Link to Page 512

 

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ê2011 Statutes of Nevada, Page 513ê

 

CHAPTER 115, SB 229

Senate Bill No. 229–Senators Denis, Wiener, Breeden; and Kihuen

 

Joint Sponsors: Assemblymen Bobzien, Smith; Benitez-Thompson, Brooks, Bustamante Adams, Carrillo, Flores and Mastroluca

 

CHAPTER 115

 

[Approved: May 24, 2011]

 

AN ACT relating to education; revising the elements and goals which must be included in the policy adopted by the State Board of Education to encourage parental and family involvement in supporting the education of their children; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill revises the requirements for the policy adopted by the State Board of Education to encourage parental and family involvement to support the education of their children. (NRS 392.457) This bill requires the revised policy to include: (1) promotion of an atmosphere for parents and families to visit the school that their children attend and feel welcome, valued and connected to the staff of the school, other parents and families and to the education of their children; (2) promotion of regular, two-way, meaningful communication between parents, families and schools relating to learning by pupils; (3) collaboration among parents, families and schools to support learning by pupils and healthy development of pupils at home and school; (4) empowerment of parents and families to advocate for their children and the children of other parents and families to ensure that all pupils are treated fairly and have access to learning opportunities that support pupil achievement; (5) promotion of an equal partnership between parents, families and schools in making decisions that affect children, parents and families; and (6) collaboration of parents, families and schools with the community.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 392.457 is hereby amended to read as follows:

     392.457  1.  The State Board shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State and individual parents and legal guardians whose children are enrolled in public schools throughout this State, adopt a policy to encourage effective involvement by parents and families in support of their children and the education of their children. The policy adopted by the State Board must be considered when the Board:

     (a) Consults with the boards of trustees of school districts in the adoption of policies pursuant to subsection 3; and

     (b) Interacts with school districts, public schools, educational personnel, parents and legal guardians of pupils, and members of the general public in carrying out its duties pursuant to this title.

     2.  The policy adopted by the State Board pursuant to subsection 1 must include the following elements and goals:

 


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ê2011 Statutes of Nevada, Page 514 (Chapter 115, SB 229)ê

 

     (a) Promotion of an atmosphere for parents and families to visit the school that their children attend and feel welcome, valued and connected to the staff of the school, other parents and families and to the education of their children.

     (b) Promotion of regular, two-way, meaningful communication between [home] parents, families and [school.

     (b) Promotion and support of responsible parenting.

     (c) Recognition of the fact that parents and families play an integral role in assisting their children to learn.

     (d) Promotion of a safe and open atmosphere for parents and families to visit the school that their children attend and active solicitation of parental and familial support and assistance for school programs.

     (e) Inclusion of parents as full partners in decisions affecting their children and families.

     (f) Availability of community resources to strengthen and promote school programs, family practices and the achievement of pupils.] schools relating to learning by pupils.

     (c) Collaboration among parents, families and schools to support learning by pupils and healthy development of pupils at home and school.

     (d) Empowerment of parents and families to advocate for their children and the children of other parents and families to ensure that all pupils are treated fairly and have access to learning opportunities that support pupil achievement.

     (e) Promotion of an equal partnership between parents, families and schools in making decisions that affect children, parents and families and in informing, influencing and creating school policies, practices and programs.

     (f) Collaboration of parents, families and schools with the community to connect pupils, parents, families and schools with learning opportunities, community services and civic participation.

     3.  The board of trustees of each school district shall, in consultation with the State Board, educational personnel, local associations and organizations of parents whose children are enrolled in public schools of the school district and individual parents and legal guardians whose children are enrolled in public schools of the school district, adopt policies to encourage effective involvement by parents and families in support of their children and the education of their children. The policies adopted pursuant to this subsection must:

     (a) Be consistent, to the extent applicable, with the policy adopted by the State Board pursuant to subsection 1;

     (b) Include the elements and goals specified in subsection 2; and

     (c) Comply with the parental involvement policy required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

     4.  The State Board and the board of trustees of each school district shall, at least once each year, review and amend their respective policies as necessary.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 515ê

 

CHAPTER 116, SB 393

Senate Bill No. 393–Committee on Government Affairs

 

CHAPTER 116

 

[Approved: May 24, 2011]

 

AN ACT relating to unincorporated towns; providing for the extension of the debts, laws, ordinances, regulations and municipal taxes of an unincorporated town to any territory annexed by the unincorporated town; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, when a city in a county whose population is 700,000 or more (currently Clark County) annexes territory, that territory and its inhabitants and property become subject to the debts, laws, ordinances and regulations of the city and are entitled to the same privileges and benefits as other parts of the city. Additionally, the territory is subject to the municipal taxes of the city levied for the fiscal year following the date of annexation. (NRS 268.598)

       This bill establishes the same provisions for an unincorporated town that annexes territory in a county whose population is 700,000 or more.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

     In a county whose population is 700,000 or more, from and after the effective date of the annexation of territory by an unincorporated town, the territory annexed and its inhabitants and property are subject to all debts, laws, ordinances and regulations in force in the annexing unincorporated town and are entitled to the same privileges and benefits as other parts of the annexing unincorporated town. The newly annexed territory is subject to municipal taxes levied by the annexing unincorporated town for the fiscal year following the effective date of annexation.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 516ê

 

CHAPTER 117, AB 483

Assembly Bill No. 483–Committee on Ways and Means

 

CHAPTER 117

 

[Approved: May 26, 2011]

 

AN ACT making a supplemental appropriation to the State Distributive School Account for unanticipated shortfalls in Fiscal Year 2010-2011 in certain tax revenue; and providing other matters properly relating thereto.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030 the sum of $96,983,227 to cover unanticipated shortfalls in the revenue from the Local School Support Tax and the ad valorem tax pursuant to subsection 1 of NRS 387.195. This appropriation is supplemental to that made by section 4 of chapter 389, Statutes of Nevada 2009, at page 2129.

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

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ê2011 Statutes of Nevada, Page 517ê

 

CHAPTER 118, AB 23

Assembly Bill No. 23–Committee on Commerce and Labor

 

CHAPTER 118

 

[Approved: May 27, 2011]

 

AN ACT relating to insurance; enacting the Interstate Insurance Product Regulation Compact; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Interstate Insurance Product Regulation Compact is an interstate compact which addresses issues relating to the regulation of certain insurance products in states which are members of the Compact. The Compact creates an Interstate Insurance Product Regulation Commission which establishes uniform standards for certain insurance products and advertising relating to these insurance products. These uniform standards will govern those insurance products and advertising in lieu of other Nevada statutes and regulations under certain circumstances. The Compact also requires states that have enacted the Compact to choose a person to serve as a representative to the Commission.

       Section 2 of this bill enacts, without any modifications, the language of the Interstate Insurance Product Regulation Compact as written by the National Association of Insurance Commissioners. Section 3 of this bill designates the Commissioner of Insurance as Nevada’s representative to the Interstate Insurance Product Regulation Commission. Section 4 of this bill requires the Commissioner to opt out of any uniform standard which is less protective than a law of this State and provides that the State of Nevada opts out of all uniform standards involving long-term care insurance products. Section 5 of this bill requires the Commissioner to report to the 77th Session of the Nevada Legislature concerning the status of the uniform standards involving long-term care insurance products.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2, 3 and 4 of this act.

     Sec. 2.  The Interstate Insurance Product Regulation Compact, set forth in this section, is hereby enacted into law and entered into with all jurisdictions substantially as follows:

 

Article I.  Purposes

 

The purposes of this Compact are, through means of joint and cooperative action among the Compacting States:

     1.  To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products;

     2.  To develop uniform standards for insurance products covered under the Compact;

     3.  To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more Compacting States;

 


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ê2011 Statutes of Nevada, Page 518 (Chapter 118, AB 23)ê

 

cases, advertisements related thereto, submitted by insurers authorized to do business in one or more Compacting States;

     4.  To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;

     5.  To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the Compact;

     6.  To create the Interstate Insurance Product Regulation Commission; and

     7.  To perform these and such other related functions as may be consistent with the state regulation of the business of insurance.

 

Article II.  Definitions

 

For purposes of this Compact:

     1.  “Advertisement” means any material designed to create public interest in a Product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a policy, as more specifically defined in the Rules and Operating Procedures of the Commission.

     2.  “Bylaws” mean those bylaws established by the Commission for its governance, or for directing or controlling the Commission’s actions or conduct.

     3.  “Compacting State” means any State which has enacted this Compact legislation and which has not withdrawn pursuant to Article XIV, Section 1, or been terminated pursuant to Article XIV, Section 2.

     4.  “Commission” means the “Interstate Insurance Product Regulation Commission” established by this Compact.

     5.  “Commissioner” means the chief insurance regulatory official of a State including, but not limited to commissioner, superintendent, director or administrator.

     6.  “Domiciliary State” means the state in which an Insurer is incorporated or organized; or, in the case of an alien Insurer, its state of entry.

     7.  “Insurer” means any entity licensed by a State to issue contracts of insurance for any of the lines of insurance covered by this Act.

     8.  “Member” means the person chosen by a Compacting State as its representative to the Commission, or his or her designee.

     9.  “Non-compacting State” means any State which is not at the time a Compacting State.

     10.  “Operating Procedures” mean procedures promulgated by the Commission implementing a Rule, Uniform Standard or a provision of this Compact.

     11.  “Product” means the form of a policy or contract, including any application, endorsement, or related form which is attached to and made a part of the policy or contract, and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income or long-term care insurance product that an Insurer is authorized to issue.

     12.  “Rule” means a statement of general or particular applicability and future effect promulgated by the Commission, including a Uniform Standard developed pursuant to Article VII of this Compact, designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of the Commission, which shall have the force and effect of law in the Compacting States.

 


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ê2011 Statutes of Nevada, Page 519 (Chapter 118, AB 23)ê

 

organization, procedure, or practice requirements of the Commission, which shall have the force and effect of law in the Compacting States.

     13.  “State” means any state, district or territory of the United States of America.

     14.  “Third-Party Filer” means an entity that submits a Product filing to the Commission on behalf of an Insurer.

     15.  “Uniform Standard” means a standard adopted by the Commission for a Product line, pursuant to Article VII of this Compact, and shall include all of the Product requirements in aggregate; provided, that each Uniform Standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading or ambiguous provisions in a Product and the form of the Product made available to the public shall not be unfair, inequitable or against public policy as determined by the Commission.

 

Article III.  Establishment of the Commission and Venue

 

     1.  The Compacting States hereby create and establish a joint public agency known as the “Interstate Insurance Product Regulation Commission.” Pursuant to Article IV, the Commission will have the power to develop Uniform Standards for Product lines, receive and provide prompt review of Products filed therewith, and give approval to those Product filings satisfying applicable Uniform Standards; provided, it is not intended for the Commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall prohibit any Insurer from filing its product in any State wherein the Insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the State where filed.

     2.  The Commission is a body corporate and politic, and an instrumentality of the Compacting States.

     3.  The Commission is solely responsible for its liabilities except as otherwise specifically provided in this Compact.

     4.  Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a Court of competent jurisdiction where the principal office of the Commission is located.

 

Article IV.  Powers of the Commission

 

The Commission shall have the following powers:

     1.  To promulgate Rules, pursuant to Article VII of this Compact, which shall have the force and effect of law and shall be binding in the Compacting States to the extent and in the manner provided in this Compact;

     2.  To exercise its rule-making authority and establish reasonable Uniform Standards for Products covered under the Compact, and Advertisement related thereto, which shall have the force and effect of law and shall be binding in the Compacting States, but only for those Products filed with the Commission, provided, that a Compacting State shall have the right to opt out of such Uniform Standard pursuant to Article VII, to the extent and in the manner provided in this Compact, and, provided further, that any Uniform Standard established by the Commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the National Association of Insurance Commissioners’ Long-Term Care Insurance Model Act and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001.

 


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ê2011 Statutes of Nevada, Page 520 (Chapter 118, AB 23)ê

 

long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the National Association of Insurance Commissioners’ Long-Term Care Insurance Model Act and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001. The Commission shall consider whether any subsequent amendments to the NAIC Long-Term Care Insurance Model Act or Long-Term Care Insurance Model Regulation adopted by the NAIC require amending of the Uniform Standards established by the Commission for long-term care insurance products;

     3.  To receive and review in an expeditious manner Products filed with the Commission, and rate filings for disability income and long-term care insurance Products, and give approval of those Products and rate filings that satisfy the applicable Uniform Standard, where such approval shall have the force and effect of law and be binding on the Compacting States to the extent and in the manner provided in the Compact;

     4.  To receive and review in an expeditious manner Advertisement relating to long-term care insurance products for which Uniform Standards have been adopted by the Commission, and give approval to all Advertisement that satisfies the applicable Uniform Standard. For any product covered under this Compact, other than long-term care insurance products, the Commission shall have the authority to require an insurer to submit all or any part of its Advertisement with respect to that product for review or approval prior to use, if the Commission determines that the nature of the product is such that an Advertisement of the product could have the capacity or tendency to mislead the public. The actions of the Commission as provided in this section shall have the force and effect of law and shall be binding in the Compacting States to the extent and in the manner provided in the Compact;

     5.  To exercise its rule-making authority and designate Products and Advertisement that may be subject to a self-certification process without the need for prior approval by the Commission.

