220  All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except : [as follows:]

      1.  As otherwise provided in section 1 of this act.

      2.  For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.

      [2.] 3.  In a prosecution for a violation of this chapter.

      [3.] 4.  In a proceeding for an injunction brought pursuant to this chapter.

      [4.] 5.  In reporting the actual or suspected abuse or neglect of a child or elderly person.

      [5.] 6.  To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the Board.

      [6.] 7.  If the person who is the subject of the information consents in writing to the disclosure.

 


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ê2007 Statutes of Nevada, Page 1978 (Chapter 423, SB 536)ê

 

      [7.] 8.  Pursuant to subsection 2 of NRS 441A.320 or NRS 629.069.

      [8.] 9.  If the disclosure is made to the Department of Health and Human Services and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.

      [9.] 10.  To a firefighter, police officer or person providing emergency medical services if the Board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the Board.

      [10.] 11.  If the disclosure is authorized or required by specific statute.

      Sec. 4.  NRS 441A.230 is hereby amended to read as follows:

      441A.230  Except as otherwise provided in this chapter [,] and section 1 of this act, a person shall not make public the name of, or other personal identifying information about, a person infected with a communicable disease who has been investigated by the health authority pursuant to this chapter [,] without the consent of the person.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  NRS 442.330 is hereby amended to read as follows:

      442.330  1.  [Information] Except as otherwise provided in section 1 of this act, information obtained by the system from any source may be used only:

      (a) To investigate the causes of birth defects and other adverse birth outcomes;

      (b) To determine, evaluate and develop strategies to prevent the occurrence of birth defects and other adverse birth outcomes;

      (c) To assist in the early detection of birth defects; and

      (d) To assist in ensuring the delivery of services for children identified with birth defects.

      2.  The State Board of Health shall adopt regulations to ensure that [:] , except as otherwise provided in subsection 3 and section 1 of this act:

      (a) Access to information contained in the system is limited to persons authorized and approved by the State Health Officer or his representative who are employed by the Health Division or the University of Nevada School of Medicine.

      (b) Any information obtained by the system that would reveal the identity of a patient remains confidential.

      (c) [Except as otherwise provided in subsection 3, information] Information obtained by the system is used solely for the purposes set forth in subsection 1.

      3.  This section does not prohibit the publishing of statistical compilations relating to birth defects and other adverse birth outcomes that do not in any manner identify individual patients or individual sources of information.

      Sec. 7.  NRS 442.395 is hereby amended to read as follows:

      442.395  [If] Except as otherwise provided in section 1 of this act, if a pregnant woman is referred to the Health Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.

 


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ê2007 Statutes of Nevada, Page 1979 (Chapter 423, SB 536)ê

 

      Sec. 8.  NRS 449.720 is hereby amended to read as follows:

      449.720  1.  Every patient of a medical facility, facility for the dependent or home for individual residential care has the right to:

      [1.] (a) Receive considerate and respectful care.

      [2.] (b) Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

      [3.] (c) Refuse to participate in any medical experiments conducted at the facility.

      [4.] (d) Retain his privacy concerning his program of medical care. [Discussions of a patient’s care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient, except as otherwise provided in NRS 108.640, 442.300 to 442.330, inclusive, and 449.705, and chapter 629 of NRS, are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

      5.] (e) Have any reasonable request for services reasonably satisfied by the facility or home considering its ability to do so.

      [6.] (f) Receive continuous care from the facility or home. The patient must be informed:

      [(a)] (1) Of his appointments for treatment and the names of the persons available at the facility or home for those treatments; and

      [(b)] (2) By his physician or an authorized representative of the physician, of his need for continuing care.

      2.  Except as otherwise provided in NRS 108.640, 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS and section 1 of this act, discussions of the care of a patient, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

      Secs. 9-11.  (Deleted by amendment.)

      Sec. 12.  NRS 458.280 is hereby amended to read as follows:

      458.280  1.  Except as otherwise provided in subsection 2, NRS 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS, and section 1 of this act, the registration and other records of a treatment facility are confidential and must not be disclosed to any person not connected with the treatment facility without the consent of the patient.

