Link to Page 2996

 

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ê2011 Statutes of Nevada, Page 2997ê

 

CHAPTER 481, SB 262

Senate Bill No. 262–Senator Hardy

 

Joint Sponsor: Assemblyman Hardy

 

CHAPTER 481

 

[Approved: June 16, 2011]

 

AN ACT providing a charter for the City of Laughlin, in Clark County, Nevada; providing for an election to be held on the question of incorporation; making the incorporation of the City contingent upon a determination by the Board of County Commissioners of Clark County or the Legislative Commission and approval of this act by qualified electors of the City; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Legislature may provide for the incorporation of a city by a special act. (Nev. Const. Art. 8, § 8) Section 1 of this bill provides a charter for the City of Laughlin. Section 4 of this bill requires the Committee on Local Government Finance to prepare a report with respect to the fiscal feasibility of the incorporation of the City of Laughlin and submit it to the Board of County Commissioners of Clark County and the Legislative Commission by December 31, 2011. Sections 4, 5 and 17 of this bill make the incorporation of the City of Laughlin contingent upon whether the Board of County Commissioners of Clark County or the Legislative Commission determines that the incorporation is fiscally feasible and, if so, upon the approval of the Charter by the qualified electors of the City. Sections 5-9 of this bill provide, under such circumstances, for the Board of County Commissioners of Clark County to conduct an election on the question of incorporation and a consolidated primary election for candidates for City Council and Mayor. Sections 11 and 12 of this bill provide for a general election of members of the City Council and a Mayor, contingent upon the approval of incorporation. Section 10 of this bill authorizes the Board of County Commissioners to accept gifts, grants and donations to pay for any expenses associated with incorporation, including, without limitation, the costs of the Committee on Local Government Finance for preparing the fiscal feasibility report and for an election held on the question of incorporation and a general election of the Mayor and City Council. Sections 2 and 10 of this bill provide that to the extent that gifts, grants and donations do not cover such expenses, the Board of County Commissioners shall use the Fort Mohave Valley Development Fund to pay the costs.

       Sections 13-15 of this bill authorize the elected City Council to perform various functions before the effective date of incorporation, including preparing and adopting a budget, preparing and adopting ordinances, negotiating and preparing contracts for personnel and various services, negotiating with Clark County for the equitable apportionment of the fixed assets of Clark County that are located in the City of Laughlin and negotiating and preparing certain cooperative agreements with the County. Section 17 provides for the effective date of incorporation, which will be July 1, 2013, if approved by the voters.

 


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ê2011 Statutes of Nevada, Page 2998 (Chapter 481, SB 262)ê

 

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.  The Charter of the City of Laughlin is as follows. Each section of the Charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.

 

ARTICLE I

 

Incorporation of City; General Powers; Boundaries; Annexations; City Offices

 

     Section 1.010  Preamble:  Legislative intent; powers.

     1.  In order to provide for the orderly government of the City of Laughlin and the general welfare of its residents, the Legislature hereby establishes this Charter for the government of the City of Laughlin. It is expressly declared as the intent of the Legislature that all provisions of this Charter be liberally construed to carry out the express purposes of the Charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the Charter.

     2.  Any powers expressly granted by this Charter are in addition to any powers granted to a city by the general law of this State. All provisions of the Nevada Revised Statutes which are applicable generally to cities, unless otherwise expressly mentioned in this Charter or chapter 265, 266 or 267 of NRS, and which are not in conflict with the provisions of this Charter apply to the City of Laughlin.

     Sec. 1.020  Incorporation of City.

     1.  All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of “City of Laughlin,” and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.

     2.  Whenever used throughout this Charter, “City” means the City of Laughlin.

     Sec. 1.030  Description of territory.  The territory embraced in the City is hereby defined and established as follows:

     1.  All those portions of Township 32 South, Range 64 East; Township 32 South, Range 65 East; Township 32 South, Range 66 East; Township 33 South, Range 65 East; Township 33 South, Range 66 East; Township 34 South, Range 66 East, M.D.B. & M., which are located in the County of Clark, State of Nevada.

     2.  Excepting therefrom the following described land:

     (a) That land referred to as the Fort Mojave Indian Reservation, approximately 3,842 acres of land, being a portion of Sections 17, 19, 20 thru 22, 27 thru 28, 30 thru 33 and all of Section 29 of Township 33 South, Range 66 East, Clark County, Nevada, and a portion of Section 5 of Township 34 South, Range 66 East, Clark County, Nevada.

 


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ê2011 Statutes of Nevada, Page 2999 (Chapter 481, SB 262)ê

 

     (b) Further excepting therefrom Township 34 South, Range 66 East, M.D.B. & M., Clark County, Nevada.

     (c) Further excepting therefrom the following described Parcels of land referred to as the “Hotel Corridor”:

           (1) Parcel 1.  The South Half (S 1/2) of the South Half of Section 12 of Township 32 South, Range 66 East, M.D.M., Clark County, Nevada, excepting therefrom State Route 163 recorded in Book 920722 as Instrument 00564, Official Records of Clark County, Nevada, together with Parcel 1 of File 70 of Parcel Maps at Page 20, Official Records of Clark County Nevada, also together with Civic Way recorded in Book 910906 as Instrument Number 00680, Official Records of Clark County, Nevada, lying within the South Half (S 1/2) of the South Half (S 1/2) of said Section 12.

           (2) Parcel 2.  Section 13, Township 32 South, Range 66 East, M.D.M., Clark County, Nevada, excepting therefrom that remaining portion of Parcel 1 of File 53 of Parcel Maps at Page 53, Official Records of Clark County, Nevada, lying within the Southwest Quarter (SW 1/4) of said Section 13, more particularly described as beginning at the Northeast corner of said Parcel 1, said point being on the Southerly right-of-way line of Bruce Woodbury Drive (90.00 feet wide); thence departing said Southerly right-of-way line and along the Easterly line of said Parcel 1, South 01°08′21″ West, 100.00 feet to the Northerly line of Parcel 4 as shown by map thereof recorded in File 98 of Parcel Maps at Page 17, Official Records of Clark County, Nevada; thence along said Northerly line of Parcel 4 the following 2 courses: North 89°59′51″ West, 75.00 feet; North 01°08′21″ East, 100.00 feet to said Southerly right-of-way and said Northerly line of Parcel 1; thence along said Southerly right-of-way line and along said Northerly line of Parcel 1, South 89°59′51″ East, 75.00 feet to the Point of Beginning.

           (3) Parcel 3.  Section 24 of Township 32 South, Range 66 East, M.D.M., Clark County, Nevada excepting therefrom Government Lots 7 & 8 of said Section 24, together with Lots 1 & 2 of File 54 of Parcel Maps at Page 79, Official Records of Clark County, Nevada, lying within the Southwest Quarter (SW 1/4) of said Section 24.

     Sec. 1.040  Limitation on future annexation. Notwithstanding any provision of law to the contrary, no area may be annexed into the boundaries of the City unless a majority of the owners of the real property that make up the area petition the City Council for annexation into the City.

     Sec. 1.050  Form of government.

     1.  The municipal government provided by this Charter shall be known as the “council-manager government.” Pursuant to its provisions and subject only to the limitations imposed by the Constitution of this State and by this Charter, all powers of the City shall be vested in an elective council, hereinafter referred to as “the Council,” which shall:

     (a) Enact local legislation;

     (b) Adopt budgets;

     (c) Determine policies; and

     (d) Appoint the City Manager, who shall execute the laws and administer the government of the City.

 


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ê2011 Statutes of Nevada, Page 3000 (Chapter 481, SB 262)ê

 

     2.  All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner is not prescribed, then in such manner as may be prescribed by ordinance.

     Sec. 1.060  Construction of Charter.  This Charter, except where the context by clear implication otherwise requires, must be construed as follows:

     1.  The titles or leadlines which are applied to the articles and sections of this Charter are inserted only as a matter of convenience and ease in reference and in no way define, limit or describe the scope or intent of any provision of this Charter.

     2.  The singular number includes the plural number, and the plural includes the singular.

     3.  The present tense includes the future tense.

 

ARTICLE II

 

City Council

 

     Sec. 2.010  Number; selection and term; recall.  The Council shall have four Council members and a Mayor elected from the City at large in the manner provided in Article X, for terms of 4 years and until their successors have been elected and have taken office as provided in section 2.100, subject to recall as provided in Article XI. No Council member shall represent any particular constituency or district of the City, and each Council member shall represent the entire City.

     Sec. 2.020  Qualifications.

     1.  No person shall be eligible for the office of Council member or Mayor unless he or she is a qualified elector of the City and has been a resident of the City for at least 1 year immediately before the election in which he or she is a candidate. He or she shall hold no other elective public office, but may hold a commission as a notary public or be a member of the Armed Forces reserve. No employee of the City or officer thereof, excluding Council members, receiving compensation under the provisions of this Charter or any City ordinance, shall be a candidate for or eligible for the office of Council member or Mayor without first resigning from city employment or city office.

     2.  If a Council member or the Mayor ceases to possess any of the qualifications enumerated in subsection 1 or is convicted of a felony, or ceases to be resident of the City, his or her office shall immediately become vacant.

     Sec. 2.030  Salaries.

     1.  For the first 2 years after election of the first members of the Council after adoption of this Charter, each member of the Council shall receive as compensation for his or her services as such a monthly salary of $125.00, and the member elected to fill the Office of Mayor shall receive the additional amount of $25.00 for each month said member shall fill the Office of Mayor.

     2.  After the period specified in subsection 1 and upon recommendation from the Charter Committee established pursuant to section 9.100 of Article IX, the Council may determine the annual salaries of the Mayor and Council members by ordinance.

 


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ê2011 Statutes of Nevada, Page 3001 (Chapter 481, SB 262)ê

 

of the Mayor and Council members by ordinance. The Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council members during the term for which they have been elected or appointed.

     3.  Absence of a member of the Council from all regular and special meetings of the Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month unless by permission of the Council expressed in its official minutes.

     4.  The Mayor and Council members shall be reimbursed for their personal expenses when conducting or traveling on city business as authorized by the Council. Reimbursement for use of their personal automobiles will be at the rate per mile established by the rules of the Internal Revenue Service of the United States.

     5.  The Mayor and Council members shall receive no additional compensation or benefit other than that mandated by state or federal law.

     Sec. 2.040  Mayor; Mayor Pro Tem; duties.

     1.  The Mayor shall:

     (a) Serve as a member of the Council and preside over its meetings;

     (b) Have no administrative duties; and

     (c) Be recognized as the head of the city government for all ceremonial purposes and for the purposes of dealing with emergencies if martial law has been imposed on the City by the State or Federal Government.

     2.  The Council shall elect one of its members to be Mayor Pro Tem, who shall:

     (a) Hold such office and title, without additional compensation, for the period of 1 year;

     (b) Perform the duties of the Mayor during the absence or disability of the Mayor; and

     (c) Assume the position of Mayor, if that office becomes vacant, until the next regular election.

     Sec. 2.050  Powers.  Except as otherwise provided in this Charter, all powers of the City and the determination of all matters of policy shall be vested in the Council. The Council shall have, without limitation, the power to:

     1.  Establish other administrative departments and distribute the work of divisions.

     2.  Adopt the budget of the City.

     3.  Adopt civil service rules and regulations.

     4.  Inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs.

     5.  Appoint the members of all boards, commissions and committees for specific or indefinite terms as provided elsewhere in this Charter or in various resolutions or ordinances, with all such persons serving at the pleasure of the Council, provided, however, that all persons so appointed must be and remain bona fide residents of the City during the tenure of each appointment.

     6.  Levy such taxes as are authorized by applicable laws.

     Sec. 2.060  Powers:  Zoning and Planning.  The Council may:

     1.  Divide the City into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the districts.

 


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ê2011 Statutes of Nevada, Page 3002 (Chapter 481, SB 262)ê

 

     2.  Establish and adopt ordinances and regulations relating to the subdivision of land.

     Sec. 2.070  Council not to interfere in removals.

     1.  Neither the Council nor any of its members shall direct or request the removal of any person from office by the City Manager or by any of his or her subordinates, or in any manner take part in the removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry and as otherwise provided in this Charter, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.

     2.  Any Council member violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, is guilty of a misdemeanor and upon conviction thereof shall cease to be a Council member.

     Sec. 2.080  Vacancies in Council.  Except as otherwise provided in NRS 268.325, a vacancy on the Council must be filled by appointment by a majority of the remaining members of the Council within 30 days or after three regular or special meetings, whichever is the shorter period of time. In the event of a tie vote among the remaining members of the Council, selection must be made by lot. No such appointment extends beyond the next municipal election.

     Sec. 2.090  Creation of new departments or offices; change of duties.  The Council by ordinance may:

     1.  Create, change and abolish offices, departments or agencies, other than offices, departments and agencies established by this Charter.

     2.  Assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.

     Sec. 2.100  Induction of Council into office; meetings of Council.

     1.  The Council shall meet within 10 days after each primary municipal election and each general municipal election specified in Article X, to canvass the returns and to declare the results. All newly elected or reelected Mayor or Council members shall be inducted into office at the next regular Council meeting following certification of the applicable general municipal election results. Immediately following such induction, the Mayor Pro Tem shall be designated as provided in section 2.040. Thereafter, the Council shall meet regularly at such times as it shall set by resolution from time to time, but not less frequently than once each month.

     2.  Special meetings may be held on a call of the Mayor or by a majority of the Council. Reasonable effort must be made to give notice of the special meeting to each Council member, the Mayor, City Clerk, City Attorney and City Manager. Only that business which was stated in the call of the special meeting may be discussed.

     3.  Except as otherwise provided in NRS 241.0355, a majority of all Council members constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent Council members.

 


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     4.  No meeting of the Council may be held for the purpose of conducting or discussing City business except as provided in this section.

     Sec. 2.110  Rules of procedure.

     1.  The Council shall establish rules by ordinance for the conduct of its proceedings and to preserve order at its meetings. It shall, through the City Clerk, maintain a journal record of its proceedings which shall be open to public inspection. Any member of the Council may place items on the Council agenda to be considered by the Council.

     2.  The Council may organize special committees of its members for the principal functions of the government of the City. It shall be the duty of each such committee to be informed of the business of the city government included within the assigned functions of the committee, and, as ordered by the Council, to report to the Council information or recommendations which shall enable the Council properly to legislate.

     Sec. 2.120  Investigations by Council.