     6.  To promulgate Operating Procedures, pursuant to Article VII of this Compact, which shall be binding in the Compacting States to the extent and in the manner provided in this Compact;

     7.  To bring and prosecute legal proceedings or actions in its name as the Commission; provided, that the standing of any state insurance department to sue or be sued under applicable law shall not be affected;

     8.  To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence;

     9.  To establish and maintain offices;

     10.  To purchase and maintain insurance and bonds;

     11.  To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compacting State;

     12.  To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of the Compact, and determine their qualifications; and to establish the Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel;

 


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ê2011 Statutes of Nevada, Page 521 (Chapter 118, AB 23)ê

 

     13.  To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

     14.  To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

     15.  To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

     16.  To remit filing fees to Compacting States as may be set forth in the Bylaws, Rules or Operating Procedures;

     17.  To enforce compliance by Compacting States with Rules, Uniform Standards, Operating Procedures and Bylaws;

     18.  To provide for dispute resolution among Compacting States;

     19.  To advise Compacting States on issues relating to Insurers domiciled or doing business in Non-compacting jurisdictions, consistent with the purposes of this Compact;

     20.  To provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments;

     21.  To establish a budget and make expenditures;

     22.  To borrow money;

     23.  To appoint committees, including advisory committees comprising Members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives, and such other interested persons as may be designated in the Bylaws;

     24.  To provide and receive information from, and to cooperate with law enforcement agencies;

     25.  To adopt and use a corporate seal; and

     26.  To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of the business of insurance.

 

Article V.  Organization of the Commission

 

     1.  Membership, Voting and Bylaws

     a. Each Compacting State shall have and be limited to one Member. Each Member shall be qualified to serve in that capacity pursuant to applicable law of the Compacting State. Any Member may be removed or suspended from office as provided by the law of the State from which he or she shall be appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compacting State wherein the vacancy exists. Nothing herein shall be construed to affect the manner in which a Compacting State determines the election or appointment and qualification of its own Commissioner.

     b. Each Member shall be entitled to one vote and shall have an opportunity to participate in the governance of the Commission in accordance with the Bylaws. Notwithstanding any provision herein to the contrary, no action of the Commission with respect to the promulgation of a Uniform Standard shall be effective unless two-thirds (2/3) of the Members vote in favor thereof.

 


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ê2011 Statutes of Nevada, Page 522 (Chapter 118, AB 23)ê

 

     c. The Commission shall, by a majority of the Members, prescribe Bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes, and exercise the powers, of the Compact, including, but not limited to:

           i. Establishing the fiscal year of the Commission;

           ii. Providing reasonable procedures for appointing and electing members, as well as holding meetings, of the Management Committee;

           iii. Providing reasonable standards and procedures: (i) for the establishment and meetings of other committees, and (ii) governing any general or specific delegation of any authority or function of the Commission;

           iv. Providing reasonable procedures for calling and conducting meetings of the Commission that consists of a majority of Commission members, ensuring reasonable advance notice of each such meeting and providing for the right of citizens to attend each such meeting with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and insurers’ proprietary information, including trade secrets. The Commission may meet in camera only after a majority of the entire membership votes to close a meeting en toto or in part. As soon as practicable, the Commission must make public (i) a copy of the vote to close the meeting revealing the vote of each Member with no proxy votes allowed, and (ii) votes taken during such meeting;

           v. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission;

           vi. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission;

           vii. Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; and

           viii. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations.

     d. The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compacting States.

     2.  Management Committee, Officers and Personnel

     a. A Management Committee comprising no more than fourteen (14) members shall be established as follows:

           i. One (1) member from each of the six (6) Compacting States with the largest premium volume for individual and group annuities, life, disability income and long-term care insurance products, determined from the records of the NAIC for the prior year;

           ii. Four (4) members from those Compacting States with at least two percent (2%) of the market based on the premium volume described above, other than the six (6) Compacting States with the largest premium volume, selected on a rotating basis as provided in the Bylaws; and

 


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ê2011 Statutes of Nevada, Page 523 (Chapter 118, AB 23)ê

 

           iii. Four (4) members from those Compacting States with less than two percent (2%) of the market, based on the premium volume described above, with one (1) selected from each of the four (4) zone regions of the NAIC as provided in the Bylaws.

     b. The Management Committee shall have such authority and duties as may be set forth in the Bylaws, including but not limited to:

           i. Managing the affairs of the Commission in a manner consistent with the Bylaws and purposes of the Commission;

           ii. Establishing and overseeing an organizational structure within, and appropriate procedures for, the Commission to provide for the creation of Uniform Standards and other Rules, receipt and review of product filings, administrative and technical support functions, review of decisions regarding the disapproval of a product filing, and the review of elections made by a Compacting State to opt out of a Uniform Standard; provided that a Uniform Standard shall not be submitted to the Compacting States for adoption unless approved by two-thirds (2/3) of the members of the Management Committee;

           iii. Overseeing the offices of the Commission; and

           iv. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Commission.

     c. The Commission shall elect annually officers from the Management Committee, with each having such authority and duties, as may be specified in the Bylaws.

     d. The Management Committee may, subject to the approval of the Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Commission may deem appropriate. The executive director shall serve as secretary to the Commission, but shall not be a Member of the Commission. The executive director shall hire and supervise such other staff as may be authorized by the Commission.

     3.  Legislative and Advisory Committees

     a. A legislative committee comprising state legislators or their designees shall be established to monitor the operations of, and make recommendations to, the Commission, including the Management Committee; provided that the manner of selection and term of any legislative committee member shall be as set forth in the Bylaws. Prior to the adoption by the Commission of any Uniform Standard, revision to the Bylaws, annual budget or other significant matter as may be provided in the Bylaws, the Management Committee shall consult with and report to the legislative committee.

     b. The Commission shall establish two (2) advisory committees, one of which shall comprise consumer representatives independent of the insurance industry, and the other comprising insurance industry representatives.

     c. The Commission may establish additional advisory committees as its Bylaws may provide for the carrying out of its functions.

     4.  Corporate Records of the Commission

     The Commission shall maintain its corporate books and records in accordance with the Bylaws.

 


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ê2011 Statutes of Nevada, Page 524 (Chapter 118, AB 23)ê

 

     5.  Qualified Immunity, Defense and Indemnification

     a. The Members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of that person.

     b. The Commission shall defend any Member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person’s intentional or willful and wanton misconduct.

     c. The Commission shall indemnify and hold harmless any Member, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from the intentional or willful and wanton misconduct of that person.

 

Article VI.  Meetings and Acts of the Commission

 

     1.  The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws.

     2.  Each Member of the Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Commission. A Member shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Members’ participation in meetings by telephone or other means of communication.

     3.  The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws.

 

Article VII.  Rules and Operating Procedures: Rulemaking Functions of the Commission and Opting Out of Uniform Standards

 

     1.  Rulemaking Authority. The Commission shall promulgate reasonable Rules, including Uniform Standards, and Operating Procedures in order to effectively and efficiently achieve the purposes of this Compact.

 


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ê2011 Statutes of Nevada, Page 525 (Chapter 118, AB 23)ê

 

this Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect.

     2.  Rulemaking Procedure. Rules and Operating Procedures shall be made pursuant to a rulemaking process that conforms to the Model State Administrative Procedure Act of 1981 as amended, as may be appropriate to the operations of the Commission. Before the Commission adopts a Uniform Standard, the Commission shall give written notice to the relevant state legislative committee(s) in each Compacting State responsible for insurance issues of its intention to adopt the Uniform Standard. The Commission in adopting a Uniform Standard shall consider fully all submitted materials and issue a concise explanation of its decision.

     3.  Effective Date and Opt Out of a Uniform Standard. A Uniform Standard shall become effective ninety (90) days after its promulgation by the Commission or such later date as the Commission may determine; provided, however, that a Compacting State may opt out of a Uniform Standard as provided in this Article. “Opt out” shall be defined as any action by a Compacting State to decline to adopt or participate in a promulgated Uniform Standard. All other Rules and Operating Procedures, and amendments thereto, shall become effective as of the date specified in each Rule, Operating Procedure or amendment.

     4.  Opt Out Procedure. A Compacting State may opt out of a Uniform Standard, either by legislation or regulation duly promulgated by the Insurance Department under the Compacting State’s Administrative Procedure Act. If a Compacting State elects to opt out of a Uniform Standard by regulation, it must (a) give written notice to the Commission no later than ten (10) business days after the Uniform Standard is promulgated, or at the time the State becomes a Compacting State and (b) find that the Uniform Standard does not provide reasonable protections to the citizens of the State, given the conditions in the State. The Commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the State which warrant a departure from the Uniform Standard and determining that the Uniform Standard would not reasonably protect the citizens of the State. The Commissioner must consider and balance the following factors and find that the conditions in the State and needs of the citizens of the State outweigh: (i) the intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the Products subject to this Act; and (ii) the presumption that a Uniform Standard adopted by the Commission provides reasonable protections to consumers of the relevant Product.

Notwithstanding the foregoing, a Compacting State may, at the time of its enactment of this Compact, prospectively opt out of all Uniform Standards involving long-term care insurance products by expressly providing for such opt out in the enacted Compact, and such an opt out shall not be treated as a material variance in the offer or acceptance of any State to participate in this Compact. Such an opt out shall be effective at the time of enactment of this Compact by the Compacting State and shall apply to all existing Uniform Standards involving long-term care insurance products and those subsequently promulgated.

 


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ê2011 Statutes of Nevada, Page 526 (Chapter 118, AB 23)ê

 

     5.  Effect of Opt Out. If a Compacting State elects to opt out of a Uniform Standard, the Uniform Standard shall remain applicable in the Compacting State electing to opt out until such time the opt out legislation is enacted into law or the regulation opting out becomes effective.

Once the opt out of a Uniform Standard by a Compacting State becomes effective as provided under the laws of that State, the Uniform Standard shall have no further force and effect in that State unless and until the legislation or regulation implementing the opt out is repealed or otherwise becomes ineffective under the laws of the State. If a Compacting State opts out of a Uniform Standard after the Uniform Standard has been made effective in that State, the opt out shall have the same prospective effect as provided under Article XIV for withdrawals.

     6.  Stay of Uniform Standard. If a Compacting State has formally initiated the process of opting out of a Uniform Standard by regulation, and while the regulatory opt out is pending, the Compacting State may petition the Commission, at least fifteen (15) days before the effective date of the Uniform Standard, to stay the effectiveness of the Uniform Standard in that State. The Commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the Commission, the stay or extension thereof may postpone the effective date by up to ninety (90) days, unless affirmatively extended by the Commission; provided, a stay may not be permitted to remain in effect for more than one (1) year unless the Compacting State can show extraordinary circumstances which warrant a continuance of the stay, including, but not limited to, the existence of a legal challenge which prevents the Compacting State from opting out. A stay may be terminated by the Commission upon notice that the rulemaking process has been terminated.

     7.  Not later than thirty (30) days after a Rule or Operating Procedure is promulgated, any person may file a petition for judicial review of the Rule or Operating Procedure; provided, that the filing of such a petition shall not stay or otherwise prevent the Rule or Operating Procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Commission consistent with applicable law and shall not find the Rule or Operating Procedure to be unlawful if the Rule or Operating Procedure represents a reasonable exercise of the Commission’s authority.

 

Article VIII.  Commission Records and Enforcement

 

     1.  The Commission shall promulgate Rules establishing conditions and procedures for public inspection and copying of its information and official records, except such information and records involving the privacy of individuals and insurers’ trade secrets. The Commission may promulgate additional Rules under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

 


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ê2011 Statutes of Nevada, Page 527 (Chapter 118, AB 23)ê

 

     2.  Except as to privileged records, data and information, the laws of any Compacting State pertaining to confidentiality or nondisclosure shall not relieve any Compacting State Commissioner of the duty to disclose any relevant records, data or information to the Commission; provided, that disclosure to the Commission shall not be deemed to waive or otherwise affect any confidentiality requirement; and further provided, that, except as otherwise expressly provided in this Act, the Commission shall not be subject to the Compacting State’s laws pertaining to confidentiality and nondisclosure with respect to records, data and information in its possession. Confidential information of the Commission shall remain confidential after such information is provided to any Commissioner.

     3.  The Commission shall monitor Compacting States for compliance with duly adopted Bylaws, Rules, including Uniform Standards, and Operating Procedures. The Commission shall notify any non-complying Compacting State in writing of its noncompliance with Commission Bylaws, Rules or Operating Procedures. If a non-complying Compacting State fails to remedy its noncompliance within the time specified in the notice of noncompliance, the Compacting State shall be deemed to be in default as set forth in Article XIV.

     4.  The Commissioner of any State in which an Insurer is authorized to do business, or is conducting the business of insurance, shall continue to exercise his or her authority to oversee the market regulation of the activities of the Insurer in accordance with the provisions of the State’s law. The Commissioner’s enforcement of compliance with the Compact is governed by the following provisions:

     a. With respect to the Commissioner’s market regulation of a Product or Advertisement that is approved or certified to the Commission, the content of the Product or Advertisement shall not constitute a violation of the provisions, standards or requirements of the Compact except upon a final order of the Commission, issued at the request of a Commissioner after prior notice to the Insurer and an opportunity for hearing before the Commission.

     b. Before a Commissioner may bring an action for violation of any provision, standard or requirement of the Compact relating to the content of an Advertisement not approved or certified to the Commission, the Commission, or an authorized Commission officer or employee, must authorize the action. However, authorization pursuant to this paragraph does not require notice to the Insurer, opportunity for hearing or disclosure of requests for authorization or records of the Commission’s action on such requests.

 

Article IX.  Dispute Resolution

 

The Commission shall attempt, upon the request of a Member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more Compacting States, or between Compacting States and Non-compacting States, and the Commission shall promulgate an Operating Procedure providing for resolution of such disputes.

 


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ê2011 Statutes of Nevada, Page 528 (Chapter 118, AB 23)ê

 

Article X.  Product Filing and Approval

 

     1.  Insurers and Third-Party Filers seeking to have a Product approved by the Commission shall file the Product with, and pay applicable filing fees to, the Commission. Nothing in this Act shall be construed to restrict or otherwise prevent an insurer from filing its Product with the insurance department in any State wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the States where filed.