      2.  The provisions of subsection 1 do not restrict the use of a patient’s records for the purpose of research into the causes and treatment of alcoholism if such information is [not] :

      (a) Not published in a way that discloses the patient’s name or other identifying information [.] ; or

      (b) Disclosed pursuant to section 1 of this act.

      Secs. 13-16.  (Deleted by amendment.)

      Sec. 17.  NRS 396.525 is hereby amended to read as follows:

      396.525  1.  Except as otherwise provided in subsection 2 [,] and section 1 of this act, the records of the genetics program concerning the clients and families of clients are confidential.

      2.  The genetics program may share information in its possession with the University of Nevada School of Medicine and the Health Division of the Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.

 


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ê2007 Statutes of Nevada, Page 1980 (Chapter 423, SB 536)ê

 

Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.

      Secs. 18-20.  (Deleted by amendment.)

      Sec. 21.  NRS 432B.280 is hereby amended to read as follows:

      432B.280  1.  [Reports] Except as otherwise provided in section 1 of this act, reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.

      2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

      (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

      (b) As otherwise authorized or required pursuant to NRS 432B.290; [or]

      (c) As otherwise required pursuant to NRS 432B.513 [,] ; or

      (d) As otherwise authorized or required pursuant to section 1 of this act,

Ê is guilty of a misdemeanor.

      Sec. 22.  (Deleted by amendment.)

      Sec. 23.  NRS 433.332 is hereby amended to read as follows:

      433.332  1.  If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. §§ [290dd-3 and 290ee-3,] 290dd, 290dd-1 or 290dd-2 or section 1 of this act, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section, “medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      Sec. 24.  NRS 433.482 is hereby amended to read as follows:

      433.482  Each client admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

      1.  To wear his own clothing, to keep and use his own personal possessions, including his toilet articles, unless those articles may be used to endanger his or others’ lives, and to keep and be allowed to spend a reasonable sum of his own money for expenses and small purchases.

      2.  To have access to individual space for storage for his private use.

      3.  To see visitors each day.

      4.  To have reasonable access to telephones, both to make and receive confidential calls.

      5.  To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:

      (a) For the purposes of this subsection, packages are not considered as correspondence; and

 


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      (b) Correspondence identified as containing a check payable to a client may be subject to control and safekeeping by the administrative officer of that facility or his designee, so long as the client’s record of treatment documents the action.

      6.  To have reasonable access to an interpreter if the client does not speak English or is hearing impaired.

      7.  To designate a person who must be kept informed by the facility of the client’s medical and mental condition, if the client signs a release allowing the facility to provide such information to the person.

      8.  [To] Except as otherwise provided in section 1 of this act, to have access to his medical records denied to any person other than:

      (a) A member of the staff of the facility or related medical personnel, as appropriate;

      (b) A person who obtains a waiver by the client of his right to keep the medical records confidential; or

      (c) A person who obtains a court order authorizing the access.

      9.  Other personal rights as specified by regulation of the Commission.

      Sec. 25.  NRS 433A.360 is hereby amended to read as follows:

      433A.360  1.  A clinical record for each client must be diligently maintained by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the client’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:

      (a) If the release is authorized or required pursuant to section 1 of this act.

      (b) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.

      [(b)] (c) The record must be released to persons authorized by the order of a court of competent jurisdiction.

      [(c)] (d) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the Division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ [6041] 15001 et seq., or the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., when the Administrator deems it necessary for the proper care of the client.

      [(d)] (e) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual clients.

      [(e)] (f) To the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which he may be entitled, information from the records may be released with the written authorization of the client or his guardian.

      [(f)] (g) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ [6041] 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:

             (1) The client is a client of that office and he or his legal representative or guardian authorizes the release of the record; or

             (2) A complaint regarding a client was received by the office or there is probable cause to believe that the client has been abused or neglected and the client:

 


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                   (I) Is unable to authorize the release of the record because of his mental or physical condition; and

                   (II) Does not have a guardian or other legal representative or is a ward of the State.

      [(g)] (h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.

      2.  As used in this section, “client” includes any person who seeks, on his own or others’ initiative, and can benefit from, care, treatment and training in a private institution or facility offering mental health services, or from treatment to competency in a private institution or facility offering mental health services.