     1.  The Council shall have power to inquire into the conduct of any office, department, agency or officer of the City and to make investigations as to municipal affairs. The Council shall have the power and authority on any investigation or proceeding pending before it to impel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council.

     2.  Subpoenas may be issued in the name of the City pursuant to subsection 1 and may be attested by the City Clerk. Disobedience of such subpoenas or the refusal to testify upon other than constitutional grounds shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable.

     Sec. 2.130  Council’s power to make and pass ordinances, resolutions.

     1.  The Council shall have the power to make and pass all ordinances, resolutions and orders, not repugnant to the Constitution of the United States or of the State of Nevada or to the provisions of this Charter, necessary for the municipal government and the management of the city affairs, for the execution of all powers vested in the City, and for making effective the provisions of this Charter.

     2.  The Council shall have the power to enforce obedience to its ordinances by such fines, imprisonments or other penalties as the Council may deem proper, but the punishment for any offense shall not be greater than the penalties specified for misdemeanors under applicable provisions of Nevada Revised Statutes in effect at the time such offense occurred.

     3.  The Council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.

     4.  Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of Laughlin whenever such offense is committed within the city limits.

     Sec. 2.140  Voting on ordinances and resolutions.

     1.  No ordinance or resolution shall be passed without receiving the affirmative votes of at least three members of the Council.

 


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ê2011 Statutes of Nevada, Page 3004 (Chapter 481, SB 262)ê

 

     2.  The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. Upon the request of any member of the Council, the ayes and noes shall be taken and recorded upon any vote. All members of the Council present at any meeting shall vote, except:

     (a) Upon matters in which they have financial interest;

     (b) When they are reviewing an appeal from a decision of a city commission, before which they have appeared as an advocate for or an adversary against the decision being appealed; or

     (c) When they are required to abstain from voting pursuant to the provisions of NRS 281A.420.

     Sec. 2.150  Enactment of ordinances; subject matter, titles.

     1.  No ordinance shall be passed except by bill, and when any ordinance is amended, the section or sections thereof must be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title.

     2.  Every ordinance, except those revising the city ordinances, shall embrace but one subject and matters necessarily connected therewith and pertaining thereto, and the subject shall be clearly indicated in the title, and in all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.

     Sec. 2.160  Introduction of ordinances; notice; final action; publication.

     1.  The style of ordinances must be as follows: “The Council of the City of Laughlin does ordain.” All proposed ordinances, when first proposed, must be read by title to the Council, after which an adequate number of copies of the ordinance must be deposited with the City Clerk for public examination and distribution upon request. Notice of the deposit of the copies, together with an adequate summary of the ordinance, must be published once in a newspaper published in the City, if any, otherwise in some newspaper published in the County which has a general circulation in the City, at least 10 days before the adoption of the ordinance. At any meeting at which final action on the ordinance is considered, at least one copy of the ordinance must be available for public examination. The Council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days after the date of publication, except that in cases of emergency, by unanimous consent of the whole Council, final action may be taken immediately or at a special meeting called for that purpose.

     2.  After final adoption, the ordinance must be signed by the Mayor, and, together with the votes cast on it, must be:

     (a) Published by title, together with an adequate summary including any amendments, once in a newspaper published in the City, if any, otherwise in a newspaper published in the County and having a general circulation in the City; and

     (b) Posted in full in the city hall.

     3.  Except as otherwise provided in subsections 4 and 5, all ordinances become effective 20 days after publication.

 


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ê2011 Statutes of Nevada, Page 3005 (Chapter 481, SB 262)ê

 

     4.  Emergency ordinances having for their purpose the immediate preservation of the public peace, health or safety, containing a declaration of and the facts constituting its urgency and passed by a four-fifths vote of the Council, and ordinances calling or otherwise relating to a municipal election, become effective on the date specified therein.

     5.  All ordinances having for their purpose the lease or sale of real estate owned by the City, except city-owned subdivision or cemetery lots, may be effective not fewer than 5 days after the publication.

     Sec. 2.170  Adoption of specialized, uniform codes.  An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the City, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length. Such code, upon adoption, need not be published if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, have been filed for use and examination by the public in the Office of the City Clerk at least 1 week before the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given in accordance with the provisions of subsection 2 of section 2.160.

     Sec. 2.180  Codification of ordinances; publication of Code.

     1.  The Council shall have the power to codify and publish a code of its municipal ordinances in the form of a Municipal Code, which Code may, at the election of the Council, have incorporated therein a copy of this Charter and such additional data as the Council may prescribe.

     2.  The ordinances in the Code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, attestations and other formal parts.

     3.  The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be “An ordinance for codifying and compiling the general ordinances of the City of Laughlin.”

     4.  The codification may, by ordinance regularly passed, adopted and published, be amended or extended.

     Sec. 2.190  Independent annual audit.  Before the end of each fiscal year, the Council shall designate qualified accountants who, as of the end of the fiscal year, shall make a complete and independent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the Council and to the City Manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of the city business, but, within specifications approved by the Council, shall postaudit the books and documents kept by the Department of Finance and any separate or subordinate accounts kept by any other office, department or agency of the city government.

 

ARTICLE III

 


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ê2011 Statutes of Nevada, Page 3006 (Chapter 481, SB 262)ê

 

 

City Manager

 

     Sec. 3.010  Appointment and qualifications.

     1.  The Council shall appoint a City Manager by a majority vote who by virtue of his or her position as City Manager shall be an officer of the City and who shall have the powers and shall perform the duties in this Charter provided. No member of the Council shall receive such appointment during the term for which he or she shall have been elected, nor within 1 year after the expiration of his or her term.

     2.  The City Manager shall be chosen on the basis of his or her executive and administrative qualifications. The City Manager shall be paid a salary commensurate with his or her responsibilities as Chief Administrative Officer of the City as set by resolution of the Council.

     3.  The Council shall appoint the City Manager for an indefinite term and may remove him or her in accordance with the procedures set forth in section 3.020.

     Sec. 3.020  Removal.

     1.  Before removal of the City Manager may become effective, the Council must adopt, by the affirmative votes of at least four members, a resolution that must state the reasons for the proposed removal of the City Manager and may provide for the suspension of the City Manager from duty, but shall in any case cause to be paid him or her forthwith any unpaid balance of his or her salary and his or her salary for the next calendar month following the date of adoption of the resolution. A copy of the resolution must be delivered promptly to the City Manager.

     2.  The City Manager may reply in writing, and any member of the Council may request a public hearing, which, if requested, shall be held not earlier than 20 days or later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Council may remove the City Manager by motion adopted by the affirmative votes of at least four members of the Council.

     Sec. 3.030  Powers and duties.  The City Manager shall be the Chief Administrative Officer and the Head of the Administrative Branch of the city government. The City Manager shall be responsible to and under the direction of the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities, and duties, the City Manager shall have the power and be required to:

     1.  Subject to the civil service rules and regulations adopted by the Council, and with the approval of the Council, appoint all department heads and officers of the City except those officers the power of appointment of whom is vested in the Council and as otherwise provided in this Charter;

     2.  Subject to the civil service rules and regulations adopted by the Council and ordinances adopted pursuant thereto, pass upon and approve all proposed appointments and removals of subordinate employees, by all officers and heads of offices, agencies and departments;

     3.  Prepare the budget annually and submit it to the Council and be responsible for its administration after adoption;

 


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     4.  Prepare and submit to the Council at the end of the fiscal year a complete report of the finances and administrative activities of the City for the preceding fiscal year;

     5.  Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him or her desirable;

     6.  Keep himself or herself informed of the activities of the several agencies, offices and departments of the City and see to the proper administration of their affairs and the efficient conduct of their business;

     7.  Be vigilant and active in causing all provisions of the law to be executed and enforced;

     8.  Perform all such duties as may be prescribed by this Charter or required of him or her by the Council, not inconsistent with this Charter;

     9.  Submit a monthly report to the Council covering significant activities of the city agencies, offices and departments under his or her supervision and any significant changes in administrative rules and procedures promulgated by him or her; and

     10.  Submit special reports in writing to the Council in answer to any requests for information filed with the City Manager by a member of the Council.

     Sec. 3.040  Seat at Council table.  The City Manager shall be accorded a seat at the Council table and shall be entitled to participate in the deliberations of the Council, but shall not have a vote. The City Manager shall attend all regular and special meetings of the Council unless physically unable to do so or unless his or her absence has received prior approval by a majority of the Council.

     Sec. 3.050  Absence, disability.  To perform his or her duties during his or her temporary absence or disability, the City Manager may designate by letter filed with the City Clerk one of the other officers or department heads of the City to serve as acting City Manager during such temporary absence or disability. Such designation shall be subject to change thereof by the Council. In the event of the failure of the City Manager to make such a designation, the Council may by resolution appoint an officer or department head of the City to perform the duties of the City Manager until he or she shall be prepared to resume the duties of office.

 

ARTICLE IV

 

Officers and Employees

 

     Sec. 4.010  City administrative organization.

     1.  The Council may provide by ordinance not inconsistent with this Charter for the organization, conduct and operation of the several offices, departments and other agencies of the City as established by this Charter, for the creation of additional departments, divisions, offices and agencies and for their alteration or abolition, for their assignment and reassignment to departments, and for the number, titles, qualifications, powers, duties and compensation of all officers and employees.

     2.  The Council by ordinance may assign additional functions or duties to offices, departments or other agencies established by this Charter, but, except as otherwise provided in subsection 3, shall not discontinue or assign to any other office, department or other agency any function or duty assigned by this Charter to a particular office, department or agency.

 


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assign to any other office, department or other agency any function or duty assigned by this Charter to a particular office, department or agency. No office provided in this Charter, to be filled by appointment by the City Manager, shall be combined with an office provided in this Charter to be filled by appointment by the Council.

     3.  Notwithstanding the foregoing, the Council may transfer or consolidate functions of the city government to or with appropriate functions of the state or county government and, in case of any such transfer or consolidation, the provisions of this Charter providing for the functions of the city government so transferred or consolidated, shall be deemed suspended during the continuance of such transfer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by ordinance.

     4.  Subject to the civil service rules and regulations adopted by the Council and section 3.020 of Article III, all officers and department heads of the City, except the City Attorney, Municipal Judge and the City Clerk, shall be appointed by the City Manager and shall thereafter serve at the pleasure of the City Manager.

     5.  Officers of the City appointed by the Council shall be required to reside within the city limits within 3 months of appointment. Employees of the City shall be required to live within a 50-mile radius of the City within 6 months of employment.

     Sec. 4.020  Officers appointed by the Council.

     1.  In addition to the City Manager, the Council shall appoint the City Attorney and the Municipal Judge, if required pursuant to section 5.020 of Article V, who shall serve at the pleasure of the Council and may be removed by motion of the Council adopted by the affirmative votes of at least four members of the Council.

     2.  Subject to the provisions of this Charter and rules and regulations adopted by the Council, the Council shall appoint the City Clerk who shall serve at the pleasure of the Council and may be removed by motion of the Council adopted by the affirmative votes of three members of the Council.

     3.  The appointments of city officers pursuant to subsections 1 and 2 shall be for indefinite terms, and each such officer shall receive such compensation and other benefits as may be determined by resolution of the Council from time to time.

     4.  Any city officer may be temporarily suspended with full pay at any time by a majority vote of the Council, but no city officer may be removed from office unless he or she has first been given an opportunity for a hearing before the Council, at his or her request, with not less than 7 days’ prior notice of the time and place of the hearing. Such hearing may be either public or private, as requested by the officer, and at the hearing, the officer may be assisted by his or her own legal counsel. Any action of the Council following such hearing shall be considered final and conclusive. If a city officer is so removed, the Council will appoint a person as a temporary replacement to perform the duties of the removed officer, and will appoint a qualified person as a permanent replacement officer as soon as practicable.

 


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ê2011 Statutes of Nevada, Page 3009 (Chapter 481, SB 262)ê

 

     5.  No person shall be appointed as a city officer who is a grandparent, parent, uncle, aunt, brother, sister, nephew, niece, child or grandchild, by birth, marriage or adoption, of a city officer, employee or Council member at the time of appointment.

     Sec. 4.030  City Clerk powers and duties.  The City Clerk shall have the power and be required to:

     1.  Receive all documents addressed to the Council and present such documents to the Council.

     2.  Attend all meetings of the Council and its committees and be responsible for:

     (a) Recording and maintaining an accurate journal of Council proceedings;

     (b) Recording the ayes and noes in the final action upon the questions of granting franchises, making of contracts, approving of bills, disposing of or leasing city property, the passage or reconsideration of any ordinance, or upon any other act that involves the payment of money or the incurring of debt by the City; and

     (c) Other duties as required upon the call of any member of the Council.

     3.  Maintain the journal of Council proceedings in books which shall bear appropriate titles and which shall be available for public inspection.

     4.  Maintain separate books in which shall be recorded respectively all ordinances and resolutions, with the certificate of the City Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter, and maintain all such books properly indexed and available for public inspection when not in actual use.

     5.  Have charge of the repository for contracts, surety bonds, agreements, and other related documents of City business.

     6.  Maintain custody of the City seal.

     7.  Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City, and issue certified copies of official City records.

     8.  Conduct all City elections.

     Sec. 4.040  City Attorney; qualifications, power and duties.

     1.  The City Attorney shall be an attorney at law duly licensed under the laws of the State of Nevada. He or she shall devote such time to the duties of his or her office as may be specified in the ordinance or resolution fixing the compensation of such office. If practicable, the Council shall appoint an attorney who has had special training or experience in municipal corporation law.

     2.  The City Attorney shall have the power and be required to:

     (a) Represent and advise the Council and all city officers in all matters of law pertaining to their offices;

     (b) Attend all meetings of the Council and give his or her advice or opinion in writing whenever requested to do so by the Council or by any of the officers and boards of the City;

     (c) Prepare or approve all proposed ordinances and resolutions for the City, and amendments thereto;

 


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ê2011 Statutes of Nevada, Page 3010 (Chapter 481, SB 262)ê

 

     (d) Prosecute on behalf of the people such criminal cases for violation of this Charter or city ordinances, and of misdemeanor offenses and infractions arising upon violations of the laws of the State as, in his or her opinion, that of the Council or of the City Manager, warrant his or her attention;

     (e) Represent and appear for the City, any city officer or employee, or former city officer or employee, in any or all actions and proceedings in which the City or any such officer or employee, in or by reason of his or her official capacity, is concerned or is a party;

     (f) Approve the form of all bonds given to, and all contracts made by, the City, endorsing his or her approval thereon in writing; and

     (g) On vacating the office, surrender to his or her successor all books, papers, files and documents pertaining to the City’s affairs.