     2.  The Commission shall establish appropriate filing and review processes and procedures pursuant to Commission Rules and Operating Procedures. Notwithstanding any provision herein to the contrary, the Commission shall promulgate Rules to establish conditions and procedures under which the Commission will provide public access to Product filing information. In establishing such Rules, the Commission shall consider the interests of the public in having access to such information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a Product filing or supporting information.

     3.  Any Product approved by the Commission may be sold or otherwise issued in those Compacting States for which the Insurer is legally authorized to do business.

 

Article XI.  Review of Commission Decisions Regarding Filings

 

     1.  Not later than thirty (30) days after the Commission has given notice of a disapproved Product or Advertisement filed with the Commission, the Insurer or Third Party Filer whose filing was disapproved may appeal the determination to a review panel appointed by the Commission. The Commission shall promulgate Rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the Commission, in disapproving a Product or Advertisement filed with the Commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Article III, Section 4.

     2.  The Commission shall have authority to monitor, review and reconsider Products and Advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant Uniform Standard. Where appropriate, the Commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in Section 1 above.

 

Article XII.  Finance

 

     1.  The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the Commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, Compacting States and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the Commission concerning the performance of its duties shall not be compromised.

 


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ê2011 Statutes of Nevada, Page 529 (Chapter 118, AB 23)ê

 

     2.  The Commission shall collect a filing fee from each Insurer and Third Party Filer filing a product with the Commission to cover the cost of the operations and activities of the Commission and its staff in a total amount sufficient to cover the Commission’s annual budget.

     3.  The Commission’s budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in Article VII of this Compact.

     4.  The Commission shall be exempt from all taxation in and by the Compacting States.

     5.  The Commission shall not pledge the credit of any Compacting State, except by and with the appropriate legal authority of that Compacting State.

     6.  The Commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the Commission shall be subject to the accounting procedures established under its Bylaws. The financial accounts and reports including the system of internal controls and procedures of the Commission shall be audited annually by an independent certified public accountant. Upon the determination of the Commission, but no less frequently than every three (3) years, the review of the independent auditor shall include a management and performance audit of the Commission. The Commission shall make an Annual Report to the Governor and legislature of the Compacting States, which shall include a report of the independent audit. The Commission’s internal accounts shall not be confidential and such materials may be shared with the Commissioner of any Compacting State upon request provided, however, that any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers’ proprietary information, including trade secrets, shall remain confidential.

     7.  No Compacting State shall have any claim to or ownership of any property held by or vested in the Commission or to any Commission funds held pursuant to the provisions of this Compact.

 

Article XIII.  Compacting States, Effective Date and Amendment

 

     1.  Any State is eligible to become a Compacting State.

     2.  The Compact shall become effective and binding upon legislative enactment of the Compact into law by two Compacting States; provided, the Commission shall become effective for purposes of adopting Uniform Standards for, reviewing, and giving approval or disapproval of, Products filed with the Commission that satisfy applicable Uniform Standards only after twenty-six (26) States are Compacting States or, alternatively, by States representing greater than forty percent (40%) of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the NAIC for the prior year. Thereafter, it shall become effective and binding as to any other Compacting State upon enactment of the Compact into law by that State.

     3.  Amendments to the Compact may be proposed by the Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Commission and the Compacting States unless and until all Compacting States enact the amendment into law.

 


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ê2011 Statutes of Nevada, Page 530 (Chapter 118, AB 23)ê

 

Article XIV.  Withdrawal, Default and Termination

 

     1.  Withdrawal

     a. Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact (“Withdrawing State”) by enacting a statute specifically repealing the statute which enacted the Compact into law.

     b. The effective date of withdrawal is the effective date of the repealing statute. However, the withdrawal shall not apply to any product filings approved or self-certified, or any Advertisement of such products, on the date the repealing statute becomes effective, except by mutual agreement of the Commission and the Withdrawing State unless the approval is rescinded by the Withdrawing State as provided in Paragraph e of this section.

     c. The Commissioner of the Withdrawing State shall immediately notify the Management Committee in writing upon the introduction of legislation repealing this Compact in the Withdrawing State.

     d. The Commission shall notify the other Compacting States of the introduction of such legislation within ten (10) days after its receipt of notice thereof.

     e. The Withdrawing State is responsible for all obligations, duties and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the Commission and the Withdrawing State. The Commission’s approval of Products and Advertisement prior to the effective date of withdrawal shall continue to be effective and be given full force and effect in the Withdrawing State, unless formally rescinded by the Withdrawing State in the same manner as provided by the laws of the Withdrawing State for the prospective disapproval of products or advertisement previously approved under state law.

     f. Reinstatement following withdrawal of any Compacting State shall occur upon the effective date of the Withdrawing State reenacting the Compact.

     2.  Default

     a. If the Commission determines that any Compacting State has at any time defaulted (“Defaulting State”) in the performance of any of its obligations or responsibilities under this Compact, the Bylaws or duly promulgated Rules or Operating Procedures, then, after notice and hearing as set forth in the Bylaws, all rights, privileges and benefits conferred by this Compact on the Defaulting State shall be suspended from the effective date of default as fixed by the Commission. The grounds for default include, but are not limited to, failure of a Compacting State to perform its obligations or responsibilities, and any other grounds designated in Commission Rules. The Commission shall immediately notify the Defaulting State in writing of the Defaulting State’s suspension pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default.

 


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ê2011 Statutes of Nevada, Page 531 (Chapter 118, AB 23)ê

 

its default. If the Defaulting State fails to cure the default within the time period specified by the Commission, the Defaulting State shall be terminated from the Compact and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of termination.

     b. Product approvals by the Commission or product self-certifications, or any Advertisement in connection with such product, that are in force on the effective date of termination shall remain in force in the Defaulting State in the same manner as if the Defaulting State had withdrawn voluntarily pursuant to Section 1 of this article.

     c. Reinstatement following termination of any Compacting State requires a reenactment of the Compact.

     3.  Dissolution of Compact

     a. The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State.

     b. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be wound up and any surplus funds shall be distributed in accordance with the Bylaws.

 

Article XV.  Severability and Construction

 

     1.  The provisions of this Compact shall be severable; and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

     2.  The provisions of this Compact shall be liberally construed to effectuate its purposes.

 

Article XVI.  Binding Effect of Compact and Other Laws

 

     1.  Other Laws

     a. Nothing herein prevents the enforcement of any other law of a Compacting State, except as provided in Paragraph b of this section.

     b. For any Product approved or certified to the Commission, the Rules, Uniform Standards and any other requirements of the Commission shall constitute the exclusive provisions applicable to the content, approval and certification of such Products. For Advertisement that is subject to the Commission’s authority, any Rule, Uniform Standard or other requirement of the Commission which governs the content of the Advertisement shall constitute the exclusive provision that a Commissioner may apply to the content of the Advertisement. Notwithstanding the foregoing, no action taken by the Commission shall abrogate or restrict: (i) the access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the Product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including but not limited to maintaining any actions or proceedings, as authorized by law.

     c. All insurance products filed with individual States shall be subject to the laws of those States.

 


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ê2011 Statutes of Nevada, Page 532 (Chapter 118, AB 23)ê

 

     2.  Binding Effect of this Compact

     a. All lawful actions of the Commission, including all Rules and Operating Procedures promulgated by the Commission, are binding upon the Compacting States.

     b. All agreements between the Commission and the Compacting States are binding in accordance with their terms.

     c. Upon the request of a party to a conflict over the meaning or interpretation of Commission actions, and upon a majority vote of the Compacting States, the Commission may issue advisory opinions regarding the meaning or interpretation in dispute.

     d. In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by that provision upon the Commission shall be ineffective as to that Compacting State, and those obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.

     Sec. 3.  The Commissioner of Insurance is hereby designated to serve as the representative of this State to the Interstate Insurance Product Regulation Commission.

     Sec. 4.  1.  It is the policy of this State to opt out of and the Commissioner of Insurance shall by regulation opt out of any uniform standard adopted by the Interstate Insurance Product Regulation Commission which provides less protection than a law of this State or otherwise diminishes the rights of policyholders and persons applying for a policy of insurance in this State.

     2.  Upon determining, or upon becoming aware of a finding of a court of competent jurisdiction which found, that this State must opt out of a uniform standard pursuant to subsection 1, the Commissioner shall provide to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature notice of such determination or finding.

     3.  This State prospectively opts out of all uniform standards adopted by the Interstate Insurance Product Regulation Commission involving long-term care insurance products.

     Sec. 5.  The Commissioner of Insurance shall monitor the progress of the uniform standards adopted by the Interstate Insurance Product Regulation Commission involving long-term care insurance products and shall, on or before January 31, 2013, provide to the Director of the Legislative Counsel Bureau for transmittal to the 77th Session of the Nevada Legislature:

     1.  A written report regarding the progress of those uniform standards; and

     2.  Any recommendations concerning the adoption of those uniform standards, including, without limitation, the possible repeal of subsection 3 of section 4 of this act.

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ê2011 Statutes of Nevada, Page 533ê

 

CHAPTER 119, AB 56

Assembly Bill No. 56–Committee on Judiciary

 

CHAPTER 119

 

[Approved: May 27, 2011]

 

AN ACT relating to the Office of the Attorney General; authorizing the Attorney General, acting through the Medicaid Fraud Control Unit, to issue a subpoena to obtain certain documents, records or materials; authorizing the Attorney General to recover and retain certain costs and expenses that are incurred pursuant to an investigation or prosecution by the Unit; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Medicaid Fraud Control Unit within the Office of the Attorney General as the agency responsible for the investigation and prosecution of violations or offenses relating to the State Plan for Medicaid. (NRS 228.410) Section 2 of this bill authorizes the Attorney General to take appropriate legal action to recover any reasonable costs or expenses that are incurred pursuant to an investigation or prosecution by the Unit. Section 2 further authorizes the Attorney General to retain a certain amount of the costs and expenses that are recovered, and requires the Attorney General to place any amount recovered in excess of that which the Attorney General is authorized to retain in the State General Fund for the State Plan for Medicaid.

       Section 1 of this bill authorizes the Attorney General, acting through the chief executive of the Medicaid Fraud Control Unit, to issue a subpoena to obtain certain documents, records or materials relevant to an investigation or prosecution by the Unit in a civil action to recover the reasonable costs or expenses incurred pursuant to the investigation or prosecution. Additionally, a person who willfully fails or refuses to comply with such a subpoena is guilty of a misdemeanor.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  In carrying out the duties and responsibilities under NRS 228.410, the Attorney General, acting through the chief executive of the Medicaid Fraud Control Unit or his or her designee, may issue a subpoena for documents, records or materials.

     2.  The Attorney General may use any documents, records or materials produced pursuant to a subpoena issued under this section in the course of a civil action brought pursuant to NRS 228.410.

     3.  Any person who willfully fails or refuses to comply with a subpoena issued pursuant to this section is guilty of a misdemeanor.

     4.  A subpoena issued pursuant to this section must include a copy of the provisions of subsections 1, 2 and 3.

     Sec. 2.  NRS 228.410 is hereby amended to read as follows:

     228.410  1.  The Attorney General has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the Plan or in the provision of medical assistance pursuant to the Plan.

 


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ê2011 Statutes of Nevada, Page 534 (Chapter 119, AB 56)ê

 

assistance pursuant to the Plan. The provisions of this section notwithstanding, the Department of Health and Human Services and the Division of Health Care Financing and Policy of the Department of Health and Human Services shall enforce the Plan and any regulations adopted pursuant thereto.

     2.  For this purpose, the Attorney General shall establish within his or her office the Medicaid Fraud Control Unit. The Unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator who, to the extent practicable, have expertise in nursing, medicine and the administration of medical facilities.

     3.  The Attorney General, acting through the Medicaid Fraud Control Unit:

     (a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;

     (b) May conduct any investigation or prosecution authorized pursuant to 42 U.S.C. § 1396b(q);

     (c) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the Plan and, when appropriate, investigate and prosecute the persons responsible;

     [(c)] (d) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities that receive payments under the Plan and, when appropriate, shall prosecute the persons responsible;

     [(d)] (e) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the Plan, and provide those federal officers with any information in his or her possession regarding such an investigation or prosecution; and

     [(e)] (f) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out the provisions of this section [.] and section 1 of this act.

     4.  When acting pursuant to this section or NRS 228.175 , [or this section,] the Attorney General may commence an investigation and file a criminal action without leave of court, and has exclusive charge of the conduct of the prosecution.

     5.  The Attorney General may, by appropriate legal action, recover any reasonable costs or expenses incurred in conducting an investigation or prosecution pursuant to this section or section 1 of this act. The Attorney General may retain the costs and expenses recovered pursuant to this subsection up to an amount not exceeding, in the aggregate, three times the amount of any money paid by this State which matches federal grant money for the Medicaid Fraud Control Unit. Costs and expenses recovered by the Attorney General in excess of the amount retained by the Attorney General must be deposited in the State General Fund for credit to the appropriate account for the Plan.

     6.  As used in this section:

     (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

     (b) “Plan” means the State Plan for Medicaid established pursuant to NRS 422.271.