      Sec. 26.  (Deleted by amendment.)

      Sec. 27.  NRS 629.161 is hereby amended to read as follows:

      629.161  1.  It is unlawful to retain genetic information that identifies a person, without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless retention of the genetic information is:

      (a) Authorized or required pursuant to section 1 of this act;

      (b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      [(b)] (c) Authorized pursuant to an order of a court of competent jurisdiction; or

      [(c)] (d) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person.

      2.  A person who has authorized another person to retain his genetic information may request that person to destroy the genetic information. If so requested, the person who retains that genetic information shall destroy the information, unless retention of that information is:

      (a) Authorized or required pursuant to section 1 of this act;

      (b) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

      [(b)] (c) Authorized by an order of a court of competent jurisdiction;

      [(c)] (d) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person; or

      [(d)] (e) Authorized or required by state or federal law or regulation.

      3.  Except as otherwise provided in subsection 4 or by federal law or regulation, a person who obtains the genetic information of a person for use in a study shall destroy that information upon:

      (a) The completion of the study; or

      (b) The withdrawal of the person from the study,

Ê whichever occurs first.

      4.  A person whose genetic information is used in a study may authorize the person who conducts the study to retain that genetic information after the study is completed or upon his withdrawal from the study.

      Sec. 28.  (Deleted by amendment.)

      Sec. 29.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. Except as otherwise provided in NRS 639.2357, and section 1 of this act, a pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued;

      (b) The practitioner who originally issued the prescription;

 


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      (c) A practitioner who is then treating the patient;

      (d) A member, inspector or investigator of the Board or an inspector of the Food and Drug Administration or an agent of the Investigation Division of the Department of Public Safety;

      (e) An agency of State Government charged with the responsibility of providing medical care for the patient;

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information;

      (g) Any person authorized by an order of a district court;

      (h) Any member, inspector or investigator of a professional licensing board which licenses a practitioner who orders prescriptions filled at the pharmacy;

      (i) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating to persons who are suspected of:

             (1) Misusing prescriptions to obtain excessive amounts of drugs; or

             (2) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person; [or]

      (j) A peace officer employed by a local government for the limited purpose of and to the extent necessary:

             (1) For the investigation of an alleged crime reported by an employee of the pharmacy where the crime was committed; or

             (2) To carry out a search warrant or subpoena issued pursuant to a court order [.] ; or

      (k) A county coroner, medical examiner or investigator employed by an office of a county coroner for the purpose of:

             (1) Identifying a deceased person;

             (2) Determining a cause of death; or

             (3) Performing other duties authorized by law.

      2.  Any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is issued to a county coroner, medical examiner or investigator employed by an office of a county coroner must be limited to a copy of the prescription filled or on file for:

      (a) The person whose name is on the container of the controlled substance or dangerous drug that is found on or near the body of a deceased person; or

      (b) The deceased person whose cause of death is being determined.

      3.  Except as otherwise provided in NRS 639.2357, any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face “Copy, Not Refillable—For Reference Purposes Only.” The copy must bear the name or initials of the registered pharmacist who prepared the copy.

      4.  If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

 


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      5.  As used in this section, “peace officer” does not include:

      (a) A member of the Police Department of the Nevada System of Higher Education.

      (b) A school police officer who is appointed or employed pursuant to NRS 391.100.

      Secs. 30-32(Deleted by amendment.)

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CHAPTER 424, SB 401

Senate Bill No. 401–Senators Horsford, Titus, Care, Coffin and Woodhouse

 

Joint Sponsors: Assemblymen Segerblom, Atkinson, Leslie and Bobzien

 

CHAPTER 424

 

AN ACT relating to elections; requiring each county clerk to collect certain information regarding elections and to submit that information to the Secretary of State; requiring the Secretary of State to compile the information collected from the county clerks into a report to be submitted to the Legislature; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      This bill requires the Secretary of State to compile and submit to the Legislature a report concerning each election. Each county clerk is required to collect information on each election regarding uncounted ballots, malfunctions of mechanical voting machines, unopened polling places, challenges to voter eligibility, complaints regarding ballots cast by mail, election audits and provisional ballots. Each county clerk must submit the collected information to the Secretary of State within 60 days after each election. The Secretary of State must compile the information submitted by the county clerks and collected by the Secretary of State from political parties and through the use of his website into a report to be submitted to each regular session of the Legislature.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each county clerk shall collect the following information regarding each primary and general election, on a form provided by the Secretary of State and made available at each polling place in the county, each polling place for early voting in the county, the office of the county clerk and any other location deemed appropriate by the Secretary of State:

      (a) The number of ballots that have been discarded or for any reason not included in the final canvass of votes, along with an explanation for the exclusion of each such ballot from the final canvass of votes.