     3.  The Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein.

     Sec. 4.050  Director of Finance; qualifications, powers and duties.

     1.  The person appointed by the City Manager for the position of Director of Finance shall be qualified to administer and direct an integrated Department of Finance.

     2.  The Director of Finance shall have the power and be required to:

     (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager.

     (b) Supervise and be responsible for the disbursement of all money and have control over all expenditures to ensure that budget appropriations are not exceeded.

     (c) Supervise a system of financial internal control including the auditing of all purchase orders before issuance, the auditing and approving before payment of all invoices, bills, payrolls, claims, demands or other charges against the City, and, with the advice of the City Attorney, when necessary, determining the regularity, legality and correctness of such charges.

     (d) With the advice of the City Attorney, settle claims, demands or other charges, including the issuing of warrants therefor.

     (e) Maintain general and cost accounting systems for the city government and each of its offices, departments and other agencies.

     (f) Keep separate accounts for the items of appropriation contained in the city budget. Each account shall show the amount of appropriations, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance.

     (g) Require reports of the receipts and disbursements from each receiving and expending agency of the city government to be made daily or at such intervals as he or she may deem expedient.

     (h) Submit to the Council through the City Manager a monthly statement of all receipts and disbursements and other financial data in sufficient detail to show the exact financial condition of the City, and, as of the end of each fiscal year, submit a complete financial statement and report.

     (i) Administer the license and business tax program of the City.

 


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ê2011 Statutes of Nevada, Page 3011 (Chapter 481, SB 262)ê

 

     (j) Direct treasury administration for the City, including, without limitation:

           (1) Receiving and collecting revenues and receipts from whatever source;

           (2) Maintaining custody of all public funds belonging to or under the control of the City or any office, department or other agency of the city government; and

           (3) Depositing all funds coming into his or her hands in such depository as may be designated by resolution of the Council, or, if no such resolution is adopted, by the City Manager, in compliance with all of the provisions of the Constitution and laws of this State governing the handling, depositing, and securing of public funds.

     (k) Direct centralized purchasing and a property control system for the city government under rules and regulations to be prescribed by ordinance.

     Sec. 4.060  Performance review.  On or before the annual anniversary date of the appointment of persons serving in the positions of City Manager, City Attorney and City Clerk, the Council shall review and evaluate the performance of such appointees.

     Sec. 4.070  Appointment powers of department heads.  Subject to the approval of the City Manager and subject to civil service rules and regulations adopted by the Council, each head of a department, office or other agency shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the Council for his or her department, office or other agency.

 

ARTICLE V

 

Judicial

 

     Sec. 5.010  Municipal court.  The municipal court must be presided over by the Justice of the Peace of Laughlin Township as ex officio municipal judge.

     Sec. 5.020  Municipal judge appointed.  If the Office of Justice of the Peace of Laughlin Township ceases to exist, the municipal court shall be presided over by a municipal judge appointed by the Council.

 

ARTICLE VI

 

City Budgets

 

     Sec. 6.010  Budgets.  Budgets for the City shall be prepared in accordance with and shall be governed by the provisions of the general laws of the State pertaining to budgets of cities.

 

ARTICLE VII

 

Public Improvements and Repairs

 

     Sec. 7.010  Expenses of improvements; payment by funds or by special assessments.  The expenses of public improvements and repairs, such as the improvement of streets and alleys by grading, paving, graveling and curbing, the construction, repair, maintenance and preservation of sidewalks, drains, curbs, gutters, storm sewers, drainage systems, sewerage systems and sewerage disposal plants, may be paid from the General Fund or Street Fund or the cost or portion thereof as the Council shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the land abutting upon such improvement and such other lands as in the opinion of the Council may benefit by the improvement all in the manner contained in the provisions of the Nevada Revised Statutes.

 


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ê2011 Statutes of Nevada, Page 3012 (Chapter 481, SB 262)ê

 

and curbing, the construction, repair, maintenance and preservation of sidewalks, drains, curbs, gutters, storm sewers, drainage systems, sewerage systems and sewerage disposal plants, may be paid from the General Fund or Street Fund or the cost or portion thereof as the Council shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the land abutting upon such improvement and such other lands as in the opinion of the Council may benefit by the improvement all in the manner contained in the provisions of the Nevada Revised Statutes.

 

ARTICLE VIII

 

City Assessor; Tax Receiver; Finances and Purchasing

 

     Sec. 8.010  Clark County Assessor to be ex officio City Assessor.  The County Assessor of Clark County shall, in addition to the duties now imposed upon him or her by law, act as the Assessor of the City and shall be ex officio City Assessor, without further compensation. He or she shall perform such duties as the Council may by ordinance prescribe with the County Assessor’s consent.

     Sec. 8.020  Clark County Treasurer to be ex officio City Tax Receiver.  The County Treasurer of Clark County shall, in addition to the duties now imposed upon him or her by law, act as ex officio City Tax Receiver. He or she shall receive and safely keep all moneys that come to the City by taxation, and shall pay the same to the Director of Finance. The City Tax Receiver may, with the consent of the Council, collect special assessments which may be levied by authority of this Charter or city ordinance when they become due and payable, and whenever and wherever the general laws of the State of Nevada regarding the authorized acts of tax receivers may be, the same hereby are, made applicable to the City Tax Receiver of the City of Laughlin, in the collection of city special assessments.

     Sec. 8.030  Procedures for city purchasing.  All purchases of goods or services of every kind or description for the City by any office, commission, board, department or any division thereof shall be made in conformance with the Nevada Revised Statutes, as amended from time to time.

     Sec. 8.040  Transfer of appropriations.  The City Manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency.

     Sec. 8.050  When contracts and expenditures prohibited.

     1.  No officer, department or agency shall, during any budget year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. Any officer or employee of the City who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his or her office or employment.

 


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ê2011 Statutes of Nevada, Page 3013 (Chapter 481, SB 262)ê

 

     2.  Nothing in this section shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made, when such contract is permitted by law.

 

ARTICLE IX

 

Appointive Boards and Commissions

 

     Sec. 9.010  Established; enumerated.

     1.  The Council may create by ordinance such other appointive boards or commissions as in its judgment are required and may grant to them powers and duties as are consistent with the provisions of this Charter. The Council, by motion adopted by the affirmative votes of at least a majority of its members, may appoint from time to time temporary committees as deemed advisable to render counsel and advice to the appointing authorities on any designated matters or subjects within the jurisdiction of such authorities.

     2.  The Personnel Board is hereby established and has the powers and duties contained in this Article.

     Sec. 9.020  Appointments, removals, vacancies, terms.

     1.  Except as otherwise specified in this Charter, the members of each of the appointive boards and commissions shall be appointed, and may be removed, by the Council, subject in both appointment and removal by the affirmative votes of a majority of the Council. For the purposes of this rule, residency is only required at the time of nomination.

     2.  If a member of a board or commission:

     (a) Is absent from two regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes;

     (b) Fails to attend at least one-half of the regular meetings of such board or commission within a calendar year;

     (c) Is convicted of a crime involving moral turpitude; or

     (d) Ceases to be a qualified elector of the City,

Ê the office of that member shall become vacant and shall be so declared by the Council.

     3.  Except as otherwise provided in subsection 2 or section 9.030, the members of such boards and commissions shall serve for a term of 2 years and until their respective successors are appointed and qualified.

     Sec. 9.030  Prohibition against serving as treasurer for campaign committee.  If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for Mayor or Council member, his or her office shall become vacant and shall be so declared by the Council. Any provisions of this Article notwithstanding, no person who serves as the treasurer of a campaign committee which receives contributions for any candidate for Mayor or Council member shall be eligible for appointment to any appointive board or commission.

 


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ê2011 Statutes of Nevada, Page 3014 (Chapter 481, SB 262)ê

 

     Sec. 9.040  Appropriations therefor.  The Council shall include in its annual budget such appropriations of funds as, in its opinion, shall be sufficient for the efficient and proper functioning of such appointive boards and commissions.

     Sec. 9.050  Meetings; chair.

     1.  The election of each chair and vice chair shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chair or vice chair, shall elect one of its members for the unexpired term. The chair shall have the responsibility for informing the Council or board, commission or committee of actions or inactions and the reasons therefor.

     2.  Each board or commission, other than the Personnel Board, shall hold a regular meeting at least once a month with reasonable provision for attendance by the public. The City Manager shall designate a secretary for the recording of minutes for each such board and commission, who shall keep a record of its proceedings and transactions. Each board and commission shall prescribe rules and regulations governing its operations which shall be consistent with this Charter and shall be filed with the City Clerk for public inspection. The Personnel Board shall meet monthly, provided there is business on the agenda to come before it. In the event no business is placed on the Personnel Board’s agenda 5 days preceding the tentative meeting date, no meeting need be held, provided that in no event shall more than 3 months intervene between meetings of the Personnel Board.

     Sec. 9.060  Compensation.  The members of appointive boards and commissions shall receive such compensation, if any, as may be prescribed by ordinance and may receive reimbursement for necessary traveling and other expenses when on official duty of the City when such expenditure has been so authorized by the board or commission and subject to rules and regulations prescribed by ordinance or order of the Council.

     Sec. 9.070  Attendance of witnesses; oaths and affirmations.  Each appointive board or commission shall have the same power as the Council to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Each member of any such board or commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before such board or commission.

     Sec. 9.080  Personnel Board:  Membership.  The Personnel Board shall consist of five members to be appointed by the Council from the qualified electors of the City. None of the members shall be removed from office without reasonable and sufficient cause, in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in the city government or be a candidate for any other public office or position, be an officer of any local, state or national partisan political club or organization, or while a member of the Personnel Board or for a period of 1 year after he or she has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City.

 


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ê2011 Statutes of Nevada, Page 3015 (Chapter 481, SB 262)ê

 

     Sec. 9.090  Personnel Board:  Powers and duties.  The Personnel Board shall have the power and be required to:

     1.  Hear appeals pertaining to the disciplinary suspension, demotion or dismissal of any officer or employee having permanent status in any office, position or employment in the civil service, and as otherwise provided for in the civil service rules and regulations;

     2.  Consider matters that may be referred to it by the Council or the City Manager and render such counsel and advice in regard thereto as may be requested by the referring authorities;

     3.  By its own motion, make such studies and investigations as it may deem necessary for the review of civil service rules and regulations, or to determine the wisdom and efficacy of the rules, regulations, policies, plans and procedures dealing with civil service matters and report its findings and recommendations to the City Manager or the Council, or to both such authorities, as it may see fit; and

     4.  Conduct public hearings on proposed revisions of civil service rules and regulations in the manner as prescribed by ordinance and advise the Council of its findings in such matters within 60 days.

     Sec. 9.100  Charter Committee: Appointment; terms; qualifications; compensation.

     1.  The Charter Committee must be appointed as follows:

     (a) One member by each member of the Council.

     (b) One member by the Mayor.

     (c) One member by each member of the Senate and Assembly delegation representing the residents of the City.

     2.  Each member shall:

     (a) Serve during the term of the person by whom he or she was appointed;

     (b) Be a registered voter of the City; and

     (c) Reside in the City during his or her term of office.

     3.  Members of the Committee are entitled to receive compensation, in an amount set by ordinance of the Council, for each full meeting of the Committee they attend.

     Sec. 9.110  Charter Committee: Meetings; duties.

     The Charter Committee shall:

     1.  Meet at least once every 2 years immediately before the beginning of each regular session of the Legislature and when requested by the Council or the Chair of the Committee.

     2.  Prepare recommendations to be presented to the Legislature on behalf of the City concerning all necessary amendments to this Charter.

     3.  Recommend to the Council the salary to be paid all elective officers for the ensuing term.

     4.  Perform all functions and do all things necessary to accomplish the purposes for which it is established, including, but not limited to, holding meetings and public hearings, and obtaining assistance from City officers.

     Sec. 9.120  Charter Committee members: Removal; grounds.

     1.  Any member of the Charter Committee may be removed by a majority of the remaining members of the Committee for cause, including the failure or refusal to perform the duties of office, the absence from three successive regular meetings, or ceasing to meet any qualification for appointment to the Committee.

 


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ê2011 Statutes of Nevada, Page 3016 (Chapter 481, SB 262)ê

 

     2.  In case of removal, a replacement must be appointed by the officer who appointed the removed member.

 

ARTICLE X

 

City Elections

 

     Sec. 10.010  Applicability of state election laws.  All city elections must be nonpartisan in character and must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the Council which are consistent with law and this Charter.

     Sec. 10.020  Terms.  All full terms of office in the Council are 4 years, and Council members and the Mayor must be elected at large without regard to precinct residency. Two full-term Council members and the Mayor are to be elected in each year of a federal presidential election, and two full-term Council members are to be elected 2 years immediately following a federal presidential election. In each election, the candidates receiving the greatest number of votes must be declared elected to the vacant full-term positions.

     Sec. 10.030  Specific Council positions.  In the event a 2-year term position on the Council will be available at the time of a municipal election as provided in section 10.020, a candidate must file specifically for such a position. The candidate receiving the greatest respective number of votes must be declared elected to the available 2-year position.

     Sec. 10.040  Municipal elections.  Except as otherwise provided in this Charter, a primary municipal election and a general municipal election must be held on the dates fixed by the election laws of this State for statewide elections.

     Sec. 10.050  Primary not required.  A primary municipal election must not be held if not more than double the number of Council members to be elected file as candidates. A primary municipal election must not be held for the Office of Mayor if not more than two candidates file for that position. The primary municipal election must be held for the purpose of eliminating candidates in excess of a figure double the number of Council members to be elected.

     Sec. 10.060  General municipal election not required.  If, in the primary municipal election, a candidate receives votes equal to a majority of voters casting ballots in that election, he or she shall be considered elected to one of the vacancies and his or her name shall not be placed on the ballot for the general municipal election.

     Sec. 10.070  Voters entitled to vote for each seat on ballot.  In each primary municipal election and general municipal election, voters shall be entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the city elections.

     Sec. 10.080  Council to control elections.  The conduct of all municipal elections shall be under the control of the Council, which shall adopt by ordinance all regulations which it considers desirable and consistent with law and this Charter. Nothing in this Charter shall be construed as to deny or abridge the power of the Council to provide for supplemental regulations for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud.