     Sec. 3.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 535ê

 

CHAPTER 120, AB 76

Assembly Bill No. 76–Committee on Government Affairs

 

CHAPTER 120

 

[Approved: May 27, 2011]

 

AN ACT relating to the Public Employees’ Benefits Program; revising provisions concerning reinstatement of insurance under the Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a retired public officer or employee of the State or a local government, or his or her surviving spouse, who has cancelled insurance provided under the Public Employees’ Benefits Program is authorized to reinstate such insurance, other than life insurance, during the so-called late enrollment period, which occurs in each even-numbered year. (NRS 287.0205, 287.0475) Sections 1 and 3 of this bill eliminate the right of biennial reinstatement for insurance provided under the Program. However, section 3, with certain exceptions, authorizes a retired public officer or employee of the State or a participating local government, or his or her surviving spouse, to reinstate insurance if the retired public officer or employee did not have more than one period during which he or she was not covered under the Program on or after October 1, 2011, or on or after the date of his or her retirement, whichever is later. Section 3 also prohibits a public officer or employee who retired from a local governmental agency, or his or her surviving spouse, from reinstating health insurance under the Program if the Board of the Program has adopted regulations that exclude such persons from participation in the Program because they are eligible for health coverage from a health and welfare plan or trust that arose out of certain collective bargaining agreements or under certain federal laws.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 287.0205 is hereby amended to read as follows:

     287.0205  1.  A public officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or is enrolled in a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased, may, except as otherwise provided in NRS 287.0475, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

     (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or

     (b) Under the Public Employees’ Benefits Program, if the last public employer of the retired officer or employee participates in the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

     2.  Reinstatement pursuant to paragraph (a) of subsection 1 must be requested by:

 


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ê2011 Statutes of Nevada, Page 536 (Chapter 120, AB 76)ê

 

     (a) Giving written notice of the intent of the public officer or employee or surviving spouse to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;

     (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

     (c) Except as otherwise provided in subparagraph (2) of paragraph (b) of subsection 4 of NRS 287.023, paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which is due from the date of reinstatement and not paid by the public employer.

Ê The last public employer shall give the insurer notice of the reinstatement not later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of the intent to reinstate the insurance.

     3.  Reinstatement pursuant to paragraph (b) of subsection 1 must be requested pursuant to NRS 287.0475.

     4.  Reinstatement of insurance pursuant to subsection 1 excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

     5.  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to the retired officer or employee and the retired officer’s or employee’s dependents at the time of retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  NRS 287.0475 is hereby amended to read as follows:

     287.0475  1.  [A] Except as otherwise provided in subsection 4, a retired public officer or employee or the surviving spouse of a retired public officer or employee who is deceased may [, in any even-numbered year,] reinstate any insurance under the Program, except life insurance, that, at the time of reinstatement, is provided by the Program if the retired public officer or employee : [retired:]

     (a) Retired:

           (1) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from a participating state agency or was enrolled in a retirement program provided pursuant to NRS 286.802; or

     [(b)] (2) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from employment with a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State which is a participating local governmental agency at the time of the request for reinstatement [.] ; and

     (b) Did not have more than one period during which the retired public officer or employee was not covered by insurance under the Program on or after October 1, 2011, or on or after the date of retirement of the public officer or employee, whichever is later.

     2.  Reinstatement pursuant to subsection 1 must be requested by:

 


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     (a) Giving written notice to the Program of the intent of the public officer or employee or surviving spouse to reinstate the insurance not later than [March 15 of an even-numbered] 31 days before the commencement of the plan year;

     (b) Accepting the Program’s current plan of insurance and any subsequent changes thereto; and

     (c) Except as otherwise provided in NRS 287.046, paying any portion of the premiums or contributions for coverage under the Program, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.

     3.  Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

     4.  If a retired public officer or employee retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from employment with a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency, the retired public officer or employee, or the surviving spouse of such a retired public officer or employee who is deceased, may not reinstate health insurance pursuant to subsection 1 if he or she is excluded from participation in the Program pursuant to sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2 of NRS 287.043.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  (Deleted by amendment.)

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ê2011 Statutes of Nevada, Page 538ê

 

CHAPTER 121, AB 110

Assembly Bill No. 110–Committee on Health and Human Services

 

CHAPTER 121

 

[Approved: May 27, 2011]

 

AN ACT relating to public welfare; requiring the Department of Health and Human Services to establish and administer the Kinship Guardianship Assistance Program; requiring the Department to adopt a state plan for the administration of the Program; authorizing agencies which provide child welfare services to enter into agreements to provide assistance under the Program; prescribing the requirements for receiving assistance pursuant to the Program; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Federal law authorizes states to establish programs to provide financial incentives to certain relatives who become the legal guardians of children in foster care. (42 U.S.C. §§ 671 and 673)

       Section 5 of this bill requires the Department of Health and Human Services to establish and administer the Kinship Guardianship Assistance Program in accordance with the Federal law to provide assistance to a relative of a child who is seeking appointment as the legal guardian of the child under certain circumstances. Section 5 also requires the Department to adopt a state plan for the administration of the Program. Sections 6-9 of this bill prescribe the requirements of the Program and set forth the conditions for the provision of assistance including, without limitation, the criteria for a child and a relative to receive assistance, the content of any agreements for assistance and the duties of agencies which provide child welfare services that provide assistance pursuant to the Program.

       Existing law provides that a person who obtains or attempts to obtain public assistance through fraudulent means is guilty of a category E felony and shall pay restitution. (NRS 422A.700) The Program is considered public assistance for purposes of imposing a penalty pursuant to that section.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

     Sec. 2.  As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, “Program” means the Kinship Guardianship Assistance Program established and administered by the Department pursuant to section 5 of this act.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  1.  The Department, through a division of the Department designated by the Director, shall establish and administer the Kinship Guardianship Assistance Program to provide assistance pursuant to the provisions of sections 2 to 9, inclusive, of this act and 42 U.S.C. §§ 671 and 673.

 


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     2.  The Department shall adopt a state plan for the administration of the Program.

     3.  An agency which provides child welfare services may enter into an agreement to provide assistance to a relative of a child pursuant to the Program. Such an agreement may be entered into with a relative who is located outside the State of Nevada. If a guardianship for the child is established in the other state, the agency which provides child welfare services must comply with any order of the court of the state in which the child resides concerning the guardianship.

     Sec. 6.  1.  As a condition to the provision of assistance pursuant to the Program:

     (a) A child must:

           (1) Have been removed from his or her home:

                (I) Pursuant to a written agreement voluntarily entered by the parent or guardian of the child and an agency which provides child welfare services; or

                (II) By a court which has determined that it is in the best interests of the child for the child to remain in protective custody or to be placed in temporary or permanent custody outside his or her home;

           (2) For not less than 6 consecutive months, have been eligible to receive maintenance pursuant to Part E of Title IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., while residing with the relative of the child;

           (3) Not have as an option for permanent placement the return to the home or the adoption of the child;

           (4) Demonstrate a strong attachment to the relative;

           (5) If the child is 14 years of age or older, be consulted regarding the guardianship arrangement; and

           (6) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.

     (b) A relative of the child must:

           (1) Demonstrate a strong commitment to caring for the child permanently;

           (2) Be a provider of family foster care as defined in NRS 424.017;

          (3) Enter into a written agreement for assistance with an agency which provides child welfare services before the relative is appointed as the legal guardian of the child;

           (4) Be appointed as the legal guardian of the child by a court of competent jurisdiction and comply with any requirements imposed by the court; and

           (5) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.

     2.  If the sibling of a child who is eligible for assistance pursuant to the Program is not eligible for such assistance, the sibling may be placed with the child who is eligible for assistance upon approval of the agency which provides child welfare services and the relative. In such a case, payments may be made for the sibling so placed as if the sibling is eligible for the Program.

     Sec. 7.  1.  An agreement for assistance entered into pursuant to the Program must include, without limitation:

 


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     (a) The amount of assistance provided under the agreement for each eligible child, which must not exceed the amount that the agency which provides child welfare services would provide to a foster parent if the child had been placed in foster care;

     (b) The manner in which the assistance will be provided;

     (c) The manner in which the agency which provides child welfare services may periodically adjust the amount of assistance, in consultation with the relative, based on the circumstances of the relative and the child;

     (d) Any additional services or assistance that the child or relative may be eligible to receive under the agreement and a description of those services or assistance;

     (e) The procedure by which the relative may apply for additional services or assistance, as needed; and

     (f) Any other requirements set forth in 42 U.S.C. §§ 671 and 673.

     2.  The agency which provides child welfare services shall provide a copy of the agreement to the relative before he or she is appointed as the legal guardian of the child.

     3.  An agreement for assistance entered into pursuant to the Program remains in effect even if the relative changes the state of his or her residence.

     4.  An agreement made pursuant to this section does not affect the eligibility of the child to receive federal assistance for his or her adoption if the child is later adopted.

     Sec. 8.  1.  An agency which provides child welfare services shall, before entering into an agreement for assistance pursuant to the Program, obtain from appropriate law enforcement agencies information on the background and personal history of each relative of a child who seeks assistance pursuant to the Program and each resident of the home of such relative who is 18 years of age or older, to determine whether the person investigated has been arrested for or convicted of any crime.

     2.  The relative and each resident of the home of such relative must submit to the agency which provides child welfare services or its approved designee:

     (a) A complete set of fingerprints and written permission authorizing the agency or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the agency or its approved designee to conduct an investigation pursuant to this subsection; and

     (b) Written permission to conduct a child abuse and neglect screening.

     Sec. 9.  If a child is appointed a legal guardian who receives assistance pursuant to the Program, an agency which provides child welfare services shall document in the case plan maintained for the child:

     1.  The steps taken by the agency which provides child welfare services to determine that adoption or returning the child to his or her home is not an appropriate placement for the child.

     2.  The reason that the child was separated from any siblings during placement, if applicable.

 


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     3.  The reasons that a permanent placement with a relative is in the best interests of the child.

     4.  That the child meets the requirements for eligibility set forth in section 6 of this act.

     5.  The efforts made by the agency which provides child welfare services to discuss adoption of the child by the relative as an alternative to appointment as the legal guardian of the child and the reason that the relative has chosen not to pursue adoption.

     6.  The efforts made by the agency which provides child welfare services to discuss with the natural parent of the child the agreement to provide assistance to a relative or the reason that the agency was unable to discuss the agreement with the natural parent of the child, as applicable.

     Sec. 10.  NRS 232.320 is hereby amended to read as follows:

     232.320  1.  The Director:

     (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

           (1) The Administrator of the Aging and Disability Services Division;

           (2) The Administrator of the Health Division;

           (3) The Administrator of the Division of Welfare and Supportive Services;

           (4) The Administrator of the Division of Child and Family Services;

           (5) The Administrator of the Division of Health Care Financing and Policy; and

           (6) The Administrator of the Division of Mental Health and Developmental Services.

     (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, sections 2 to 9, inclusive, of this act and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions.

     (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

     (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

           (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

           (2) Set forth priorities for the provision of those services;

           (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

 


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           (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

           (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

           (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

     (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

     (f) Has such other powers and duties as are provided by law.

     2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than:

     (a) The Executive Director of the Nevada Indian Commission who is appointed pursuant to NRS 233A.055; and

     (b) The State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

     Sec. 11.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 543ê

 

CHAPTER 122, AB 113

Assembly Bill No. 113–Committee on Education

 

CHAPTER 122

 

[Approved: May 27, 2011]

 

AN ACT relating to education; revising the contents of the plan to improve the academic achievement of pupils prepared by the State Board of Education to require a 5-year strategic plan; revising the dates on which determinations must be made whether public schools and school districts are making adequate yearly progress; revising various other dates for the preparation and submission of reports and plans relating to the statewide system of accountability for public schools; requiring the Department of Education to revise the testing schedule for the administration of the criterion-referenced examinations in grades 3 through 8; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the State Board of Education is required to prepare a plan to improve the academic achievement of pupils enrolled in public schools in this State. (NRS 385.34691) Section 2 of this bill revises the contents of the plan to require a 5-year strategic plan that addresses the recurring issues in improving the academic achievement of pupils, as identified by the Department of Education.

       Sections 12 and 14 of this bill revise the date on which the preliminary determination must be made whether each public school and school district is making adequate yearly progress from July 1 to August 15. Sections 12 and 14 also revise the date on which a final determination of adequate yearly progress must be made, after an opportunity for appeal based upon the preliminary determination, from August 1 to September 15.

       Under existing regulations adopted by the State Board, the criterion-referenced examinations in grades 3 through 8, the results of which are used to determine adequate yearly progress, are administered in the spring semester on the dates prescribed by the Department of Education. (NAC 389.051) Section 18 of this bill requires the Department to review the testing schedule which is in effect on July 1, 2011, and expeditiously revise the schedule to establish testing dates at least 30 days later in the spring semester based upon the changes made by this bill to the dates for the determination of adequate yearly progress. The Department is required to report to the Legislative Committee on Education regarding the revisions made to the testing schedule.

       The remaining sections of this bill revise the dates on which certain reports and plans relating to the statewide system of accountability for public schools must be prepared and submitted to account for the changes made to the dates for the determination of adequate yearly progress.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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.

 


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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 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 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 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:

           (1) 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.

           (2) Progress based upon the model adopted by the Department pursuant to NRS 385.3595, if applicable for the grade level of pupils enrolled at the school.

     (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:

 


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ê2011 Statutes of Nevada, Page 545 (Chapter 122, AB 113)ê

 

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] 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] 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] 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] 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.

     (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.

 


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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. 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. For the purposes of this paragraph, a pupil is not a transient if the pupil 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.

 


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     (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 NRS 389.805; and

                (II) Paragraph (b) of subsection 1 of NRS 389.805.

           (2) An adjusted diploma.

           (3) A certificate of attendance.

     (bb) 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 failed to pass the high school proficiency examination.

     (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:

           (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.

     (gg) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

 


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           (1) The number of pupils enrolled in a course of career and technical education;

           (2) The number of pupils who completed a course of career and technical education;

           (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

           (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

           (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

           (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

     2.  A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that 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 group for that 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] October 15 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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     (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 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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     (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 or her 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.