      (b) A report on each malfunction of any mechanical voting system, including, without limitation:

 


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             (1) Any known reason for the malfunction;

             (2) The length of time during which the mechanical voting system could not be used;

             (3) Any remedy for the malfunction which was used at the time of the malfunction; and

             (4) Any effect the malfunction had on the election process.

      (c) A list of each polling place not open during the time prescribed pursuant to NRS 293.273 and an account explaining why each such polling place was not open during the time prescribed pursuant to NRS 293.273.

      (d) A description of each challenge made to the eligibility of a voter pursuant to NRS 293.303 and the result of each such challenge.

      (e) A description of each complaint regarding a ballot cast by mail filed with the county clerk and the resolution, if any, of the complaint.

      (f) The results of any audit of election procedures and practices conducted pursuant to regulations adopted by the Secretary of State pursuant to this chapter.

      (g) The number of provisional ballots cast and the reason for the casting of each provisional ballot.

      2.  Each county clerk shall submit to the Secretary of State, on a form provided by the Secretary of State, the information collected pursuant to subsection 1 not more than 60 days after each primary and general election.

      3.  The Secretary of State may contact any political party and request information to assist in the investigation of any allegation of voter intimidation.

      4.  The Secretary of State shall establish and maintain an Internet website pursuant to which he shall solicit and collect voter comments regarding election processes.

      5.  The Secretary of State shall compile the information and comments collected pursuant to this section into a report that he shall submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature not later than 30 days before the start of each regular session of the Legislature.

      6.  The Secretary of State may make the report required pursuant to subsection 5 available on an Internet website established and maintained by the Secretary of State.

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CHAPTER 425, SB 324

Senate Bill No. 324–Committee on Taxation

 

CHAPTER 425

 

AN ACT relating to motor vehicle products; requiring the State Board of Agriculture to adopt by regulation certain specifications for motor vehicle fuel; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law regulates the sale of motor vehicle fuel and requires the State Board of Agriculture to adopt regulations setting forth the standards for motor vehicle fuel used in internal combustion engines. (NRS 590.010-590.150) This bill requires the Board to adopt by regulation specifications for motor vehicle fuel: (1) based upon scientific evidence which demonstrates that any motor vehicle fuel which is produced in accordance with the specifications is of sufficient quality to ensure appropriate performance when used in a motor vehicle in this State; or (2) proposed by an air pollution control agency to attain or maintain national ambient air quality standards in any area of this State. This bill also requires the Board to adopt by regulation procedures for allowing variances from the specifications for motor vehicle fuel.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 590.070 is hereby amended to read as follows:

      590.070  1.  The State Board of Agriculture shall adopt [regulations relating to the standards] by regulation specifications for motor vehicle fuel [and petroleum products used in internal combustion engines.] :

      (a) Based upon scientific evidence which demonstrates that any motor vehicle fuel which is produced in accordance with the specifications is of sufficient quality to ensure appropriate performance when used in a motor vehicle in this State; or

      (b) Proposed by an air pollution control agency to attain or maintain national ambient air quality standards in any area of this State. As used in this paragraph, “air pollution control agency” means any federal air pollution control agency or any state, regional or local agency that has the authority pursuant to chapter 445B of NRS to regulate or control air pollution or air quality in any area of this State.

      2.  The State Board of Agriculture shall adopt by regulation procedures for allowing variances from the specifications for motor vehicle fuel adopted pursuant to this section.

      3.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, motor vehicle fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

      [3.] 4.  This section does not apply to aviation fuel.

      [4.] 5.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

 

Link to Page 1987