 


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ê2011 Statutes of Nevada, Page 3017 (Chapter 481, SB 262)ê

 

ARTICLE XI

 

Initiative, Referendum and Recall

 

     Sec. 11.010  Registered voters’ power of initiative and referendum concerning city ordinances.  The registered voters of a city may:

     1.  Propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without change in substance, adopt or reject it at a primary or general municipal election or primary or general state election; and

     2.  Require reconsideration by the Council of any adopted ordinance, and if the Council fails to repeal an ordinance so considered, approve or reject it at a primary or general municipal election or primary or general state election.

     Sec. 11.020  Initiative and referendum proceedings.  All initiative and referendum proceedings shall be conducted in conformance with the provisions of the Nevada Revised Statutes, as amended from time to time.

     Sec. 11.030  Results of election.

     1.  If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the results of the election and must be treated in all respects in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes prevails to the extent of the conflict.

     2.  If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the results of the election.

     3.  No initiative ordinance voted upon by the registered voters or an initiative ordinance in substantially the same form as one voted upon by the people, may again be placed on the ballot until the next primary or general municipal election or primary or general state election.

     Sec. 11.040  Repealing ordinances; publication.  Initiative and referendum ordinances adopted or approved by the voters may be published and shall not be amended or repealed by the Council, as in the case of other ordinances.

     Sec. 11.050  Recall of Council members.  As provided by the general laws of this State, every member of the Council is subject to recall from office.

 

ARTICLE XII

 

Public Utilities

 

     Sec. 12.010  Granting of franchises.

     1.  The City shall have the power to grant a franchise to any private corporation for the use of streets and other public places in the furnishing of any public utility service to the City and to its inhabitants.

 


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ê2011 Statutes of Nevada, Page 3018 (Chapter 481, SB 262)ê

 

     2.  All franchises and any renewals, extensions and amendments thereto shall be granted only by ordinance. A proposed franchise ordinance shall be submitted to the City Manager, and he or she shall render to the Council a written report containing recommendations thereon.

     3.  The City shall have the power, as one of the conditions of granting any franchise, to impose a franchise tax, either for the purpose of license or for revenue.

     Sec. 12.020  Conditions and transfer of franchises.

     1.  Every franchise or renewal, extension or amendment of a franchise hereafter granted shall:

     (a) Include that the City may issue such orders with respect to safety and other matters as may be necessary or desirable for the community; and

     (b) Reserve to the City the right to make all future regulations or ordinances deemed necessary for the preservation of the health, safety and public welfare of the City, including, without limitation, regulations concerning the imposition of uniform codes upon the utilities, standards and rules concerning the excavations and use to which the streets, alleys and public thoroughfares may be put and regulations concerning placement of easement improvements such as poles, valves, hydrants and the like.

     2.  No franchise shall be transferred hereafter by any utility to another without the approval of the Council, and as a condition to such approval, the successor in interest to the said franchise shall execute a written agreement containing a covenant that it will comply with all the terms and conditions of the franchise then in existence.

     Sec. 12.030  Condemnation.  The City, by initiative ordinance, shall have the right to condemn the property of any public utility subject to the provisions of chapter 37 of NRS. The public utility shall receive just compensation for the taking of its property. Such an initiative petition must be voted on by the people and cannot be passed by simple acceptance of the Council.

     Sec. 12.040  Establishment of municipally owned and operated utilities.

     1.  The City shall have power to own and operate any public utility, to construct and install all facilities that are reasonably needed and to lease or purchase any existing utility properties used and useful in public service.

     2.  The Council may provide by ordinance for the establishment of such utility, but an ordinance providing for a newly owned and operated utility shall be enacted only after such hearings and procedure as required herein for the granting of a franchise, and shall also be submitted to and approved at a popular referendum provided that an ordinance providing for any extension, enlargement or improvement of an existing utility may be enacted as a matter of general municipal administration.

     3.  The City shall have the power to execute long-term contracts for the purpose of augmenting the services of existing municipally owned utilities. Such contracts shall be passed only in the form of ordinances and may exceed in length the terms of office of the members of the Council.

 


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ê2011 Statutes of Nevada, Page 3019 (Chapter 481, SB 262)ê

 

     Sec. 12.050  Municipal utility organizations.

     1.  The Council may provide for the establishment of a separate department to administer the utility function, including the regulation of privately owned and operated utilities and the operation of municipally owned utilities. Such department shall keep separate financial and accounting records for each municipally owned and operated utility and before February 1 of each fiscal year, shall prepare for the City Manager, in accordance with his or her specifications, a comprehensive report of each utility. The responsible departments or officer shall endeavor to make each utility financially self-sustaining, unless the Council shall by ordinance adopt a different policy. All net profits derived from municipally owned and operated utilities may be expended in the discretion of the Council for general municipal purposes.

     2.  The rates for the products and services of any municipally owned and operated utility shall only be established, reduced, altered or increased by resolution of the Council following a public hearing.

     Sec. 12.060  Financial provisions.

     1.  The City may finance the acquisition of privately owned utility properties, the purchase of land and the cost of all construction and property installation for utility purposes by borrowing in accordance with the provisions of general law.

     2.  Appropriate provisions shall be made for the amortization and retirement of all bonds within a maximum period of 40 years. Such amortization and retirement may be effected through the use of depreciation funds or other financial resources provided through the earnings of the utility.

     Sec. 12.070  Sale of public utilities; proviso.

     1.  No public utility of any kind, after having been acquired by the City, may thereafter be sold or leased by the City, unless the proposition for the sale or lease has been submitted to the electors of the City at a special election or primary or general municipal election or primary or general state election. After a majority vote of those electors in favor of the sale, the sale may not be made except after 30 days’ published notice thereof, except that the provisions of this section do not apply to a sale by the Council of parts, equipment, trucks, engines and tools which have become obsolete or worn out, any of which equipment may be sold by the Council in the regular course of business.

     2.  A special election may be held only if the Council determines, by a unanimous vote, that an emergency exists. The determination made by the Council is conclusive unless it is shown that the Council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the Council must be commenced within 15 days after the Council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the Council to prevent or mitigate a substantial financial loss to the City or to enable the Council to provide an essential service to the residents of the City.

 


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ê2011 Statutes of Nevada, Page 3020 (Chapter 481, SB 262)ê

 

ARTICLE XIII

 

Miscellaneous Provisions

 

     Sec. 13.010  Removal of officers and employees.  Subject to the provisions of this Charter not inconsistent herewith, any employee of the City may be suspended or dismissed from employment at any time by the City Manager or by any applicable person appointed by the City Manager pursuant to this Charter. Unless otherwise provided in this Charter, any such action shall be considered final and conclusive and shall not be subject to appeal to any city governmental entity.

     Sec. 13.020  Right of City Manager and other officers of Council.  The City Manager shall have the right to take part in the discussion of all matters coming before the Council, and the directors and other officers shall be entitled to take part in all discussions of the Council relating to their respective offices, departments or agencies.

     Sec. 13.030  Personal interest.

     1.  No elective or appointive officer shall take any official action on any contract or other matter in which he or she has any financial interest.

     2.  A violation of the provisions of this section shall constitute a misdemeanor, subject to a penalty not to exceed the penalties specified for misdemeanors under applicable provisions of Nevada Revised Statutes in effect at the time of such violation.

     Sec. 13.040  Official bonds.  Officers or employees, as the Council may by general ordinance require so to do, including a municipal court judge appointed pursuant to section 5.020 of Article V, if any, shall give bond in such amount and with such surety as may be approved by the Council. The premiums on such bonds shall be paid by the City.

     Sec. 13.050  Oath of office.  Every officer of the City shall, before entering upon the duties of his or her office, take and subscribe to the official oath of office of the State of Nevada:

 

      “I,...................., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any Ordinance, Resolution or Law of any State notwithstanding, and I will well and faithfully perform all the duties of the Office of.................. on which I am about to enter; (if any oath) so help me God; (if any affirmation) under the pains and penalties of perjury.”

     Sec. 13.060  Short title; citation of City of Laughlin Act of 2011.  This Charter shall be known and may be cited as the City of Laughlin Charter.

     Sec. 13.070  Construction of Charter; separability of provisions.

     1.  Whenever any reference is made to any portion of the Nevada Revised Statutes or of any other law of the State or of the United States, such reference shall apply to all amendments and additions thereto now or hereafter made.

 


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ê2011 Statutes of Nevada, Page 3021 (Chapter 481, SB 262)ê

 

     2.  If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of the section to which such holding shall directly apply.

     Sec. 2.  Section 9 of the Fort Mohave Valley Development Law, being chapter 427, Statutes of Nevada 2007, as amended by chapter 369, Statutes of Nevada 2009, at page 1860, is hereby amended to read as follows:

      Sec. 9.  Limitations on use of money.

      [The]

      1.  Except as otherwise provided in subsection 2, the Board of County Commissioners may use money in the Fort Mohave Valley Development Fund only to:

      [1.] (a) Purchase or otherwise acquire lands described in sections 4 and 8 of this act; and

      [2.] (b) Administer the Fort Mohave Valley Development Law exclusively for the purposes of developing the Fort Mohave Valley and any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley, including, without limitation, the planning, design and construction of capital improvements which develop the land in the Fort Mohave Valley or in any general improvement district, special district, town or city whose territory contains all or a part of the land in the Fort Mohave Valley.

      2.  The Board of County Commissioners shall use money in the Fort Mohave Valley Development Fund to pay:

      (a) Any costs incurred by the Committee on Local Government Finance created by NRS 354.105, for the preparation of the report related to the fiscal feasibility of the incorporation of the City of Laughlin that is required by section 4 of this act;

      (b) Any costs incurred by the County to hold the elections described in sections 5 and 11 this act; and

      (c) Any other costs incurred by the County or City of Laughlin associated with the incorporation of the City of Laughlin,

Ê to the extent that gifts, grants or donations are not available to pay for the expenses.

     Sec. 3.  As used in sections 3 to 16, inclusive, of this act:

     1.  “Board of County Commissioners” means the Board of County Commissioners of Clark County.

     2.  “City” means the City of Laughlin.

     3.  “City Council” means the City Council elected pursuant to section 11 of this act.

     4.  “County” means the County of Clark.

     5.  “Fort Mohave Valley Development Fund” means the fund created in the County Treasury pursuant to section 6 of the Fort Mohave Valley Development Law.

 


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ê2011 Statutes of Nevada, Page 3022 (Chapter 481, SB 262)ê

 

     6.  “Qualified elector” means a person who is registered to vote in this State and is a resident of the area to be included in the City, as shown by the last official registration lists before the election.

     Sec. 4.  1.  On or before December 31, 2011, the Committee on Local Government Finance, created by NRS 354.105, shall prepare and submit a report to the Board of County Commissioners and the Legislative Commission with respect to the fiscal feasibility of the incorporation of the City. This report must:

     (a) Include, without limitation analyses of:

           (1) The tax revenue and other revenues of the County that may be impacted by the incorporation of the City.

           (2) The tax revenue and other revenues of the Township of Laughlin compared to the potential tax revenue and other revenues of the City after incorporation.

           (3) The expenditures made by the Township of Laughlin compared to the anticipated expenditures of the City after incorporation.

           (4) The expenditures made by the County for support of the Township of Laughlin that may or may not be impacted by the incorporation of the City.

     (b) Be made available to the public for consideration before any election on the question of incorporation held pursuant to section 5 of this act.

     2.  Not later than 90 days after receiving the report, the Board of County Commissioners and the Legislative Commission shall review the report and make a determination as to whether the incorporation of the City is fiscally feasible.

     3.  The County Clerk shall cause the report to be published in a newspaper printed in the County and having a general circulation in the City at least once a week for 3 consecutive weeks. If the Board of County Commissioners or the Legislative Commission determines that the incorporation of the City is fiscally feasible, the final publication of the report must be published before the date of the election held pursuant to section 5 of this act.

     Sec. 5.  1.  If the Board of County Commissioners or the Legislative Commission determines pursuant to section 4 of this act that the incorporation of the City is fiscally feasible, an election on the question of incorporation of the City of Laughlin must be held. The election will also be a primary election for the offices of Mayor and City Council.

     2.  The Board of County Commissioners may call a special election for the purposes of subsection 1, or may conduct an election pursuant to subsection 1 on the date of the first primary election held in the County after the Board of County Commissioners receives the report required by section 4 of this act. The special election, if any, must be held within 90 days after the Board of County Commissioners receives the report prepared pursuant to section 4 of this act and conducted in accordance with the provisions of law relating to general elections so far as the same can be made applicable.

     3.  If the Board of County Commissioners calls a special election for the purposes of subsection 1, the County Clerk shall cause a notice of the election to be published in a newspaper printed in the County and having a general circulation in the City at least once a week for 3 consecutive weeks.

 


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ê2011 Statutes of Nevada, Page 3023 (Chapter 481, SB 262)ê

 

general circulation in the City at least once a week for 3 consecutive weeks. The final publication of notice must be published before the date of the election.

     4.  If the Board of County Commissioners conducts an election pursuant to subsection 1 on the day of the first primary election held in the County after the Board of County Commissioners receives the report required by section 4 of this act, the County Clerk shall cause notice of the election to be published pursuant to NRS 293.203.

     5.  The notice of the election held pursuant to subsection 3 or 4 must contain:

     (a) The date of the election;

     (b) The hours during the day in which the polls will be open;

     (c) The location of the polling places;

     (d) A statement of the question in substantially the same form as it will appear on the ballots;

     (e) The names of the candidates; and

     (f) A list of the offices to which the candidates seek election.

     Sec. 6.  The incorporation question on the ballots used for an election held pursuant to section 5 of this act must be in substantially the following form:

 

Shall the area described as...........(describe area) be incorporated as the City of Laughlin?

Yes o     No o

The voter shall mark the ballot by placing a cross (x) next to the word “yes” or “no.”

     Sec. 7.  1.  A person who wishes to become a candidate for any office to be voted for at an election held pursuant to section 5 of this act must:

     (a) Reside within the boundaries of the City;

     (b) File an affidavit of candidacy, which must include a declaration of residency, with the County Clerk not later than the date for the filing of such affidavits as set by the County Clerk; and

     (c) File a nomination petition containing at least 100 signatures of qualified electors.

     2.  Qualified electors may sign more than one nominating petition for candidates for the same office.

     3.  A candidate may withdraw his or her candidacy pursuant to the provisions of NRS 293.202.

     4.  If there are less than three candidates for any office to be filled at a primary election held pursuant to section 5 of this act, their names must not be placed on the ballot for the primary election but must be placed on the ballot for a general election held pursuant to section 11 of this act.