     (l) A 5-year strategic plan which identifies the recurring issues in improving the achievement and proficiency of pupils in this State and which establishes strategic goals to address those issues. The 5-year strategic plan must be:

           (1) Based upon the data from previous years which is collected by the Department for the plan developed pursuant to this section; and

           (2) Designed to track the progress made in achieving the strategic goals established by the Department.

     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] January 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

 


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     (a) Governor;

     (b) Committee;

     (c) Bureau;

     (d) Board of Regents of the University of Nevada;

     (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 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;

 


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     (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;

     (q) Information on the adequate yearly progress of the schools and school districts;

     (r) Pupil achievement based upon the:

           (1) Examinations administered pursuant to NRS 389.550, including, without limitation, whether public schools have made progress based upon the model adopted by the Department pursuant to NRS 385.3595; and

           (2) 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] October 20 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 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.

 


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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 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. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

     2.  The board of trustees of each school district shall, on or before [August 15] September 30 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 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 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 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.

 


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required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

           (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. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

           (10) Information on whether each school in the district, including, without limitation, each charter school in the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that 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 group for that 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] 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] 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

 


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           (5) For each elementary school:

                (I) [On and after July 1, 2005, the] 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] 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. 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:

 


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

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

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

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

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

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

     (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 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 the pupil 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 NRS 389.805; and

                (II) Paragraph (b) of subsection 1 of NRS 389.805.

 


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           (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 failed to pass the high school proficiency examination.

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

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

     (y) 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 in 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) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, information on pupils enrolled in career and technical education, including, without limitation:

 


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           (1) The number of pupils enrolled in a course of career and technical education;

           (2) The number of pupils who completed a course of career and technical education;

           (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

           (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

           (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

           (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

     (ee) 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 the teacher is employed for one of the following reasons:

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

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

     4.  The 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.

 


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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] September 30 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] September 30 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.

     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.

 


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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 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 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.

 


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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 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.

     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] January 31 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

 


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     (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] October 20 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. 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 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. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

     Sec. 7.  NRS 385.357 is hereby amended to read as follows:

     385.357  1.  Except as otherwise provided in NRS 385.37603 and 385.37607, 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.

 


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     (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

     (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

     (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.

     (e) Annual measurable objectives, consistent with the annual measurable objectives established by the State Board pursuant to NRS 385.361, for the continuous and substantial progress by each group of pupils identified in paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each group will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.

     (f) Strategies, consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children.

     (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

     (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

           (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                (I) The curriculum appropriate to improve achievement;

                (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361;

           (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

           (3) Integrate technology into the instructional and administrative programs of the school;

           (4) Manage effectively the discipline of pupils; and

           (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

     (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

     (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

 


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     (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.

     (p) A budget of the overall cost for carrying out the plan.

     3.  In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

     4.  Except as otherwise provided in subsection 5, the principal of each school shall, in consultation with the employees of the school:

     (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

     (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

     5.  If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623 and a support team has been established for the school, the support team shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS 385.36127. If the school is a Title I school that has been designated as demonstrating need for improvement, the support team established for the school shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the support team, outside experts.

     6.  On or before [November 1] December 15 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:

     (a) If the school is a public school of the school district, the superintendent of schools of the school district.

     (b) If the school is a charter school, the governing body of the charter school.

     7.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto.

 


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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.

     9.  On or before [December 15] January 31 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the final plan or the final revised plan, as applicable, to the:

     (a) Superintendent of Public Instruction;

     (b) Governor;

     (c) State Board;

     (d) Department;

     (e) Committee;

     (f) Bureau; and

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

     10.  A plan for the improvement of a school must be carried out expeditiously, but not later than [January 1] February 15 after approval of the plan pursuant to subsection 7 or 8, as applicable.

     Sec. 8.  NRS 385.358 is hereby amended to read as follows:

     385.358  1.  The principal of each public school, including, without limitation, each charter school, shall prepare a summary of accountability information 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 only for the school;

     (b) Information on the involvement of parents and legal guardians in the education of their children; and

     (c) Such other information as is directed by the Superintendent of Public Instruction in consultation with the Bureau.

     2.  The summary prepared pursuant to subsection 1 must 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 principal of a school 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.

 


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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] October 20 of each year:

     (a) The principal of each public school shall submit the summary in electronic format to the:

           (1) Department;

           (2) Bureau; and

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

     (b) The school district in which the school is located shall ensure that the summary is posted on the Internet website maintained by the school, if any, or the Internet website maintained by the school district, if any. If the summary is not posted on the website of the school or the school district, the school district shall otherwise provide for public dissemination of the summary.

     (c) The principal of each public school shall ensure that the parents and legal guardians of the pupils enrolled in the school have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website, if any, and how a parent or guardian may otherwise access the summary.

     (d) The principal of each public school shall provide a written copy of the summary to each parent and legal guardian of a pupil enrolled in the school.

     Sec. 9.  NRS 385.36127 is hereby amended to read as follows:

     385.36127  1.  If a school support team is established pursuant to the regulations adopted by the State Board pursuant to NRS 385.361, the support team shall:

     (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

     (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

     (c) Review the most recent plan to improve the achievement of the school’s pupils.

     (d) Review the information concerning the educational involvement accords provided to the support team pursuant to NRS 392.4575 and the information concerning the reports provided to the support team pursuant to NRS 392.456.

     (e) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

     (f) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

     (g) Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school, the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school.

 


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for the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department. For a charter school sponsored by a college or university within the Nevada System of Higher Education, the support team shall make the recommendations to the sponsor, the State Board and the Department.

     (h) In accordance with its findings pursuant to this section and NRS 385.36129, submit, on or before [November 1,] December 15, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357, or submit, on or before May 1, written recommendations for revisions to the turnaround plan for the school implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, whichever is applicable for the school. The written revisions or recommendations, as applicable, must:

           (1) Comply with NRS 385.357 if the school has demonstrated need for improvement for less than 5 years or with NRS 385.37603 or 385.37607, as applicable, if the school has demonstrated need for improvement for 5 or more consecutive years;

           (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

           (3) Include the data and findings of the support team that provide support for the revisions;

           (4) Set forth goals, objectives, tasks and measures for the school that are:

                (I) Designed to improve the achievement of the school’s pupils;

                (II) Specific;

                (III) Measurable; and

                (IV) Conducive to reliable evaluation;

           (5) Set forth a timeline to carry out the revisions;

           (6) Set forth priorities for the school in carrying out the revisions; and

           (7) Set forth the name and duties of each person who is responsible for carrying out the revisions.

     (i) Except as otherwise provided in this paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school. If a charter school is sponsored by a college or university within the Nevada System of Higher Education, that institution shall assist the school with carrying out and monitoring the plan for improvement of the school.

     (j) Prepare a quarterly progress report in the format prescribed by the Department and:

           (1) Submit the progress report to the Department.

           (2) Distribute copies of the progress report to each employee of the school for review.

     (k) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

 


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     2.  A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

     3.  The Department shall prescribe a concise quarterly progress report for use by each support team in accordance with paragraph (j) of subsection 1.

     Sec. 10.  NRS 385.36129 is hereby amended to read as follows:

     385.36129  1.  In addition to the duties prescribed in NRS 385.36127, a support team established for a school shall prepare an annual written report that includes:

     (a) Information concerning the most recent plan to improve the achievement of the school’s pupils, the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, including, without limitation, an evaluation of:

           (1) The appropriateness of the plan for the school; and

           (2) Whether the school has achieved the goals and objectives set forth in the plan;

     (b) The written revisions to the plan to improve the achievement of the school’s pupils or written recommendations for revisions to the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, submitted by the support team pursuant to NRS 385.36127;

     (c) A summary of each program for remediation, if any, purchased for the school with money that is available from the Federal Government, this state and the school district in which the school is located, including, without limitation:

           (1) The name of the program;

           (2) The date on which the program was purchased and the date on which the program was carried out by the school;

           (3) The percentage of personnel at the school who were trained regarding the use of the program;

           (4) The satisfaction of the personnel at the school with the program; and

          (5) An evaluation of whether the program has improved the academic achievement of the pupils enrolled in the school who participated in the program;

     (d) An analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating need for improvement, including, without limitation, issues relating to:

           (1) The financial resources of the school;

           (2) The administrative and educational personnel of the school;

           (3) The curriculum of the school;

           (4) The facilities available at the school, including the availability and accessibility of educational technology; and

           (5) Any other factors that the support team believes contributed to the designation of the school as demonstrating need for improvement; and

     (e) Other information concerning the school, including, without limitation:

           (1) The results of the pupils who are enrolled in the school on the examinations that are administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable;

 


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           (2) Records of the attendance and truancy of pupils who are enrolled in the school;

           (3) The transiency rate of pupils who are enrolled in the school;

           (4) A description of the number of years that each teacher has provided instruction at the school and the rate of turnover of teachers and other educational personnel employed at the school;

           (5) A description of the participation of parents and legal guardians in the educational process and other activities relating to the school;

           (6) A description of each source of money for the remediation of pupils who are enrolled in the school; and

           (7) A description of the disciplinary problems of the pupils who are enrolled in the school, including, without limitation, the information contained in paragraphs (k) to (n), inclusive, of subsection 2 of NRS 385.347.

     2.  On or before [November 1,] December 15, the support team shall submit a copy of the final written report to the:

     (a) Principal of the school;

     (b) Board of trustees of the school district in which the school is located;

     (c) Superintendent of schools of the school district in which the school is located;

     (d) Department; and

     (e) Bureau.

Ê The support team shall make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school.

     Sec. 11.  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] July 31 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] July 31 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 or by a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Board or the institution that sponsors the charter school, as applicable. 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] July 31 of each year, [as applicable,] the Department shall transmit:

     (a) Except as otherwise provided in paragraph (b) or (c), 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.

     (c) The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.

 


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     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 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 group identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual measurable objectives of the State Board.

     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 group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils in the 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 group enrolled in the school who were required to take the examinations.

     6.  If the number of pupils in a particular 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 group.

     (b) The pupils in such a 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 group for that 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. 12.  NRS 385.366 is hereby amended to read as follows:

     385.366  1.  Based upon the information received from the Department pursuant to NRS 385.3613, the board of trustees of each school district shall, on or before [July 1] August 15 of each year, issue a preliminary designation for each public school in the school district in accordance with the criteria set forth in NRS 385.3623, excluding charter schools sponsored by the State Board or by a college or university within the Nevada System of Higher Education. The board of trustees shall make preliminary designations for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary designations for all charter schools that are sponsored by the State Board and all charter schools sponsored by a college or university within the Nevada System of Higher Education.

 


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shall make preliminary designations for all charter schools that are sponsored by the State Board and all charter schools sponsored by a college or university within the Nevada System of Higher Education. The initial designation of a school as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school.

     2.  Before making a final designation for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(b)(2) and the regulations adopted pursuant thereto. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the designation for the school on [August 1.] September 15. If the school is a charter school sponsored by the State Board or by a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the designation for the school on [August 1.] September 15.

     3.  On or before [August 1] September 15 of each year, the Department shall provide written notice of the determinations made pursuant to NRS 385.3613 and the final designations made pursuant to this section as follows:

     (a) The determinations and final designations made for all schools in this State to the:

           (1) Governor;

           (2) State Board;

           (3) Committee; and

           (4) Bureau.

     (b) The determinations and final designations made for all schools within a school district to the:

           (1) Superintendent of schools of the school district; and

           (2) Board of trustees of the school district.

     (c) The determination and final designation made for each school to the principal of the school.

     Sec. 13.  NRS 385.3762 is hereby amended to read as follows:

     385.3762  1.  On or before [July 1] August 15 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.

     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 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 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.

 


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progress even though a 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 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 group who were required to take the examinations.

     4.  If the number of pupils in a particular 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 group.

     (b) The pupils in such a 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 group for that group to yield statistically reliable information.

     Sec. 14.  NRS 385.3771 is hereby amended to read as follows:

     385.3771  1.  The Department shall, on or before [July 1] August 15 of each year, issue a preliminary designation for each school district pursuant to NRS 385.377. The initial designation of a school district as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school district.

     2.  Before making a final designation for a school district, the Department shall provide the school district an opportunity to review the data upon which the preliminary designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(c)(5) and the regulations adopted pursuant thereto. Not later than [August 1,] September 15, the Department shall make a final determination concerning the designation of the school district.

     3.  On or before [August 1] September 15 of each year, the Department shall provide written notice of the determinations made pursuant to NRS 385.3762 and the final designations made pursuant to this section as follows:

     (a) The determinations and final designations made for all school districts in this State to the:

           (1) Governor;

           (2) State Board;

           (3) Committee; and

           (4) Bureau.

     (b) The determination and final designation made for a school district to the:

 


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           (1) Superintendent of schools of the school district; and

           (2) Board of trustees of the school district.

     4.  On or before [August 1] September 15 of each year, the Department shall make public the results of the review of school districts pursuant to this section and disseminate the results to school personnel, parents and guardians, pupils and members of the general public. The publication and distribution must be made in the manner set forth in 20 U.S.C. § 6316(c)(1) and the regulations adopted pursuant thereto.

     Sec. 15.  NRS 385.3785 is hereby amended to read as follows:

     385.3785  1.  The Commission shall:

     (a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:

           (1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;

           (2) The plan to improve the achievement of pupils prepared by the board of trustees of each school district pursuant to NRS 385.348;

           (3) The plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation, the turnaround plan for the school implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, whichever is applicable for the school; and

           (4) Any other information that the Commission considers relevant to the development of the program of educational excellence.

     (b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

     (c) Develop a concise application and simple procedures for the submission of applications by public schools and consortiums of public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both, or that are linked to the turnaround plan for the school or the plan for restructuring the school, if applicable, or for innovative programs, or both. The Commission shall not award a grant of money from the Account for a program to provide full-day kindergarten. All public schools and consortiums of public schools, including, without limitation, charter schools, are eligible to submit such an application, regardless of whether the schools have made adequate yearly progress or failed to make adequate yearly progress. A public school or a consortium of public schools selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.