     5.  The names of the two candidates for mayor and for each seat on the City Council who receive the highest number of votes in a primary election held pursuant to section 5 of this act must be placed on the ballot for a general election held pursuant to section 11 of this act.

     Sec. 8.  1.  At least 10 days before an election held pursuant to section 5 of this act, the County Clerk shall cause to be mailed to each qualified elector a sample ballot for his or her precinct with a notice informing the elector of the location of his or her polling place.

 


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ê2011 Statutes of Nevada, Page 3024 (Chapter 481, SB 262)ê

 

     2.  The sample ballot must:

     (a) Include the question in the form required by section 6 of this act;

     (b) Describe the area proposed to be incorporated by assessor’s parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination of these; and

     (c) Include the names of candidates for the various offices as determined pursuant to section 7 of this act.

     Sec. 9.  1.  The Board of County Commissioners shall canvass the votes cast in an election held pursuant to section 5 of this act in the same manner as votes are canvassed in a general election. Upon completion of the canvass, the Board shall immediately notify the County Clerk of the results.

     2.  The County Clerk shall, upon receiving notice of the canvass from the Board of County Commissioners, immediately cause to be published a notice of the results of the election in a newspaper of general circulation in the County. If the incorporation is approved by the voters, the notice must include the category of the City according to population, as described in NRS 266.055. The County Clerk shall file a copy of the notice with the Secretary of State.

     Sec. 10.  1.  The Board of County Commissioners may accept gifts, grants and donations to pay for any expenses that are related to the incorporation of the City, including, without limitation:

     (a) The costs incurred by the Committee on Local Government Finance for preparing the fiscal feasibility report required by section 4 of this act;

     (b) The costs incurred by the County to hold any elections described in sections 5 and 11 of this act; and

     (c) Any other costs incurred by the County or City associated with the incorporation of the City of Laughlin.

     2.  To the extent that gifts, grants and donations do not pay the costs of the expenses described in subsection 1, the Board of County Commissioners shall order the County Treasurer to pay such expenses from the Fort Mohave Valley Development Fund.

     3.  The County Clerk shall submit to the Board of County Commissioners a statement of all expenses related to conducting any elections held pursuant to sections 5 and 11 of this act.

     Sec. 11.  1.  If the incorporation of the City is approved by the voters at an election held pursuant to section 5 of this act, a general election must be held to elect four members of the City Council and the Mayor. The Board of County Commissioners may conduct a special election for the purposes of this subsection, or may conduct the election required by this subsection on the date of the first general election held in the County after the date of the election held pursuant to section 5 of this act. The election must be conducted in accordance with the provisions of law relating to general elections so far as the same can be made applicable.

     2.  The names of the two candidates for Mayor and for each particular seat on the City Council who receive the highest number of votes in the primary election must be placed on the ballot for the general election. A candidate for Mayor or a seat on the City Council may not withdraw from the general election.

 


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ê2011 Statutes of Nevada, Page 3025 (Chapter 481, SB 262)ê

 

     Sec. 12.  1.  The term of the Mayor elected pursuant to section 11 of this act expires upon the election and qualification of the person elected Mayor in the general municipal election held in 2016 pursuant to section 10.020 of the City of Laughlin Charter.

     2.  The members of the City Council elected pursuant to section 11 of this act shall, at the first meeting of the City Council after their election and qualification, draw lots to determine the length of their respective terms.

     3.  The terms of two of the members of the City Council elected pursuant to section 11 of this act expire upon the election and qualification of the persons elected to the City Council in the general municipal election held in 2014 pursuant to section 10.020 of the City of Laughlin Charter. The terms of the two other members of the City Council elected pursuant to section 11 of this act expire upon the election and qualification of the persons elected to the City Council in the general municipal election held in 2016 pursuant to section 10.020.

     Sec. 13.  Before the incorporation of the City becomes effective but after the general election held pursuant to section 11 of this act, the City Council may:

     1.  Prepare and adopt a budget;

     2.  Prepare and adopt ordinances;

     3.  Prepare to levy an ad valorem tax on property within the area of the City, at the time and in the amount prescribed by law for cities, for the fiscal year beginning on the date the incorporation of the City becomes effective;

     4.  Negotiate and prepare an equitable apportionment of the fixed assets of the County pursuant to section 15 of this act;

     5.  Negotiate and prepare contracts for the employment of personnel;

     6.  Negotiate and prepare contracts to provide services for the City, including, without limitation, those services provided for by chapter 277 of NRS;

     7.  Negotiate and prepare contracts for the purchase of equipment, materials and supplies;

     8.  Negotiate and prepare contracts or memorandums of understanding with the County for the City to provide services to unincorporated areas of the County that are contiguous to the City;

     9.  Negotiate and prepare a cooperative agreement pursuant to NRS 360.730; and

     10.  Communicate with and provide information to the Department of Taxation to effectuate the allocation of tax revenues on the date the incorporation of the City becomes effective.

     Sec. 14.  1.  During the period from the filing of the notice of results of an election conducted pursuant to section 5 of this act by the County Clerk until the date the incorporation of the City becomes effective, the County is entitled to receive the taxes and other revenue from the City and shall continue to provide services to the City.

     2.  Except as otherwise provided in NRS 318.492, all special districts, except fire protection districts, located within the boundaries of the City continue to exist within the City after the incorporation becomes effective.

 


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ê2011 Statutes of Nevada, Page 3026 (Chapter 481, SB 262)ê

 

     Sec. 15.  1.  The City Council and the Board of County Commissioners shall, before the date that the incorporation becomes effective or within 90 days after that date, equitably apportion those fixed assets of the County which are located within the boundaries of the City. The City Council and the Board of County Commissioners shall consider the location, use and types of assets in determining an equitable apportionment between the County and the City.

     2.  Any real property and its appurtenances located within the City and not required for the efficient operation of the County’s duties must first be applied toward the City’s share of the assets of the County. Any real property which is required by the County for the efficient operation of its duties must not be transferred to the City.

     3.  If an agreement to apportion the assets of the County is not reached within 90 days after the incorporation of the City, the matter may be submitted to arbitration upon the motion of either party.

     4.  Any appeal of the arbitration award must be filed with the district court within 30 days after the award is granted.

     Sec. 16.  Any property located within the City which was assessed and taxed by the County before incorporation must continue to be assessed and taxed to pay for the indebtedness incurred by the County before incorporation.

     Sec. 17.  1.  This section and sections 2 to 16, inclusive, of this act become effective upon passage and approval.

     2.  Section 1 of this act becomes effective, if the incorporation of the City of Laughlin is approved by the voters at an election held pursuant to section 5 of this act, on July 1, 2013.

________

 


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ê2011 Statutes of Nevada, Page 3027ê

 

CHAPTER 482, SB 193

Senate Bill No. 193–Senator Hardy

 

Joint Sponsors: Assemblymen Hardy and Stewart

 

CHAPTER 482

 

[Approved: June 16, 2011]

 

AN ACT relating to cosmetology; revising certain provisions governing schools of cosmetology; establishing the procedures for the licensure of certain persons who engage in the practice of hair braiding and persons who operate an establishment for hair braiding; revising provisions relating to the regulation of sanitary conditions; revising provisions relating to the licensure of various cosmetology professionals and cosmetological establishments; revising provisions relating to the surety bond requirements for a school of cosmetology; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the State Board of Cosmetology to determine the qualifications of applicants for various licenses in cosmetology, requires the Board to license schools of cosmetology, and authorizes the Board to adopt regulations governing the sanitary conditions in cosmetological establishments, schools of cosmetology and in the practice of cosmetology. (NRS 644.090, 644.120)

       Section 6.5 of this bill requires each school of cosmetology to: (1) obtain a surety bond in accordance with regulations adopted by the Board; or (2) provide for payment plans, including plans for periodic payments, in accordance with regulations adopted by the Board. The regulations regarding periodic payments must, as the Board determines appropriate, be modeled after certain federal regulations that provide payment periods for certain federal educational loans and grants.

       Sections 7-9 of this bill establish a new license as a hair braider and set forth the requirements, including passing certain examinations, that must be met before the Board may issue such a license to a person. Section 7 sets forth the requirements for obtaining such a license for persons who have not previously practiced hair braiding or who have practiced hair braiding in this State on certain relatives without accepting compensation. Section 8 sets forth the requirements for persons who have practiced hair braiding in another state. Section 9 sets forth the scope of the examinations that are required to obtain a license to practice hair braiding. Section 24 of this bill provides an exemption from the licensure requirements for a person who, without accepting compensation, practices hair braiding on a person who is related within the sixth degree of consanguinity.

       Section 10 of this bill establishes a new license for persons who wish to operate an establishment for hair braiding and sets forth the requirements that must be met before the Board may issue such a license. Sections 11-16 of this bill set forth additional requirements governing an establishment for hair braiding, including, without limitation, requirements relating to the notice which must be provided to the Board concerning a change of ownership or location and requirements relating to the qualifications of the person who must supervise the operation of such an establishment.

       Under existing law, the Board is also required to provide for the registration of any person who engages in the practice of threading, and is authorized to inspect any facility in which threading is conducted. (NRS 644.331) Section 22 of this bill authorizes the Board to include the practice of threading and any facility in which it is conducted in its regulations regarding sanitary conditions. Sections 26-31 and 35 of this bill add United States citizenship or the legal right to remain and work in the United States to the requirements for applicants seeking licensure by the Board.

 


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ê2011 Statutes of Nevada, Page 3028 (Chapter 482, SB 193)ê

 

       Existing law requires that schools of cosmetology post with the Board a surety bond as part of licensure. (NRS 644.383) Section 43 of this bill repeals that requirement.

 

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 640C.100 is hereby amended to read as follows:

     640C.100  1.  The provisions of this chapter do not apply to:

     (a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage therapy is performed in the course of the practice for which the person is licensed.

     (b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.

     (c) A person licensed or registered as an aesthetician, hair designer, hair braider, cosmetologist or cosmetologist’s apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an aesthetician, hair designer, hair braider, cosmetologist or cosmetologist’s apprentice pursuant to that chapter.

     (d) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy on athletes.

     (e) Students enrolled in a school of massage therapy recognized by the Board.

     (f) A person who practices massage therapy solely on members of his or her immediate family.

     (g) A person who performs any activity in a licensed brothel.

     2.  Except as otherwise provided in subsection 3, the provisions of this chapter preempt the licensure and regulation of a massage therapist by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist or applicant for a license to practice massage therapy.

     3.  The provisions of this chapter do not prohibit a county, city or town from requiring a massage therapist to obtain a license or permit to transact business within the jurisdiction of the county, city or town, if the license or permit is required of other persons, regardless of occupation or profession, who transact business within the jurisdiction of the county, city or town.

     4.  As used in this section, “immediate family” means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.

     Sec. 2.  Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 16, inclusive, of this act.

     Sec. 3.  “Establishment for hair braiding” means any premises, mobile unit, building or part of a building where hair braiding is practiced, other than a cosmetological establishment.

 


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ê2011 Statutes of Nevada, Page 3029 (Chapter 482, SB 193)ê

 

     Sec. 4.  “Hair braider” means any person who engages in the practice of hair braiding.

     Sec. 5.  1.  “Hair braiding” means a natural form of hair manipulation by braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving or wrapping human hair, natural fibers, synthetic fibers and hair extensions. The practice may be performed by hand or by using simple braiding devices, including, without limitation, clips, combs, hairpins, scissors, needles and thread.

     2.  The term includes:

     (a) Cleansing the scalp; and

     (b) The making of customized wigs from natural hair, natural fibers, synthetic fibers and hair extensions.

     3.  The term does not include:

     (a) The use of penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles or chemical hair bleaching agents applied to growing human hair;

     (b) The cutting or growing of human hair, except that the term includes the trimming of hair extensions or sewn weave-in extensions only as applicable to the braiding process; or

     (c) Any other activity set forth in the definition of “cosmetologist” pursuant to NRS 644.023 other than the activities expressly set forth in subsections 1 and 2.

     Sec. 6.  (Deleted by amendment.)

     Sec. 6.5.  1.  Each school of cosmetology shall:

     (a) Obtain a surety bond in accordance with regulations adopted by the Board; or

     (b) Provide for payment plans, including plans for periodic payments, in accordance with regulations adopted by the Board.

     2.  The Board shall adopt regulations regarding surety bonds and payment plans for purposes of subsection 1. The regulations regarding periodic payments must, as the Board determines appropriate, be modeled after 34 C.F.R. § 668.4.

     Sec. 7.  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:

     (a) Is not less than 18 years of age.

     (b) Is of good moral character.

     (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

     (e) If the person has not practiced hair braiding previously:

           (1) Has completed a minimum of 250 hours of training and education as follows:

                (I) Fifty hours concerning the laws of Nevada and the regulations of the Board relating to cosmetology;

 


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ê2011 Statutes of Nevada, Page 3030 (Chapter 482, SB 193)ê

 

                (II) Seventy-five hours concerning infection control and sanitation;

                (III) Seventy-five hours regarding the health of the scalp and the skin of the human body; and

                (IV) Fifty hours of clinical practice; and

           (2) Has passed the practical demonstration in hair braiding and written tests described in section 9 of this act.

     (f) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:

           (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year on such a relative; and

           (2) Has passed the practical demonstration in hair braiding and written tests described in section 9 of this act.

     2.  The application submitted pursuant to subsection 1 must be accompanied by:

     (a) Two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

     (b) A copy of one of the following documents as proof of the age of the applicant:

           (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States;

           (2) The birth certificate of the applicant;

           (3) The current passport issued to the applicant; or

           (4) A voter registration card issued to the applicant pursuant to NRS 293.517.

     Sec. 8.  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has practiced hair braiding in another state, has applied to the Board in proper form and paid a fee of $200, and who:

     (a) Is not less than 18 years of age.

     (b) Is of good moral character.

     (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

     (e) If the person has practiced hair braiding in another state in accordance with a license issued in that other state:

           (1) Has submitted to the Board proof of the license; and

           (2) Has passed the written tests described in section 9 of this act.

     (f) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without a license:

 


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ê2011 Statutes of Nevada, Page 3031 (Chapter 482, SB 193)ê

 

           (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year; and

           (2) Has passed the practical demonstration in hair braiding and written tests described in section 9 of this act.