     (d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from public schools and consortiums of public schools that desire to participate in the program.

     (e) Establish guidelines for the review, evaluation and approval of applications for grants of money from the Account, including, without limitation, consideration of the list of priorities of public schools provided by the Department pursuant to subsection 6. To ensure consistency in the review, evaluation and approval of applications, if the guidelines authorize the review and evaluation of applications by less than the entire membership of the Commission, money must not be allocated from the Account for a grant until the entire membership of the Commission has reviewed and approved the application for the grant.

 


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review, evaluation and approval of applications, if the guidelines authorize the review and evaluation of applications by less than the entire membership of the Commission, money must not be allocated from the Account for a grant until the entire membership of the Commission has reviewed and approved the application for the grant.

     (f) Prescribe accountability measures to be carried out by a public school that participates in the program if that public school does not meet the annual measurable objectives established by the State Board pursuant to NRS 385.361, including, without limitation:

           (1) The specific levels of achievement expected of schools that participate; and

           (2) Conditions for schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.

     (g) Determine the amount of money that is available from the Account for those public schools and consortiums of public schools that are selected to participate in the program.

     (h) Allocate money to public schools and consortiums of public schools from the Account. Allocations must be distributed not later than [August 15] September 30 of each year.

     (i) Establish criteria for public schools and consortiums of public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:

           (1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in, as applicable, the:

                (I) Plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;

                (II) Turnaround plan for the school implemented pursuant to NRS 385.37603; or

                (III) Plan for restructuring the school implemented pursuant to NRS 385.37607;

           (2) If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;

           (3) The implementation of the applicable plans for improvement, including, without limitation, an analysis of whether the school is meeting the measurable objectives identified in the plan; and

           (4) The attainment of measurable progress on the annual list of adequate yearly progress of school districts and schools.

     2.  To the extent money is available, the Commission shall make allocations of money to public schools and consortiums of public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of this section.

     3.  An application submitted pursuant to this section must include a written statement which:

     (a) Indicates whether the public school or consortium of public schools is submitting the application for the continuation of an existing program or for the establishment of a new program; and

 


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     (b) Identifies all other sources of money that the public school or consortium of public schools has requested or received for the continuation or establishment of:

           (1) The program for which the application is submitted; or

           (2) A substantially similar program.

     4.  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.

     5.  If a public school or consortium of public schools that receives money pursuant to subsection 1 or 2:

     (a) Does not meet the criteria for effectiveness as prescribed in paragraph (i) of subsection 1;

     (b) Does not, as a result of the program for which the grant of money was awarded, show improvement in the achievement of pupils, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379; or

     (c) Does not implement the program for which the money was received, as determined in an audit conducted pursuant to subsection 4 of NRS 385.3789 or an evaluation conducted pursuant to subsection 3 of NRS 385.379,

Ê over a 2-year period, the Commission may consider not awarding future allocations of money to that public school or consortium of public schools.

     6.  On or before [July 1] August 15 of each year, the Department shall provide a list of priorities of public schools that indicates:

     (a) The adequate yearly progress status of schools in the immediately preceding year; and

     (b) The public schools that are considered Title I eligible by the Department based upon the poverty level of the pupils enrolled in a school in comparison to the poverty level of the pupils in the school district as a whole,

Ê for consideration by the Commission in its development of procedures for the applications.

     7.  A public school, including, without limitation, a charter school, or a consortium of public schools may request assistance from the school district in which the school is located in preparing an application for a grant of money pursuant to this section. A school district shall assist each public school or consortium of public schools that requests assistance pursuant to this subsection to ensure that the application of the school:

     (a) Is based directly upon, as applicable, the:

           (1) Plan to improve the achievement of pupils prepared for the school pursuant to NRS 385.357;

           (2) Turnaround plan for the school implemented pursuant to NRS 385.37603; or

           (3) Plan for restructuring the school implemented pursuant to NRS 385.37607;

     (b) Is developed in accordance with the criteria established by the Commission; and

     (c) Is complete and complies with all technical requirements for the submission of an application.

Ê A school district may make recommendations to the individual schools and consortiums of public schools. Such schools and consortiums of public schools are not required to follow the recommendations of a school district.

 


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     8.  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 educational services maintained by the Department pursuant to NRS 385.384 and the recommendations submitted by the Committee pursuant to NRS 218E.615 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

     9.  The Commission shall not award a grant of money from the Account for a program of remedial study that is available commercially unless that program has been adopted by the Department pursuant to NRS 385.389.

     10.  If a consortium of public schools is formed for the purpose of submitting an application pursuant to this section, the public schools within the consortium do not need to be located within the same school district.

     Sec. 16.  NRS 385.3789 is hereby amended to read as follows:

     385.3789  1.  The Commission shall prepare an annual report that describes the distribution of money to the public schools and consortiums of public schools and the programs for which money was allocated from the Account, including, without limitation, the total amount of money allocated:

     (a) To each consortium of public schools, with a designation of which public schools are included in each consortium;

     (b) To each public school;

     (c) To schools included on the list of priorities of schools provided by the Department pursuant to NRS 385.3785;

     (d) For programs that provide services directly to pupils for remediation and innovation, including, without limitation, instruction, instructional materials and support materials;

     (e) For programs that provide instructional support and have an indirect effect on pupils, including, without limitation, the provision of professional development for educational personnel and the employment of administrators; and

     (f) For each program, including, without limitation:

           (1) A description of the program, including, without limitation, whether the program is available commercially;

           (2) Whether the Commission considers the program to be innovative;

           (3) Whether the program includes the provision of professional development other than professional development that is related to carrying out a program that provides services directly to pupils;

           (4) The costs to implement the program; and

           (5) The full-time personnel necessary to implement the program, if any.

Ê The report must be submitted on or before [September 1] October 15 of each year to the entities identified in subsection 3.

     2.  The Commission shall:

     (a) Prepare an annual report that describes:

           (1) The activities of the Commission;

           (2) An analysis of the progress of the public schools in carrying out the plans to improve the achievement of pupils; and

          (3) An analysis of the progress of the public schools and consortiums of public schools that received an allocation of money from the Account in improving the achievement of pupils.

 


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     (b) Submit the report on or before January 31 of each year to the entities identified in subsection 3.

     3.  The Commission shall submit the reports required by this section to the:

     (a) State Board;

     (b) Governor;

     (c) Committee;

     (d) Bureau;

     (e) Interim Finance Committee; and

     (f) Board of trustees of each school district.

     4.  The Legislative Auditor shall audit biennially the programs for which public schools and consortiums of public schools receive an allocation of money. The audit:

     (a) Must include:

           (1) A review of the amount of time it takes for a public school or consortium of public schools to receive an allocation of money after the Commission makes the award;

           (2) A determination of whether a public school or consortium of public schools that received an allocation of money used the money to implement the program for which the money was allocated; and

           (3) Any recommendations for the most efficient and economical use of the money allocated by the Commission to public schools and consortiums of public schools.

     (b) May include a representative sample of programs, based upon geographic location and type of program.

     5.  The Legislative Auditor shall report the results of each biennial audit conducted pursuant to subsection 4 to the entities prescribed in subsection 3.

     Sec. 17.  NRS 386.605 is hereby amended to read as follows:

     386.605  1.  On or before [July 15] August 31 of each year, the governing body of a charter school shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees of the school district in which the charter school is located for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

     2.  The Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section and pursuant to NRS 385.357, 385.3745 or 385.3746, whichever is applicable for the school, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

     Sec. 18.  The Department of Education shall:

     1.  Review the schedule established pursuant to NAC 389.051 for the administration of the criterion-referenced examinations in grades 3 through 8, inclusive, required pursuant to NRS 389.550 which is in effect on July 1, 2011;

     2.  Expeditiously revise the schedule to establish testing dates at least 30 days later in the spring semester based upon the dates for the determination of adequate yearly progress pursuant to NRS 385.3613, 385.366, 385.3762 and 385.3771, as amended by sections 11, 12, 13 and 14 of this act, respectively; and

 


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     3.  On or before October 1, 2011, provide a report regarding the revisions made to the testing schedule to the Director of the Legislative Counsel Bureau for transmission to the Legislative Committee on Education.

     Sec. 19.  This act becomes effective on July 1, 2011.

________

CHAPTER 123, AB 130

Assembly Bill No. 130–Assemblywoman Smith

 

CHAPTER 123

 

[Approved: May 27, 2011]

 

AN ACT relating to affordable housing; allowing affordable housing entities to participate in a program of joint self-insurance; exempting such a program of joint self-insurance from the Nevada Insurance Code; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, any two or more public agencies or nonprofit medical facilities may enter into a cooperative agreement to establish a self-insurance reserve or purchase certain kinds of insurance. (NRS 277.055) Section 1 of this bill allows any two or more affordable housing entities to establish and participate in a program to jointly self-insure and purchase certain kinds of insurance and establishes provisions to govern such a program. Section 1 also: (1) exempts such a program from the Nevada Insurance Code; (2) requires certain information relating to the program to be submitted to the Commissioner of Insurance; and (3) authorizes the Commissioner to order an examination, issue a cease and desist order or hold a hearing regarding any violation of section 1 of the program or the operation of the program while in an unsafe financial condition.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 315 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in subsection 3, any two or more affordable housing entities may establish and participate in a program to jointly self-insure and jointly purchase insurance or reinsurance for coverage under a plan of:

     (a) Casualty insurance, as that term is defined in NRS 681A.020, except for workers’ compensation and employer’s liability coverage;

     (b) Marine and transportation insurance, as that term is defined in NRS 681A.050;

     (c) Property insurance, as that term is defined in NRS 681A.060;

     (d) Surety insurance, as that term is defined in NRS 681A.070; or

     (e) Insurance for any combination of the kinds of insurance listed in paragraphs (a) to (d), inclusive.

     2.  A program established pursuant to subsection 1 must be administered by an entity which is organized as a nonprofit corporation, limited-liability company, partnership or trust, whether organized under the laws of this State or another state or operating in another state.

 


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the laws of this State or another state or operating in another state. A majority of the board of directors or other governing body of the entity administering the program must be affiliated with one or more of the affordable housing entities participating in the program.

     3.  This section does not apply to an affordable housing entity that individually self-insures or participates in a risk pooling arrangement, including a risk retention group or a risk purchasing group, with respect to the kinds of insurance set forth in subsection 1.

     4.  Except as otherwise provided in this section or by specific statute:

     (a) A program established pursuant to subsection 1 and the entity administering the program:

           (1) Shall be deemed not to be providing coverage which constitutes insurance; and

           (2) Are not subject to the provisions of title 57 of NRS; and

     (b) The entity administering a program established pursuant to subsection 1 shall be deemed not to be engaging in the transaction of insurance.

     5.  The entity administering a program established pursuant to subsection 1 shall provide any affordable housing entity that seeks to participate in the program with a written notice, in 10-point type or larger, before the affordable housing entity begins participating in the program, that the program is not regulated by the Commissioner and that, if the program or the entity administering the program is found insolvent, a claim under the program is not covered by the Nevada Insurance Guaranty Association Act.

     6.  The entity administering a program established pursuant to subsection 1 shall submit to the Commissioner:

     (a) Within 105 days after the end of the program’s fiscal year:

           (1) An annual financial statement for the program audited by a certified public accountant; and

           (2) An annual actuarial analysis for the program prepared by an actuary who meets the qualification standards for issuing statements of actuarial opinion in the United States established by the American Academy of Actuaries or its successor organization; and

     (b) Within 30 days after:

           (1) Filing with any other regulatory body, a claims audit report relating to the entity or the program, a copy of the claims audit report filed with the other regulatory body;

           (2) Issuance by any other regulatory body of a report of examination relating to the entity or the program, a copy of the report of examination issued by the other regulatory body;

           (3) The effective date of a plan of financing, management and operation for the entity or the program or any material change in such a plan, a copy of the plan or material change; and

           (4) The effective date of any material change in the scope of regulation of the entity or the program by any other state in which the entity operates, a statement of the material change.

     7.  The Commissioner may order an examination of a program established pursuant to subsection 1 or the entity administering the program based upon any credible evidence that the program or entity is in violation of this section or is operating or being operated while in an unsafe financial condition. Such an examination must be administered in accordance with NRS 679B.230 to 679B.300, inclusive, and any regulations adopted pursuant thereto.

 


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administered in accordance with NRS 679B.230 to 679B.300, inclusive, and any regulations adopted pursuant thereto.

     8.  If the Commissioner determines that a program established pursuant to subsection 1 or the entity administering the program is in violation of this section or is operating or being operated while in an unsafe financial condition, the Commissioner may issue and serve upon the entity administering the program an order to cease and desist from the violation or from administering or in any way operating the program.

     9.  The Commissioner may hold a hearing, without a request by any party, to determine whether a program established pursuant to subsection 1 or the entity administering the program is in violation of this section or is operating or being operated while in an unsafe financial condition. A person aggrieved by any act, threatened act or failure of the Commissioner to act, or by any report, rule, regulation or order of the Commissioner relating to this section, may request a hearing. Any hearing held pursuant to this subsection must be held in accordance with NRS 679B.310 to 679B.370, inclusive, and any regulations adopted pursuant thereto.

     10.  The provisions of this section must be liberally construed to grant affordable housing entities maximum flexibility to jointly self-insure and jointly purchase insurance or reinsurance to the extent that a program established pursuant to subsection 1 is being administered and otherwise operated in a safe financial condition and in a sound manner.

     11.  Each entity administering a program established pursuant to subsection 1 shall, on or before January 15 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must include, without limitation, a list of the affordable housing entities participating in the program and any other information the Director deems relevant.

     12.  As used in this section:

     (a) “Affordable housing” means housing projects in which some of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons of low income.

     (b) “Affordable housing entity” means:

           (1) A housing authority created under the laws of this State or another jurisdiction and any agency or instrumentality of a housing authority, including, but not limited to, a legal entity created to enter into an agreement which complies with NRS 277.055;

           (2) A nonprofit corporation organized under the laws of this State or another state that is engaged in providing affordable housing; or

           (3) A general or limited partnership or limited-liability company which is engaged in providing affordable housing and which is affiliated with a housing authority described in subparagraph (1) or a nonprofit corporation described in subparagraph (2) if the housing authority or nonprofit corporation:

                (I) Has, or has the right to acquire, a financial or ownership interest in the partnership or limited-liability company;

                (II) Has the power to direct the management or policies of the partnership or limited-liability company; or

                (III) Has entered into a contract to lease, manage or operate the affordable housing owned by the partnership or limited-liability company.

     (c) “Commissioner” means the Commissioner of Insurance.

 


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     Sec. 2.  NRS 315.150 is hereby amended to read as follows:

     315.150  Unless the context otherwise requires, the definitions contained in NRS 315.160 to 315.300, inclusive, govern the construction of NRS 315.140 to 315.7813, inclusive [.] , and section 1 of this act.

     Sec. 3.  NRS 315.360 is hereby amended to read as follows:

     315.360  Any housing authority created and existing prior to July 1, 1975, pursuant to the Housing Authorities Law of 1943 or the Housing Law of 1951 continues in existence for the purposes of and has all of the powers granted by NRS 315.140 to 315.7813, inclusive [.] , and section 1 of this act.

     Sec. 4.  NRS 679A.160 is hereby amended to read as follows:

     679A.160  Except as otherwise provided by specific statute, no provision of this Code applies to:

     1.  Fraternal benefit societies, as identified in chapter 695A of NRS, except as stated in chapter 695A of NRS.

     2.  Hospital, medical or dental service corporations, as identified in chapter 695B of NRS, except as stated in chapter 695B of NRS.

     3.  Motor clubs, as identified in chapter 696A of NRS, except as stated in chapter 696A of NRS.

     4.  Bail agents, as identified in chapter 697 of NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, and chapter 697 of NRS.

     5.  Risk retention groups, as identified in chapter 695E of NRS, except as stated in chapter 695E of NRS.

     6.  Captive insurers, as identified in chapter 694C of NRS, with respect to their activities as captive insurers, except as stated in chapter 694C of NRS.

     7.  Health and welfare plans arising out of collective bargaining under chapter 288 of NRS, except that the Commissioner may review the plan to ensure that the benefits are reasonable in relation to the premiums and that the fund is financially sound.

     8.  Programs established pursuant to subsection 1 of section 1 of this act and the entities administering those programs, except as stated in section 1 of this act.

     Sec. 5.  NRS 679A.165 is hereby amended to read as follows:

     679A.165  A person who is required by statute to obtain insurance or any other type of security as a condition of licensure or conducting business must obtain the insurance or other security in the manner set forth in NRS 277.067, 277.069 or 277.0695 or section 1 of this act or from an insurer who is licensed or otherwise allowed to transact insurance under this title.

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ê2011 Statutes of Nevada, Page 582ê

 

CHAPTER 124, AB 141

Assembly Bill No. 141–Assemblymen Goicoechea; Ellison and Hansen

 

CHAPTER 124

 

[Approved: May 27, 2011]

 

AN ACT relating to occupational diseases; expanding the frequency with which certain volunteer firefighters must submit to physical examinations to receive workers’ compensation coverage for certain occupational diseases; revising provisions relating to the procedure for scheduling such physical examinations under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, an employee who contracts an occupational disease arising out of and in the course of his or her employment is generally entitled to receive benefits for workers’ compensation. (Chapter 617 of NRS) Specifically, if an employee has been employed for 2 years or more as a full-time salaried firefighter, arson investigator or police officer or has acted for 2 years or more as a volunteer firefighter who is entitled to benefits for workers’ compensation, any disease of the lungs caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases arising out of and in the course of employment is an occupational disease for which the employee is entitled to receive workers’ compensation. To receive coverage for such an occupational disease, the employee must submit to a physical examination upon initial employment, upon commencement of the coverage, once every even-numbered year until the employee is 40 years of age or older and on an annual basis thereafter during his or her employment. (NRS 617.455) Section 1 of this bill requires a volunteer firefighter to submit to a physical examination upon employment, commencement of coverage and once every 3 years after commencement of coverage until the volunteer firefighter is 50 years of age or older and once every 2 years thereafter instead of on an annual basis.

       Existing law provides similar coverage for a volunteer firefighter who contracts a disease of the heart and who, for 5 years or more, has served continuously as a volunteer firefighter in Nevada. To receive coverage for such an occupational disease, the volunteer firefighter is required to submit to a physical examination upon initial employment, once every 3 years after the initial examination until he or she reaches the age of 50 years and once each year if he or she is 50 years of age or older. (NRS 617.457) Section 2 of this bill requires a volunteer firefighter to submit to a physical examination upon employment, upon commencement of coverage and once every 3 years after commencement of the coverage until the volunteer firefighter is 50 years of age or older and once every 2 years thereafter instead of once each year. Section 2 also requires employers to follow certain procedures when scheduling physical examinations for volunteer firefighters.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 617.455 is hereby amended to read as follows:

     617.455  1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

 


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ê2011 Statutes of Nevada, Page 583 (Chapter 124, AB 141)ê

 

gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

     (a) Employed in this State in a full-time salaried occupation of fire fighting or the investigation of arson for the benefit or safety of the public;

     (b) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; or

     (c) Employed in a full-time salaried occupation as a police officer in this State.

     2.  Except as otherwise provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his or her lungs and the making of an X-ray film of the employee’s lungs, upon employment, upon commencement of the coverage, once every [even-numbered year] 2 years until the employee is 40 years of age or older and thereafter on an annual basis during his or her employment.

     3.  [A thorough test of the functioning of the lungs is not required for a volunteer firefighter.] Each volunteer firefighter who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to:

     (a) A physical examination upon employment and upon commencement of the coverage; and

     (b) The making of an X-ray film of the volunteer firefighter’s lungs once every 3 years after the physical examination that is required upon commencement of the coverage,

Ê until the volunteer firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment. As used in this subsection, “physical examination” includes the making of an X-ray film of the volunteer firefighter’s lungs but excludes a thorough test of the functioning of his or her lungs.

     4.  All physical examinations required pursuant to [subsection] subsections 2 and 3 must be paid for by the employer.

     5.  A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer, firefighter or arson investigator for 5 years or more before the date of disablement.

     6.  Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after [the annual] a physical examination required pursuant to subsection 2 or 3 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

     7.  A person who is determined to be:

     (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

     (b) Incapable of performing, with or without remuneration, work as a firefighter, police officer or arson investigator,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

 


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ê2011 Statutes of Nevada, Page 584 (Chapter 124, AB 141)ê

 

     Sec. 2.  NRS 617.457 is hereby amended to read as follows:

     617.457  1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment.

     2.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.

     3.  Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his or her employment.

     4.  [A] During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for [a] the volunteer firefighter is required [upon initial] :

     (a) Upon employment ;

     (b) Upon commencement of coverage; and [once]

     (c) Once every 3 years after the [initial] physical examination that is required pursuant to paragraph (b),

Ê until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once [each year.] every 2 years during his or her employment.

     5.  The employer of the volunteer firefighter is responsible for scheduling the physical examination. The employer shall mail to the volunteer firefighter a written notice of the date, time and place of the physical examination at least 10 days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.

     6.  Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection 5 excludes the volunteer firefighter from the benefits of this section.

     7.  The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant:

     (a) Applies to the department for the first time as a volunteer firefighter; and

     (b) Is 50 years of age or older on the date of his or her application.

 


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ê2011 Statutes of Nevada, Page 585 (Chapter 124, AB 141)ê

 

     8.  The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant:

     (a) Paid for the physical examination in accordance with subsection 7;

     (b) Is declared physically fit to perform the duties required of a firefighter; and

     (c) Becomes a volunteer with the volunteer fire department.

     9.  Except as otherwise provided in subsection 7, all physical examinations required pursuant to subsections 3 and 4 must be paid for by the employer.

     10.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to [the annual] a physical examination required pursuant to subsection 3 or 4 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

     11.  A person who is determined to be:

     (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

     (b) Incapable of performing, with or without remuneration, work as a firefighter, arson investigator or police officer,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

     12.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

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ê2011 Statutes of Nevada, Page 586ê

 

CHAPTER 125, AB 145

Assembly Bill No. 145–Assemblyman Goicoechea

 

CHAPTER 125

 

[Approved: May 27, 2011]

 

AN ACT relating to unincorporated towns; requiring a copy of an ordinance proposing the annexation of an area by an unincorporated town to be sent to each owner of real property in the area under certain circumstances; requiring a notice of the proposed annexation to be posted on the Internet website, if any, established and maintained by the town board or board of county commissioners proposing the annexation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the annexation of areas requiring certain services by an unincorporated town whose population is less than 25,000 and which is located in a county whose population is less than 400,000 (currently counties other than Clark County). Such an annexation is carried out by the adoption of an ordinance by the town board or the board of county commissioners. (NRS 269.650) This bill requires a town board or board of county commissioners that proposes to adopt such an ordinance to send a copy of the ordinance to each owner of real property in the area proposed to be annexed and to post a notice of the proposed annexation on the Internet website, if any, established and maintained by the town board or board of county commissioners.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

     If a town board or board of county commissioners proposes to adopt an ordinance that provides for the annexation of an area by an unincorporated town pursuant to NRS 269.650, the town board or board of county commissioners shall, at the time the title and summary of the proposed ordinance are published in a newspaper pursuant to NRS 269.155:

     1.  Send a copy of the proposed ordinance by certified mail, return receipt requested, to each owner of real property in the area proposed to be annexed; and

     2.  Post a notice of the proposed annexation on the Internet website, if any, established and maintained by the town board or board of county commissioners.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 587ê

 

CHAPTER 126, AB 146

Assembly Bill No. 146–Committee on Health and Human Services

 

CHAPTER 126

 

[Approved: May 27, 2011]

 

AN ACT relating to the Office for Consumer Health Assistance; expanding the definition of “consumer” to include more situations in which the Office may render assistance; expanding the authority of the Director of the Office to adopt regulations; authorizing the Director to appoint a designee to mediate, arbitrate or resolve by alternative means certain disputes between patients and hospitals; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Office for Consumer Health Assistance in the Office of the Governor to provide assistance to consumers in obtaining information or other assistance relating to a variety of medical issues. (NRS 223.550, 223.560) Section 1 of this bill adds to the definition of “consumer” a person who is in need of information or other assistance regarding his or her health care services or disputes in billing related to his or her medical claims.

       Existing law authorizes the Director of the Office to adopt regulations relating to the duties the Director is required to perform and the annual report the Director must file with the Governor and the Director of the Legislative Counsel Bureau. (NRS 223.570) Existing law also authorizes the Director of the Office to hear, mediate, arbitrate or resolve by alternative means disputes between patients and hospitals. (NRS 223.575) Section 2 of this bill expands the Director’s regulatory authority to authorize the Director to adopt regulations to establish procedures for hearing such disputes between patients and hospitals.

       Section 4 of this bill authorizes the Director to appoint a designee to hear, mediate, arbitrate or resolve such disputes in his or her place.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 223.510 is hereby amended to read as follows:

     223.510  “Consumer” means a natural person who:

     1.  Has or is in need of coverage under a health care plan;

     2.  Is in need of information or other assistance regarding a prescription drug program; [or]

     3.  May need information concerning purchasing prescription drugs from Canadian pharmacies [.] ; or

     4.  Is in need of information or other assistance regarding his or her health care services or disputes in billing related to his or her medical claims.

     Sec. 2.  NRS 223.560 is hereby amended to read as follows:

     223.560  1.  The Director shall:

     [1.] (a) Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

 


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ê2011 Statutes of Nevada, Page 588 (Chapter 126, AB 146)ê

 

     [2.] (b) Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

     [3.] (c) Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

     [(a)] (1) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

     [(b)] (2) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

     [4.] (d) Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance in this State;

     [5.] (e) Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;

     [6.] (f) Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Director pursuant to this section;

     [7.] (g) In appropriate cases and pursuant to the direction of the Governor, refer a complaint or the results of an investigation to the Attorney General for further action;

     [8.] (h) Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;

     [9.] (i) Establish and maintain an Internet website which includes:

     [(a)] (1) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;

     [(b)] (2) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

     [(c)] (3) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State; and

     [10.] (j) Assist consumers with filing complaints against health care facilities and health care professionals. As used in this subsection, “health care facility” has the meaning ascribed to it in NRS 162A.740.

     2.  The Director may adopt regulations to carry out the provisions of NRS 223.560 to 223.580, inclusive.

     Sec. 3.  NRS 223.570 is hereby amended to read as follows:

     223.570  1.  The Director, within the limits of available money:

     (a) Shall, to carry out the provisions of this section and NRS 223.560 and 223.580, employ at least two persons who have experience in the field of workers’ compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and

 


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ê2011 Statutes of Nevada, Page 589 (Chapter 126, AB 146)ê

 

workers’ compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and

     (b) May, in addition to the persons required to be employed pursuant to paragraph (a), employ:

           (1) Such persons in the unclassified service of the State as the Director determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.

           (2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560 and 223.580, who must be in the classified service of the State.

Ê A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Director employs that person.

     2.  The Director may:

     (a) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans, prescription drug programs and policies of industrial insurance as the Director determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.

     (b) [Adopt such regulations as the Director determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.