     2.  The application submitted pursuant to subsection 1 must be accompanied by:

     (a) Two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

     (b) A copy of one of the following documents as proof of the age of the applicant:

           (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States;

           (2) The birth certificate of the applicant;

           (3) The current passport issued to the applicant; or

           (4) A voter registration card issued to the applicant pursuant to NRS 293.517.

     Sec. 9.  1.  The examination for licensure as a hair braider pursuant to paragraph (e) of subsection 1 of section 8 of this act must include:

     (a) A written test on antisepsis, sterilization and sanitation; and

     (b) A written test on the laws of Nevada and the regulations of the Board relating to cosmetology.

     2.  The examination for licensure as a hair braider pursuant to section 7 or paragraph (f) of subsection 1 of section 8 of this act must include:

     (a) The written tests described in subsection 1; and

     (b) A practical demonstration in hair braiding.

     Sec. 10.  1.  Any person wishing to operate an establishment for hair braiding must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain a detailed floor plan of the proposed establishment for hair braiding and proof of any particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.

     2.  The applicant must submit the application accompanied by the required fees for inspection and licensing. After the applicant has submitted the application, the applicant must contact the Board and request a verbal review concerning the application to determine if the establishment for hair braiding complies with the requirements of this chapter and any regulations adopted by the Board. If, based on the verbal review, the Board determines that the establishment for hair braiding meets those requirements, the Board shall issue to the applicant the required license. Upon receipt of the license, the applicant must contact the Board to request the activation of the license. A license issued pursuant to this subsection is not valid until it is activated. The Board shall conduct an on-site inspection of the establishment for hair braiding not later than 90 days after the date on which the license is activated.

     3.  The fee for a license for an establishment for hair braiding is $200. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.

 


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     Sec. 11.  1.  The Board must be notified of any change of ownership, name, services offered or location of an establishment for hair braiding. The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the Board for the license and pay the fees established pursuant to subsection 3 of section 10 of this act.

     2.  After a license has been issued for the operation of an establishment for hair braiding, any changes in the physical structure of the establishment must be approved by the Board.

     Sec. 12.  1.  The license of an establishment for hair braiding expires 2 years after the date of issuance or renewal of the license.

     2.  If the owner of an establishment for hair braiding fails to pay the required fee for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

     Sec. 13.  Every holder of a license issued by the Board to operate an establishment for hair braiding shall display the license in plain view of members of the general public in the principal office or place of business of the holder.

     Sec. 14.  Hair braiding may be practiced in an establishment for hair braiding by licensed hair braiders, hair designers or cosmetologists who are:

     1.  Employees of the owner of the establishment; or

     2.  Lessees of space from the owner of the establishment.

     Sec. 15.  An establishment for hair braiding must, at all times, be under the immediate supervision of a licensed hair braider, hair designer or cosmetologist.

     Sec. 16.  Food or beverages for immediate consumption may be sold in an establishment for hair braiding.

     Sec. 17.  NRS 644.020 is hereby amended to read as follows:

     644.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.0295, inclusive, and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

     Sec. 18.  NRS 644.0205 is hereby amended to read as follows:

     644.0205  1.  “Aesthetician” means any person who engages in the practices of:

     (a) Beautifying, massaging, cleansing or stimulating the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, or any device, electrical or otherwise, for the care of the skin;

     (b) Applying cosmetics or eyelashes to any person, tinting eyelashes and eyebrows, and lightening hair on the body; and

     (c) Removing superfluous hair from the body of any person by the use of depilatories, waxing, tweezers or sugaring,

Ê but does not include the branches of cosmetology of a cosmetologist, hair designer, hair braider, electrologist or nail technologist.

     2.  As used in this section, “depilatories” does not include the practice of threading.

     Sec. 19.  NRS 644.024 is hereby amended to read as follows:

     644.024  “Cosmetology” includes the occupations of a cosmetologist, aesthetician, electrologist, hair designer, hair braider, demonstrator of cosmetics and nail technologist.

 


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     Sec. 20.  NRS 644.090 is hereby amended to read as follows:

     644.090  The Board shall:

     1.  Hold examinations to determine the qualifications of all applicants for a license, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.

     2.  Issue licenses to such applicants as may be entitled thereto.

     3.  License establishments for hair braiding, cosmetological establishments and schools of cosmetology.

     4.  Report to the proper prosecuting officers all violations of this chapter coming within its knowledge.

     5.  Inspect schools of cosmetology , establishments for hair braiding and cosmetological establishments to ensure compliance with the statutory requirements and adopted regulations of the Board. This authority extends to any member of the Board or its authorized employees.

     Sec. 21.  NRS 644.110 is hereby amended to read as follows:

     644.110  The Board shall adopt reasonable regulations:

     1.  For carrying out the provisions of this chapter.

     2.  For conducting examinations of applicants for licenses.

     3.  For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed electrologist or in a school of cosmetology licensed pursuant to the laws of another state or territory of the United States or the District of Columbia.

     4.  For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:

     (a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

     (b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

     (c) Providing for lunch and coffee recesses for students during school hours; and

     (d) Allowing a member or an authorized employee of the Board to review the records of a student’s training and attendance.

     5.  Governing the courses of study and practical training required of persons for treating the skin of the human body.

     6.  For governing the conduct of cosmetological establishments.

     7.  As the Board determines are necessary for governing the conduct of establishments for hair braiding.

     Sec. 22.  NRS 644.120 is hereby amended to read as follows:

     644.120  1.  The Board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in the practice of hair braiding, in establishments for hair braiding, in the practice of a cosmetologist, in cosmetological establishments or schools of cosmetology, [or in the practice of a cosmetologist.] in the practice of threading and in any facility in this State in which threading is conducted.

     2.  No regulation governing sanitary conditions thus adopted has any effect until it has been approved by the State Board of Health.

 


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     3.  A copy of all regulations governing sanitary conditions which are adopted must be furnished to each person to whom a license is issued for the conduct of a cosmetological establishment, establishment for hair braiding, school of cosmetology or practice of cosmetology.

     Sec. 23.  NRS 644.130 is hereby amended to read as follows:

     644.130  1.  The Board shall keep a record containing the name, known place of business, and the date and number of the license of every nail technologist, electrologist, aesthetician, hair designer, hair braider, demonstrator of cosmetics and cosmetologist, together with the names and addresses of all establishments for hair braiding, cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure.

     2.  The Board may disclose the information contained in the record kept pursuant to subsection 1 to:

     (a) Any other licensing board or agency that is investigating a licensee.

     (b) A member of the general public, except information concerning the home and work address and telephone number of a licensee.

     Sec. 24.  NRS 644.190 is hereby amended to read as follows:

     644.190  1.  It is unlawful for any person to conduct or operate a cosmetological establishment, an establishment for hair braiding, a school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced unless the person is licensed in accordance with the provisions of this chapter.

     2.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless the person is licensed in accordance with the provisions of this chapter.

     3.  This chapter does not prohibit:

     (a) Any student in any school of cosmetology established pursuant to the provisions of this chapter from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

     (b) An electrologist’s apprentice from participating in a course of practical training and study.

     (c) A person issued a provisional license as an instructor pursuant to NRS 644.193 from acting as an instructor and accepting compensation therefor while accumulating the hours of training as a teacher required for an instructor’s license.

     (d) The rendering of cosmetological services by a person who is licensed in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

     (e) A registered cosmetologist’s apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist.

     4.  A person employed to render cosmetological services in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he or she renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement.

 


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     5.  A person practicing hair braiding is exempt from the licensing requirements of this chapter applicable to hair braiding if the hair braiding is practiced on a person who is related within the sixth degree of consanguinity and the person does not accept compensation for the hair braiding.

     Sec. 25.  NRS 644.193 is hereby amended to read as follows:

     644.193  1.  The Board may grant a provisional license as an instructor to a person who:

     (a) Has successfully completed the 12th grade in school or its equivalent and submits written verification of the completion of his or her education;

     (b) Has practiced as a full-time licensed cosmetologist, hair designer, hair braider, aesthetician or nail technologist for 1 year and submits written verification of his or her experience;

     (c) Is licensed pursuant to this chapter;

     (d) Applies for a provisional license on a form supplied by the Board;

     (e) Submits two current photographs of himself or herself; and

     (f) Has paid the fee established pursuant to subsection 2.

     2.  The Board shall establish and collect a fee of not less than $40 and not more than $75 for the issuance of a provisional license as an instructor.

     3.  A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructor’s license.

     4.  A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructor’s license or 1 year after the date of issuance, whichever occurs first. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.

     Sec. 26.  NRS 644.200 is hereby amended to read as follows:

     644.200  The Board shall admit to examination for a license as a cosmetologist, at any meeting of the Board held to conduct examinations, any person who has made application to the Board in proper form and paid the fee, and who before or on the date of the examination:

     1.  Is not less than 18 years of age.

     2.  Is of good moral character.

     3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     4.  Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

     [4.] 5.  Has had any one of the following:

     (a) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the Board.

     (b) Practice of the occupation of a cosmetologist for a period of 4 years outside this State.

     (c) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the Board.

     (d) Completion of at least 3,600 hours of service as a cosmetologist’s apprentice in a licensed cosmetological establishment in which all of the occupations of cosmetology are practiced. The required hours must have been completed during the period of validity of the certificate of registration as a cosmetologist’s apprentice issued to the person pursuant to NRS 644.217.

 


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have been completed during the period of validity of the certificate of registration as a cosmetologist’s apprentice issued to the person pursuant to NRS 644.217.

     Sec. 27.  NRS 644.203 is hereby amended to read as follows:

     644.203  The Board shall admit to examination for a license as an electrologist any person who has made application to the Board in the proper form and paid the fee, and who before or on the date set for the examination:

     1.  Is not less than 18 years of age.

     2.  Is of good moral character.

     3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     4.  Has successfully completed the 12th grade in school or its equivalent.

     [4.] 5.  Has or has completed any one of the following:

     (a) A minimum training of 500 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.

     (b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed pursuant to this chapter, in an approved program for electrologist’s apprentices.

     (c) A valid electrologist’s license issued by a state whose licensing requirements are equal to or greater than those of this State.

     (d) Either training or practice, or a combination of training and practice, in electrology outside this State for a period specified by regulations of the Board.

     Sec. 28.  NRS 644.204 is hereby amended to read as follows:

     644.204  The Board shall admit to examination for a license as a hair designer, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:

     1.  Is not less than 18 years of age.

     2.  Is of good moral character.

     3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     4.  Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

     [4.] 5.  Has had at least one of the following:

     (a) Training of at least 1,200 hours, extending over a period of 7 consecutive months, in a school of cosmetology approved by the Board.

     (b) Practice of the occupation of hair designing for at least 4 years outside this State.

     (c) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the Board.

     Sec. 29.  NRS 644.205 is hereby amended to read as follows:

     644.205  The Board shall admit to examination for a license as a nail technologist any person who has made application to the Board in proper form, paid the fee and who, before or on the date of the examination:

     1.  Is not less than 18 years of age.

     2.  Is of good moral character.

 


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     3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     4.  Has successfully completed the 10th grade in school or its equivalent.

     [4.] 5.  Has had any one of the following:

     (a) Practical training of at least 600 hours under the immediate supervision of a licensed instructor in a licensed school of cosmetology in which the practice is taught.

     (b) Practice as a full-time licensed nail technologist for 1 year outside the State of Nevada.

     Sec. 30.  NRS 644.206 is hereby amended to read as follows:

     644.206  The Board shall admit to examination for a license as a demonstrator of cosmetics any person who has made application to the Board in proper form, paid the fee and:

     1.  Is at least 18 years of age;

     2.  Is of good moral character;

     3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

     4.  Has completed a course provided by the Board relating to sanitation; and

     [4.] 5.  Except as otherwise provided in NRS 622.090, has received a score of not less than 75 percent on the examination administered by the Board.

     Sec. 31.  NRS 644.207 is hereby amended to read as follows:

     644.207  The Board shall admit to examination for a license as an aesthetician any person who has made application to the Board in proper form, paid the fee and:

     1.  Is at least 18 years of age;

     2.  Is of good moral character;

     3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

     4.  Has successfully completed the 10th grade in school or its equivalent; and

     [4.] 5.  Has received a minimum of 900 hours of training, which includes theory, modeling and practice, in a licensed school of cosmetology or who has practiced as a full-time licensed aesthetician for at least 1 year.

     Sec. 32.  NRS 644.220 is hereby amended to read as follows:

     644.220  1.  In addition to the fee for an application, the fees for examination are:

     (a) For examination as a cosmetologist, not less than $75 and not more than $200.

     (b) For examination as an electrologist, not less than $75 and not more than $200.

     (c) For examination as a hair designer, not less than $75 and not more than $200.

     (d) For examination as a hair braider, $110.

     (e) For examination as a nail technologist, not less than $75 and not more than $200.

     [(e)] (f) For examination as an aesthetician, not less than $75 and not more than $200.

 


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     [(f)] (g) For examination as an instructor of aestheticians, hair designers, cosmetology or nail technology, not less than $75 and not more than $200.

[Ê The]

     2.  Except as otherwise provided in this subsection, the fee for each reexamination is not less than $75 and not more than $200.

     [2.] The fee for reexamination as a hair braider is $110.

     3.  In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $75.

     [3.] 4.  Each applicant referred to in subsections 1 and [2] 3 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.

     Sec. 33.  NRS 644.260 is hereby amended to read as follows:

     644.260  The Board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, hair braider, nail technologist, demonstrator of cosmetics or instructor to each applicant who:

     1.  Passes a satisfactory examination, conducted by the Board to determine his or her fitness to practice that occupation of cosmetology; and

     2.  Complies with such other requirements as are prescribed in this chapter for the issuance of the license.

     Sec. 34.  NRS 644.300 is hereby amended to read as follows:

     644.300  Every licensed nail technologist, electrologist, aesthetician, hair designer, hair braider, demonstrator of cosmetics or cosmetologist shall, within 30 days after changing his or her place of business, as designated in the records of the Board, notify the Secretary of the Board of the new place of business. Upon receipt of the notification, the Secretary shall make the necessary change in the records.

     Sec. 35.  NRS 644.310 is hereby amended to read as follows:

     644.310  [Upon] Except as otherwise provided in section 8 of this act, upon application to the Board, accompanied by a fee of $200, a person currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination, unless the Board sees fit to require an examination, be granted a license to practice the occupation in which the applicant was previously licensed upon proof satisfactory to the Board that the applicant:

     1.  Is not less than 18 years of age.

     2.  Is of good moral character.

     3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     4.  Has successfully completed a nationally recognized written examination in this State or in the state or territory or the District of Columbia in which he or she is licensed.

     [4.] 5.  Is currently licensed in another state or territory or the District of Columbia.

     Sec. 36.  NRS 644.320 is hereby amended to read as follows:

     644.320  1.  The license of every cosmetologist, aesthetician, electrologist, hair designer, hair braider, nail technologist, demonstrator of cosmetics and instructor expires:

     (a) If the last name of the licensee begins with the letter “A” through the letter “M,” on the date of birth of the licensee in the next succeeding odd-numbered year or such other date in that year as specified by the Board.

 


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ê2011 Statutes of Nevada, Page 3039 (Chapter 482, SB 193)ê

 

     (b) If the last name of the licensee begins with the letter “N” through the letter “Z,” on the date of birth of the licensee in the next succeeding even-numbered year or such other date in that year as specified by the Board.

     2.  The Board shall adopt regulations governing the proration of the fee required for initial licenses , other than initial licenses as a hair braider, issued for less than 1 1/2 years.

     3.  Except as otherwise provided in this section, the fee for an initial license as a hair braider is $70. The fee for an initial license as a hair braider issued by the Board for:

     (a) At least a portion of 1 month but less than 6 months is $17.50.

     (b) Six months or more but less than 12 months is $35.00.

     (c) Twelve months or more but less than 18 months is $52.50.

     Sec. 37.  NRS 644.325 is hereby amended to read as follows:

     644.325  1.  An application for renewal of any license issued pursuant to this chapter must be:

     (a) Made on a form prescribed and furnished by the Board;

     (b) Made on or before the date for renewal specified by the Board;

     (c) Accompanied by the fee for renewal; and

     (d) Accompanied by all information required to complete the renewal.

     2.  The fees for renewal are:

     (a) For nail technologists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists, not less than $50 and not more than $100.

     (b) For hair braiders, $70.

     (c) For instructors, not less than $60 and not more than $100.

     [(c)] (d) For cosmetological establishments, not less than $100 and not more than $200.

     [(d)] (e) For establishments for hair braiding, $70.

     (f) For schools of cosmetology, not less than $500 and not more than $800.

     3.  For each month or fraction thereof after the date for renewal specified by the Board in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $50 for a school of cosmetology and $20 for an establishment for hair braiding, a cosmetological establishment and all persons licensed pursuant to this chapter.

     4.  An application for the renewal of a license as a cosmetologist, hair designer, hair braider, aesthetician, electrologist, nail technologist, demonstrator of cosmetics or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

     5.  Before a person applies for the renewal of a license on or after January 1, 2011, as a cosmetologist, hair designer, hair braider, aesthetician, electrologist, nail technologist or demonstrator of cosmetics, the person must complete at least 4 hours of instruction relating to infection control in a professional course or seminar approved by the Board.

     Sec. 38.  NRS 644.330 is hereby amended to read as follows:

     644.330  1.  A nail technologist, electrologist, aesthetician, hair designer, hair braider, cosmetologist, demonstrator of cosmetics or instructor whose license has expired may have his or her license renewed only upon payment of all required fees and submission of all information required to complete the renewal.

 


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ê2011 Statutes of Nevada, Page 3040 (Chapter 482, SB 193)ê

 

     2.  Any nail technologist, electrologist, aesthetician, hair designer, hair braider, cosmetologist, demonstrator of cosmetics or instructor who retires from practice for more than 1 year may have his or her license restored only upon payment of all required fees and submission of all information required to complete the restoration.

     3.  No nail technologist, electrologist, aesthetician, hair designer, hair braider, cosmetologist, demonstrator of cosmetics or instructor who has retired from practice for more than 4 years may have his or her license restored without examination and must comply with any additional requirements established in regulations adopted by the Board.

     Sec. 39.  NRS 644.350 is hereby amended to read as follows:

     644.350  1.  The license of every cosmetological establishment expires [:

     (a) If the last name of the owner begins with the letter “A” through the letter “M,” on the date of birth of the owner in the next succeeding odd-numbered year.

     (b) If the last name of the owner begins with the letter “N” through the letter “Z,” on the date of birth of the owner in the next succeeding even-numbered year.

     2.  If a cosmetological establishment has more than one owner, the Board shall designate one of the owners whose last name will be used for the purpose of determining the date of expiration of the license of the cosmetological establishment.

     3.] 2 years after the date of issuance or renewal of the license.

     2.  If a cosmetological establishment fails to pay the required fee for renewal of its license within 90 days after the date of expiration of the license, the establishment must be immediately closed.

     Sec. 40.  NRS 644.380 is hereby amended to read as follows:

     644.380  1.  Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:

     (a) A detailed floor plan of the proposed school;

     (b) The name, address and number of the license of the manager or person in charge and of each instructor;

     (c) Evidence of financial ability to provide the facilities and equipment required by regulations of the Board and to maintain the operation of the proposed school for 1 year;

     (d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students;

     (e) The annual fee for a license; [and]

     (f) A copy of the contract for the enrollment of a student in a program at the school of cosmetology; and

     (g) The name and address of the person designated to accept service of process.

     2.  Upon receipt by the Board of the application, the Board shall, before issuing a license, determine whether the proposed school:

 


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     (a) Is suitably located.

     (b) Contains at least 5,000 square feet of floor space and adequate equipment.

     (c) Has a contract for the enrollment of a student in a program at the school of cosmetology that is approved by the Board.

     (d) Meets all requirements established by regulations of the Board.

     3.  The annual fee for a license for a school of cosmetology is not less than $500 and not more than $800.

     4.  If the ownership of the school changes or the school moves to a new location, the school may not be operated until a new license is issued by the Board.

     5.  After a license has been issued for the operation of a school of cosmetology, the licensee must obtain the approval of the Board before making any changes in the physical structure of the school.

     Sec. 41.  NRS 644.430 is hereby amended to read as follows:

     644.430  1.  The following are grounds for disciplinary action by the Board:

     (a) Failure of an owner of an establishment for hair braiding, a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, hair braider, electrologist, instructor, nail technologist, demonstrator of cosmetics or school of cosmetology, or a cosmetologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the Board.

     (b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

     (c) Gross malpractice.

     (d) Continued practice by a person knowingly having an infectious or contagious disease.

     (e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

     (f) Advertisement by means of knowingly false or deceptive statements.

     (g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

     (h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410 [.] and section 13 of this act.

     (i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

     (j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

     (k) Any other unfair or unjust practice, method or dealing which, in the judgment of the Board, may justify such action.

     2.  If the Board determines that a violation of this section has occurred, it may:

     (a) Refuse to issue or renew a license;

     (b) Revoke or suspend a license;

     (c) Place the licensee on probation for a specified period;

     (d) Impose a fine not to exceed $2,000; or

     (e) Take any combination of the actions authorized by paragraphs (a) to (d), inclusive.

 


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     3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

     Sec. 42.  NRS 644.472 is hereby amended to read as follows:

     644.472  1.  Except as otherwise provided in subsection 2, it is unlawful for any animal to be on the premises of a licensed establishment for hair braiding or cosmetological establishment.

     2.  An aquarium may be maintained on the premises of a licensed establishment for hair braiding or cosmetological establishment.

     Sec. 43.  NRS 644.383 is hereby repealed.

     Sec. 44.  The provisions of this act apply to contracts entered into on or after July 1, 2011.

     Sec. 45.  (Deleted by amendment.)

     Sec. 46.  1.  The State Board of Cosmetology shall:

     (a) On July 1, 2011, begin issuing licenses:

           (1) To practice as a hair braider; and

           (2) To operate an establishment for hair braiding.

     (b) On or before July 1, 2011, adopt any regulations that the Board determines are necessary to enable the Board to begin issuing the licenses described in paragraph (a) on July 1, 2011.

     2.  As used in this section:

     (a) “Establishment for hair braiding” has the meaning ascribed to it in section 3 of this act.

     (b) “Hair braider” has the meaning ascribed to it in section 4 of this act.

     (c) “Hair braiding” has the meaning ascribed to it in section 5 of this act.

     Sec. 47.  This act becomes effective:

     1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks, including, without limitation, the approval of contracts, as needed to carry out the provisions of this act; and

     2.  On July 1, 2011, for all other purposes.

________

 


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ê2011 Statutes of Nevada, Page 3043ê

 

CHAPTER 483, AB 171

Assembly Bill No. 171–Assemblymen Benitez-Thompson, Smith; Carrillo, Daly, Diaz, Dondero Loop, Frierson, Kirkpatrick, Neal and Pierce

 

Joint Sponsors: Senators Denis and Kihuen

 

CHAPTER 483

 

[Approved: June 17, 2011]

 

AN ACT relating to education; revising provisions governing the membership of a committee to form a charter school and the governing body of a charter school; revising provisions for the process of review of an application to form a charter school; authorizing the governing body of a charter school to set a salary for the attendance of its members at meetings of the governing body; revising the requirements for a charter school to be eligible for an exemption from annual performance audits and to receive certain money for facilities; revising provisions governing the employment of licensed employees by a charter school; revising various other provisions governing charter schools; repealing the Subcommittee on Charter Schools; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill revises the membership of a committee to form a charter school and revises the process for review of an application to form a charter school by the Department of Education.

       Section 2 of this bill revises the procedure for the review of an application to form a charter school if the proposed sponsor is the State Board of Education.

       Section 3 of this bill provides that if the sponsor of a charter school denies a request for an amendment of a written charter of the charter school, the sponsor must provide written notice to the governing body which sets forth the reasons for the denial.

       Section 3.5 of this bill provides that the sponsor of a charter school may revoke the written charter before the expiration of the charter if the sponsor determines that the charter school failed to comply with the material terms and conditions of the written charter.

       Section 5 of this bill authorizes the Department to request certain information from a charter school, regardless of whether that information is required by specific statute, and provides that if the Department requests such information, the Department shall include in the request a mechanism by which the Department will pay or reimburse the charter school for the requested information, if the provision of the information will incur any costs for the charter school.

       Section 6 of this bill revises the membership of the governing body of a charter school and authorizes the governing body, upon a majority vote of members, to set a salary for the attendance of its members at meetings of the governing body, not to exceed $80 per meeting per month.

       Existing law prescribes the requirement for a charter school to be exempt from an annual performance audit and undergo a performance audit every 3 years and to be eligible for available money from legislative appropriations or otherwise for facilities. A charter school is eligible if at least 75 percent of the pupils enrolled in the charter school who are required to take the high school proficiency examination have passed that examination. (NRS 386.5515) Section 7 of this bill revises this eligibility requirement to require that at least 75 percent of the pupils enrolled in the charter school in grade 12 in the immediately preceding school year who have satisfied the course work requirements for graduation have passed the high school proficiency examination.

 


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requirement to require that at least 75 percent of the pupils enrolled in the charter school in grade 12 in the immediately preceding school year who have satisfied the course work requirements for graduation have passed the high school proficiency examination.

       Existing law provides that the pupils enrolled in charter schools must be included in the count of pupils for purposes of the apportionments and allowances from the State Distributive School Account and provides for the reimbursement of administrative costs to the sponsor of a charter school. (NRS 386.570) Section 9 of this bill requires the State Board to prescribe a process which ensures that all charter schools, regardless of the sponsor, have information of all sources of funding for the public schools provided through the Department.

       Existing law requires a school district to grant a leave of absence to an employee of the school district, not to exceed 3 years, to accept employment with a charter school sponsored by the school district. The school district is required to grant such an employee’s request to return to his or her former teaching position or a comparable teaching position within the school district after the approved leave of absence is complete. (NRS 386.595) Section 9.7 of this bill removes the provision which specifies that the school district which is the sponsor of the charter school shall grant a leave of absence, so that a school district, regardless of sponsor, shall grant such a leave of absence for its licensed employees. Section 9.7 also removes the provision which provides that the employee may return to his or her former teaching position and instead authorizes the employee to return to a comparable teaching position. Section 9.7 further requires that upon the request of a governing body of a charter school, the board of trustees of a school district, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. Section 9.7 also requires that upon request of the board of trustees of a school district, the governing body of a charter school, with the permission of the licensed employee who is granted a leave of absence from the school district, transmit to the school district a copy of the employment record of the employee maintained by the charter school. Finally, section 9.7 authorizes the school district to conduct an investigation of any misconduct of the licensed employee who was granted a leave of absence for employment with a charter school and who requests to return to employment with the school district.

       Under existing law, a parent may homeschool a child if the parent submits to the superintendent of schools of the school district in which the child resides a notice of intent to homeschool the child. (NRS 392.700) Section 10 of this bill requires a charter school, to the extent practicable, to notify the school district in which the child resides if the child who is or was homeschooled enrolls in the charter school and provides that the child may be counted for the purposes of the calculation of basic support whether or not the charter school provides the notice.

       Section 11 of this bill repeals the Subcommittee on Charter Schools.

 

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 386.520 is hereby amended to read as follows:

     386.520  1.  A committee to form a charter school must consist of [at least three teachers, as defined in subsection 4.] :

     (a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing;

     (b) One member who:

 


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ê2011 Statutes of Nevada, Page 3045 (Chapter 483, AB 171)ê

 

          (1) Satisfies the qualifications of paragraph (a); or

           (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing;

     (c) One parent or legal guardian who is not a teacher or employee of the proposed charter school; and

     (d) Two members who possess knowledge and expertise in one or more of the following areas:

           (1) Accounting;

           (2) Financial services;

           (3) Law; or

           (4) Human resources.

     2.  In addition to the [teachers] members who serve [,] pursuant to subsection 1, the committee to form a charter school may [consist of:] include, without limitation, not more than four additional members as follows:

     (a) Members of the general public;

     (b) Representatives of nonprofit organizations and businesses; or

     (c) Representatives of a college or university within the Nevada System of Higher Education.

[Ê] 3.  A majority of the persons [described in paragraphs (a), (b) and (c)] who serve on the committee to form a charter school must be residents of this State at the time that the application to form the charter school is submitted to the Department.

     [2.] 4.  Before a committee to form a charter school may submit an application to the board of trustees of a school district, [the Subcommittee on Charter Schools,] the State Board or a college or university within the Nevada System of Higher Education, it must submit the application to the Department. The application must include all information prescribed by the Department by regulation and:

     (a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive.

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

           (1) Improving the opportunities for pupils to learn;

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

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

           (4) Establishing accountability of public schools;

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

           (6) Creating new professional opportunities for teachers.