     (c)] Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office for Consumer Health Assistance in carrying out its duties pursuant to [subsections 8 and 9] paragraphs (h) and (i) of subsection 1 of NRS 223.560.

     3.  The Director and the Director’s employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560 and 223.580. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Director or employee, or any person affiliated with the Director or employee:

     (a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;

     (b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;

     (c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or

     (d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.

     Sec. 4.  NRS 223.575 is hereby amended to read as follows:

     223.575  1.  The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance in the Office of the Governor.

     2.  The Director:

     (a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.

     (b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.

 


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ê2011 Statutes of Nevada, Page 590 (Chapter 126, AB 146)ê

 

     (c) On or before February 1 of each year, shall submit a written report to the Governor, and to the Director of the Legislative Counsel Bureau concerning the activities of the Bureau for Hospital Patients for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation, the number of complaints received by the Bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the Director and the outcome of the mediation, arbitration or alternative means of dispute resolution.

     3.  The Director or the Director’s designee may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Director or the Director’s designee may decline to hear a case that in the Director’s opinion is trivial, without merit or beyond the scope of his or her jurisdiction. The Director or the Director’s designee may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:

     (a) The accuracy or amount of charges billed to a patient;

     (b) The reasonableness of arrangements made for a patient to pay any bill for medical services, including, without limitation, arrangements to pay hospital bills made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

     (c) Such other matters related to the charges for care provided to a patient as the Director or the Director’s designee determines appropriate for arbitration, mediation or other alternative means of dispute resolution.

Ê The Director’s designee must be an employee of the State and, except for the purposes of this subsection, must not be employed by, or otherwise associated with, the Bureau or the Office for Consumer Health Assistance.

     4.  The decision of the Director or the Director’s designee is a final decision for the purpose of judicial review.

     5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Director shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

     6.  The total amount assessed pursuant to subsection 5 for a fiscal year must not be more than $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.

     7.  The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

     Sec. 5.  NRS 223.580 is hereby amended to read as follows:

     223.580  On or before February 1 of each year, the Director shall submit a written report to the Governor, and to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation:

 


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ê2011 Statutes of Nevada, Page 591 (Chapter 126, AB 146)ê

 

     1.  A statement setting forth the number and geographic origin of the written and telephonic inquiries received by the Office for Consumer Health Assistance and the issues to which those inquiries were related;

     2.  A statement setting forth the type of assistance provided to each consumer and injured employee who sought assistance from the Director, including, without limitation, the number of referrals made to the Attorney General pursuant to paragraph (g) of subsection [7] 1 of NRS 223.560;

     3.  A statement setting forth the disposition of each inquiry and complaint received by the Director; and

     4.  A statement setting forth the number of external reviews conducted by external review organizations pursuant to NRS 695G.241 to 695G.310, inclusive, and the disposition of each of those reviews as reported pursuant to NRS 695G.310.

     Sec. 6.  NRS 453.3639 is hereby amended to read as follows:

     453.3639  1.  Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

     (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

     (b) The prescription drug has not been lawfully imported into the United States.

     2.  Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

     (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

     (b) The prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations and standards.

     3.  The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection [9] 1 of NRS 223.560 from providing prescription drugs through mail order service to residents of Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.

     4.  A person shall not knowingly aid another person in any act or transaction that violates any provision of this section.

     5.  Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     6.  A person who violates any provision of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

     (a) Is classified in schedule I; or

     (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

     7.  The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 6.

 


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ê2011 Statutes of Nevada, Page 592 (Chapter 126, AB 146)ê

 

     8.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.

     Sec. 7.  NRS 639.230 is hereby amended to read as follows:

     639.230  1.  A person operating a business in this State shall not use the letters “Rx” or “RX” or the word “drug” or “drugs,” “prescription” or “pharmacy,” or similar words or words of similar import, without first having secured a license from the Board.

     2.  Each license must be issued to a specific person and for a specific location and is not transferable. The original license must be displayed on the licensed premises as provided in NRS 639.150. The original license and the fee required for reissuance of a license must be submitted to the Board before the reissuance of the license.

     3.  If the owner of a pharmacy is a partnership or corporation, any change of partners or corporate officers must be reported to the Board at such a time as is required by a regulation of the Board.

     4.  Except as otherwise provided in subsection 6, in addition to the requirements for renewal set forth in NRS 639.180, every person holding a license to operate a pharmacy must satisfy the Board that the pharmacy is conducted according to law.

     5.  Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the Board.

     6.  The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection [9] 1 of NRS 223.560 from providing prescription drugs through mail order service to residents of Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.

     Sec. 8.  NRS 639.2328 is hereby amended to read as follows:

     639.2328  1.  Every pharmacy located outside Nevada that provides mail order service to or solicits or advertises for orders for drugs available with a prescription from a resident of Nevada must be licensed by the Board.

     2.  To be licensed or to renew a license, such a pharmacy must:

     (a) Be licensed as a pharmacy, or the equivalent, by the state or country in which its dispensing facilities are located.

     (b) Comply with all applicable federal laws, regulations and standards.

     (c) Submit an application in the form furnished by the Board.

     (d) Provide the following information to the Board:

           (1) The name and address of the owner;

           (2) The location of the pharmacy;

           (3) The name of the pharmacist who is the managing pharmacist; and

           (4) Any other information the Board deems necessary.

     (e) Pay the fee required by regulation of the Board.

     (f) Submit evidence satisfactory to the Board that the facility, records and operation of the pharmacy comply with the laws and regulations of the state or country in which the pharmacy is located.

     (g) Submit certification satisfactory to the Board that the pharmacy complies with all lawful requests and directions from the regulatory board or licensing authority of the state or country in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.

 


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ê2011 Statutes of Nevada, Page 593 (Chapter 126, AB 146)ê

 

licensing authority of the state or country in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.

     (h) Be certified by the Board pursuant to NRS 639.23288 if the pharmacy operates an Internet pharmacy.

     3.  In addition to the requirements of subsection 2, the Board may require such a pharmacy to be inspected by the Board.

     4.  The Board shall notify the Office for Consumer Health Assistance each time the Board licenses a Canadian pharmacy pursuant to this section and recommend that the Office for Consumer Health Assistance include each such pharmacy on the Internet website established and maintained pursuant to paragraph (i) of subsection [9] 1 of NRS 223.560.

     Sec. 9.  NRS 639.23284 is hereby amended to read as follows:

     639.23284  1.  Every pharmacy located outside Nevada that provides mail order service to a resident of Nevada:

     (a) Shall report to the Board any change of information that appears on its license and pay the fee required by regulation of the Board.

     (b) Shall make available for inspection all pertinent records, reports, documents or other material or information required by the Board.

     (c) As required by the Board, must be inspected by the Board or:

           (1) The regulatory board or licensing authority of the state or country in which the pharmacy is located; or

           (2) The Drug Enforcement Administration.

     (d) As required by the Board, shall provide the following information concerning each prescription for a drug that is shipped, mailed or delivered to a resident of Nevada:

           (1) The name of the patient;

           (2) The name of the prescriber;

           (3) The number of the prescription;

           (4) The date of the prescription;

           (5) The name of the drug;

           (6) The symptom or purpose for which the drug is prescribed, if requested by the patient pursuant to NRS 639.2352; and

           (7) The strength and quantity of the dose.

     2.  In addition to complying with the requirements of subsection 1, every Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection [9] 1 of NRS 223.560 that provides mail order service to a resident of Nevada shall not sell, distribute or furnish to a resident of this State:

     (a) A controlled substance;

     (b) A prescription drug that has not been approved by the federal Food and Drug Administration;

     (c) A generic prescription drug that has not been approved by the federal Food and Drug Administration;

     (d) A prescription drug for which the federal Food and Drug Administration has withdrawn or suspended its approval; or

     (e) A quantity of prescription drugs at one time that includes more drugs than are prescribed to the patient as a 3-month supply of the drugs.

     Sec. 10.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 594ê

 

CHAPTER 127, AB 233

Assembly Bill No. 233–Assemblymen Bobzien, Smith, Mastroluca, Dondero Loop; Atkinson, Carlton and Oceguera

 

Joint Sponsor: Senator Leslie

 

CHAPTER 127

 

[Approved: May 27, 2011]

 

AN ACT relating to education; revising provisions governing the requirements for a pupil to receive credit for a course of study without attending the classes for the course; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a pupil may be granted credit for a course of study without attending the classes for the course if the pupil passes an examination prescribed by the State Board of Education and thereby demonstrates competency in the subject area of the course. (NRS 389.171; NAC 389.670) This bill provides that a pupil may also be granted credit in lieu of course attendance if the pupil: (1) demonstrates proficiency on an examination developed by the principal and the pupil’s teacher who provides instruction in the course; or (2) passes an examination that the principal determines is as rigorous or more rigorous than the examination prescribed by the State Board.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 389.171 is hereby amended to read as follows:

     389.171  1.  A pupil may be granted credit for a specific course of study without having attended the regularly scheduled classes in the course if the pupil demonstrates his or her [competence] proficiency to meet the [objectives] :

     (a) Objectives of the course through [his or her] the pupil’s performance on an examination prescribed by the State Board [.] ;

     (b) Objectives of a particular area or areas of the course in which the pupil is deficient through the pupil’s performance on an examination developed by the principal and the pupil’s teacher who provides instruction in the course that is designed to measure the proficiency of the pupil in that particular area or areas; or

     (c) Objectives of the course through the pupil’s performance on an examination that the principal determines is as rigorous or more rigorous than the examination prescribed by the State Board pursuant to paragraph (a), including, without limitation, an advanced placement examination in the subject area of the course.

     2.  The State Board shall adopt regulations that prescribe the:

     (a) Form on which a pupil may apply to the board of trustees of a school district in which the pupil attends school to [take an examination] be granted credit pursuant to subsection 1;

     (b) Courses of study for which pupils may [take an examination] be granted credit pursuant to subsection 1; and

 


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     (c) Minimum score on [each such] the examination prescribed pursuant to paragraph (a) of subsection 1 that is required to demonstrate [competency] proficiency in a course.

     Sec. 2.  On or before December 31, 2011, the State Board of Education shall adopt the regulations required by NRS 389.171, as amended by section 1 of this act.

     Sec. 3.  This act becomes effective on July 1, 2011.

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CHAPTER 128, AB 192

Assembly Bill No. 192–Committee on Ways and Means

 

CHAPTER 128

 

[Approved: May 27, 2011]

 

AN ACT relating to county recorders; providing authorization for the collection and disposition of an additional fee for certain recorded documents; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires a county recorder to charge and collect a fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing other than an originally signed copy of a certificate of marriage. (NRS 247.305) Section 2 of this bill authorizes a board of county commissioners to adopt by ordinance an additional fee of not more than $3 for each such recording and provides that such fees must be used to provide legal services for abused and neglected children.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 247.110 is hereby amended to read as follows:

     247.110  1.  When a document authorized, entitled or required by law to be recorded is deposited in the county recorder’s office for recording, the county recorder shall:

     (a) Endorse upon it the time when it was received, noting:

           (1) The year, month, day, hour and minute of its reception;

           (2) The document number; and

           (3) The amount of fees collected for recording the document.

     (b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

     (c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception and the name of the person at whose request it was recorded.

     (d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that the county recorder received the original, and return the copy to the person who presented it.

 


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paragraph (a) and as evidence that the county recorder received the original, and return the copy to the person who presented it.

     2.  In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.

     3.  Except as otherwise provided in this section, subsection [4] 5 of NRS 247.305 and NRS 111.366 to 111.3697, inclusive, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or must:

     (a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size.

     (b) Have a margin of 1 inch on the left and right sides and at the bottom of each page.

     (c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

     (d) Not be on sheets of paper that are bound together at the side, top or bottom.

     (e) Not contain printed material on more than one side of each page.

     (f) Not have any documents or other materials physically attached to the paper.

     (g) Not contain:

           (1) Colored markings to highlight text or any other part of the document;

           (2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

           (3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or

           (4) More than nine lines of text per vertical inch.

     4.  The provisions of subsection 3 do not apply to a document submitted for recording that has been filed with a court and which conforms to the formatting requirements established by the court.

     5.  A document is recorded when the information required pursuant to this section is placed on the document and is entered in the record of the county recorder.

     Sec. 2.  NRS 247.305 is hereby amended to read as follows:

     247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:

     (a) For recording any document, for the first page, $10.

     (b) For each additional page, $1.

     (c) For recording each portion of a document which must be separately indexed, after the first indexing, $3.

     (d) For copying any record, for each page, $1.

     (e) For certifying, including certificate and seal, $4.

     (f) For a certified copy of a certificate of marriage, $10.

     (g) For a certified abstract of a certificate of marriage, $10.

     (h) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account.

 


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fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.

     2.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.

     3.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.

     4.  Except as otherwise provided in this subsection and NRS 375.060, a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children.

     5.  Except as otherwise provided in this subsection, subsection [5] 6 or by specific statute, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.

 


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     [5.] 6.  Except as otherwise provided in subsection [6,] 7, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:

     (a) The county in which the county recorder’s office is located.

     (b) The State of Nevada or any city or town within the county in which the county recorder’s office is located, if the document being recorded:

           (1) Conveys to the State, or to that city or town, an interest in land;

           (2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

           (3) Imposes a lien in favor of the State or that city or town; or

           (4) Is a notice of the pendency of an action by the State or that city or town.

     [6.] 7.  A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.

     [7.] 8.  If the amount of money collected by a county recorder for a fee pursuant to this section:

     (a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.

     (b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.

     [8.] 9.  Except as otherwise provided in subsection 2, 3 , 4 or [7] 8 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

     [9.] 10.  For the purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his or her official capacity.

     Sec. 3.  This act becomes effective on July 1, 2011.

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