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

     (d) The proposed dates [of] for accepting applications for enrollment [for] in the initial year of operation of the charter school.

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

 


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

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

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

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

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

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

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

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

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

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

     (p) A statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 386.580 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

     [3.] 5.  The Department shall review an application to form a charter school to determine whether it is substantially complete [.] and compliant. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the Department shall [deny the application.] provide written notice to the applicant that the application is ineligible for consideration by the proposed sponsor.

     6.  The Department shall provide written notice to the applicant of its [approval or denial of] determination whether the application [.] is substantially complete and compliant. If the Department [denies] determines that an application [,] is not substantially complete and compliant, the Department shall include in the written notice the [reason for the denial] basis for that determination and the deficiencies in the application.

 


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ê2011 Statutes of Nevada, Page 3047 (Chapter 483, AB 171)ê

 

determines that an application [,] is not substantially complete and compliant, the Department shall include in the written notice the [reason for the denial] basis for that determination and the deficiencies in the application. The staff designated by the Department shall meet with the applicant to confer on the method to correct the identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

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

     (a) Holds a current license to teach issued pursuant to chapter 391 of NRS [;] or who previously held such a license and is retired, as long as his or her license was held in good standing; and

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

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

     Sec. 2.  NRS 386.525 is hereby amended to read as follows:

     386.525  1.  Upon [approval of an application] determination by the Department [,] that an application is substantially complete and compliant, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located, a college or university within the Nevada System of Higher Education or [directly to the Subcommittee on Charter Schools.] the State Board. If the board of trustees of a school district, a college or a university, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than 45 days after the receipt of the application, or a period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees, the college, the university or the [Subcommittee on Charter Schools,] State Board, as applicable, shall review an application to determine whether the application:

     (a) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

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

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

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

     4.  If the board of trustees, the college or the university, as applicable, denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request to the State Board for sponsorship by the State Board [to the Subcommittee on Charter Schools created pursuant to NRS 386.507] not more than 30 days after receipt of the written notice of denial.

 


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ê2011 Statutes of Nevada, Page 3048 (Chapter 483, AB 171)ê

 

sponsorship by the State Board [to the Subcommittee on Charter Schools created pursuant to NRS 386.507] not more than 30 days after receipt of the written notice of denial. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

     5.  If the [Subcommittee on Charter Schools] State Board receives an application pursuant to subsection 1 or 4, it shall [hold] consider the application at a meeting [to consider the application. The meeting] which must be held not later than 45 days after receipt of the application. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The [Subcommittee] State Board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The [Subcommittee] State Board may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

     [6.  The Subcommittee on Charter Schools shall transmit the application and the recommendation of the Subcommittee for approval or denial of the application to the State Board. Not more than 14 days after the date of the meeting of the Subcommittee pursuant to subsection 5, the State Board shall hold a meeting to consider the recommendation of the Subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The State Board may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.] Not more than 30 days after the meeting, the State Board shall provide written notice of its determination to the applicant.

     [7.] 6.  If the State Board denies or fails to act upon an application, [it] the denial or failure to act must be based upon a finding that the applicant failed to adequately address objective criteria established by regulation of the Department or the State Board. The State Board shall include in the written notice the reasons for the denial or the failure to act and the deficiencies in the application. The staff designated by the Department shall meet with the applicant to confer on the method to correct the identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

     [8.] 7.  If the State Board denies an application after it has been resubmitted pursuant to subsection [7,] 6, the applicant may, not more than 30 days after the receipt of the written notice from the State Board, appeal the final determination to the district court of the county in which the proposed charter school will be located.

     [9.] 8.  On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

     (a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Board, a college or a university during the immediately preceding biennium;

     (b) The educational focus of each charter school for which an application was submitted;

     (c) The current status of the application; and

     (d) If the application was denied, the reasons for the denial.

 


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ê2011 Statutes of Nevada, Page 3049 (Chapter 483, AB 171)ê

 

     Sec. 3.  NRS 386.527 is hereby amended to read as follows:

     386.527  1.  If the State Board, the board of trustees of a school district or a college or university within the Nevada System of Higher Education approves an application to form a charter school, it shall grant a written charter to the applicant. The State Board, the board of trustees, the college or the university, as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the Department of the approval and the date of the approval. If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

     2.  If the State Board approves the application:

     (a) The State Board shall be deemed the sponsor of the charter school.

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

     3.  If a college or university within the Nevada System of Higher Education approves the application:

     (a) That institution shall be deemed the sponsor of the charter school.

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

     4.  The governing body of a charter school may request, at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt:

     (a) An application process for a charter school that requests a change in the sponsorship of the charter school, which must not require the applicant to undergo the requirements of an initial application to form a charter school; and

     (b) Objective criteria for the conditions under which such a request may be granted.

     5.  Except as otherwise provided in subsection 7, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in subsection [2] 4 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the State Board or a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

     6.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school . [if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate.]

 


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ê2011 Statutes of Nevada, Page 3050 (Chapter 483, AB 171)ê

 

levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate.] If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and any other statute or regulation applicable to charter schools, the sponsor may amend the written charter in accordance with the proposed amendment. [If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit a new application to form a charter school. If such an application is approved, the charter school may continue to operate under the same governing body and an additional governing body does not need to be selected to operate the charter school with the expanded grade levels.] If the sponsor denies the request for an amendment, the sponsor shall provide written notice to the governing body of the charter school setting forth the reasons for the denial.

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

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

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

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

     8.  The holder of a written charter that is issued pursuant to subsection 7 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the State Board pursuant to subsection 7 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

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

     (b) Charter school,

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

 


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ê2011 Statutes of Nevada, Page 3051 (Chapter 483, AB 171)ê

 

     Sec. 3.5.  NRS 386.535 is hereby amended to read as follows:

     386.535  1.  The sponsor of a charter school may revoke the written charter of the charter school before the expiration of the charter if the sponsor determines that:

     (a) The charter school, its officers or its employees have failed to comply with:

           (1) The material terms and conditions of the written charter;

           (2) Generally accepted standards of accounting and fiscal management; or

           (3) The provisions of NRS 386.500 to 386.610, inclusive, or any other statute or regulation applicable to charter schools;

     (b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate; or

     (c) There is reasonable cause to believe that revocation is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located.

     2.  Before the sponsor revokes a written charter, the sponsor shall provide written notice of its intention to the governing body of the charter school. The written notice must:

     (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based;

     (b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;

     (c) Prescribe the date on which the sponsor will make a determination regarding whether the charter school has corrected the deficiencies, which determination may be made during the public hearing held pursuant to subsection 3; and

     (d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to revoke the charter.

     3.  Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to revoke the written charter. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not revoke the written charter of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected.

     4.  The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.

     Sec. 4.  NRS 386.540 is hereby amended to read as follows:

     386.540  1.  The Department shall adopt regulations that prescribe:

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

 


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ê2011 Statutes of Nevada, Page 3052 (Chapter 483, AB 171)ê

 

     (b) The process for submission of an application to form a charter school to the Department, the board of trustees of a school district, the [Subcommittee on Charter Schools] State Board and a college or university within the Nevada System of Higher Education, and the contents of the application;

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

     (d) The criteria and type of investigation that must be applied by the board of trustees, [the Subcommittee on Charter Schools,] the State Board and a college or university within the Nevada System of Higher Education in determining whether to approve an application to form a charter school , [or] an application to renew a written charter [.] or a request for an amendment of a written charter; and

     (e) The process for submission of an amendment of a written charter pursuant to NRS 386.527 and the contents of the application.

     2.  The Department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, including, without limitation, regulations that prescribe the:

     (a) Procedures for accounting and budgeting;

     (b) Requirements for performance audits and financial audits of charter schools on an annual basis for charter schools that do not satisfy the requirements of subsection 1 of NRS 386.5515; and

     (c) Requirements for performance audits every 3 years and financial audits on an annual basis for charter schools that satisfy the requirements of subsection 1 of NRS 386.5515.

     Sec. 5.  NRS 386.545 is hereby amended to read as follows:

     386.545  1.  The Department and the board of trustees of a school district shall:

     (a) Upon request, provide information to the general public concerning the formation and operation of charter schools; and

     (b) Maintain a list available for public inspection that describes the location of each charter school.

     2.  The sponsor of a charter school shall:

     (a) Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of NRS 386.500 to 386.610, inclusive;

     (b) Provide technical and other reasonable assistance to a charter school for the operation of the charter school;

     (c) Provide information to the governing body of a charter school concerning the availability of money for the charter school, including, without limitation, money available from the Federal Government; and

     (d) Provide timely access to the electronic data concerning the pupils enrolled in the charter school that is maintained pursuant to NRS 386.650.

     3.  If the board of trustees of a school district is the sponsor of a charter school, the sponsor shall:

     (a) Provide the charter school with an updated list of available substitute teachers within the school district.

     (b) Provide access to school buses for use by the charter school for field trips. The school district may charge a reasonable fee for the use of the school buses.

 


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     (c) If the school district offers summer school or Internet-based credit recovery classes, allow the pupils enrolled in the charter school to participate if space is available. The school district shall apply the same fees, if any, for participation of the pupils enrolled in the charter school as it applies to pupils enrolled in the school district.

     4.  The Department shall provide appropriate information, education and training for charter schools and the governing bodies of charter schools concerning the applicable provisions of title 34 of NRS and other laws and regulations that affect charter schools and the governing bodies of charter schools.

     5.  If the Department prescribes a process for charter schools to report certain information, the Department may request the identified information regardless if that information is required to be submitted by charter schools pursuant to a specific statute. Upon such a request, a charter school shall provide the information if the Department includes a detailed description of the requested information and the mechanism by which the Department will pay or reimburse the charter school for the requested information, if the provision of the information will incur any costs for the charter school.

     Sec. 6.  NRS 386.549 is hereby amended to read as follows:

     386.549  1.  The governing body of a charter school [:

     (a) Must] must consist of:

           [(1) At least three teachers, as defined in subsection 5; or

           (2) Two teachers, as defined in subsection 5, and one person]

     (a) One member who is licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing;

     (b) One member who [previously held a license to teach pursuant to chapter 391 of NRS] :

           (1) Satisfies the qualifications of paragraph (a); or

           (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing . [, including, without limitation, a retired teacher.

     (b)]

     (c) One parent or legal guardian of a pupil enrolled in the charter school who is not a teacher or an administrator at the charter school.

     [May consist of,]

     (d) Two members who possess knowledge and experience in one or more of the following areas:

           (1) Accounting;

           (2) Financial services;

           (3) Law; or

           (4) Human resources.

     2.  In addition to the members who serve pursuant to subsection 1, the governing body of a charter school may include, without limitation, parents and representatives of nonprofit organizations and businesses. Not more than two persons who serve on the governing body may represent the same organization or business or otherwise represent the interests of the same organization or business. A majority of the members of the governing body must reside in this State. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

 


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the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

     [2.] 3.  A person may serve on the governing body only if the person submits an affidavit to the Department indicating that the person:

     (a) Has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.

     (b) Has read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other material designed to assist the governing bodies of charter schools, if such material is provided to the person by the Department.

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

     [4.] 5.  The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located. Upon an affirmative vote of a majority of the membership of the governing body, each member is entitled to receive a salary of not more than $80 for attendance at each meeting, as fixed by the governing body, not to exceed payment for more than one meeting per month.

     [5.] 6.  As used in subsection 1, “teacher” means a person who:

     (a) Holds a current license to teach issued pursuant to chapter 391 of NRS [;] or who previously held such a license and is retired, as long as his or her license was held in good standing; and

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

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

     Sec. 7.  NRS 386.5515 is hereby amended to read as follows:

     386.5515  1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

     (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

     (b) Each financial audit and each performance audit of the charter school required by the Department contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

     (c) The charter school has met or exceeded adequate yearly progress as determined pursuant to NRS 385.3613 or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by annual measurable objectives determined by the State Board, for the majority of the years of its operation;

     (d) The charter school offers instruction on a daily basis during the school week of the charter school on the campus of the charter school; and

     (e) At least 75 percent of the pupils enrolled in grade 12 in the charter school [who are required to take] in the immediately preceding school year who have completed the required course work for graduation have passed the high school proficiency examination , [have passed that examination,] if the charter school enrolls pupils at a high school grade level.

 


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     2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the State Board pursuant to NRS 386.610. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

     (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c), (d) and (e) of subsection 1.

     (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

     3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

     Sec. 8.  NRS 386.560 is hereby amended to read as follows:

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

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

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

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

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

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

 


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Ê If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to NRS 388.820 to 388.874, inclusive. Such a pupil must comply with NRS 388.858.

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

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

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

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

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

     Sec. 9.  NRS 386.570 is hereby amended to read as follows:

     386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this State, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this State for that purpose. The State Board shall prescribe a process which ensures that all charter schools, regardless of the sponsor, have information about all sources of funding for the public schools provided through the Department, including local funds pursuant to NRS 387.1235.

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

 


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ê2011 Statutes of Nevada, Page 3057 (Chapter 483, AB 171)ê

 

body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.

     3.  Upon completion of each school quarter, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school quarter if the sponsor provided administrative services during that school quarter. The request must include an itemized list of those costs. Unless a delay is granted pursuant to subsection 9, upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district if the board of trustees sponsors the charter school, to the Department if the State Board sponsors the charter school or to the college or university within the Nevada System of Higher Education if that institution sponsors the charter school. If a governing body fails to pay the reimbursement pursuant to this subsection or pursuant to a plan approved by the Superintendent of Public Instruction in accordance with subsection 9, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. If the board of trustees of a school district is the sponsor of a charter school, the amount of money that may be paid to the sponsor pursuant to this subsection for administrative expenses in 1 school year must not exceed:

     (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     4.  If the State Board or a college or university within the Nevada System of Higher Education is the sponsor of a charter school, the amount of money that may be paid to the Department or to the institution, as applicable, pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

     (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     (b) For any year after the first year of operation of the charter school, 1.5 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     5.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school.

 


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school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 5 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

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

     7.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.

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

     9.  The governing body of a charter school may submit to the Superintendent of Public Instruction a written request to delay a quarterly payment of a reimbursement for the administrative costs that a charter school owes pursuant to this section. The written request must be in the form prescribed by the Superintendent and must include, without limitation, documentation that a financial hardship exists for the charter school and a plan for the payment of the reimbursement. The Superintendent may approve or deny the request and shall notify the governing body and the sponsor of the charter school of the approval or denial of the request.

     Sec. 9.5.  NRS 386.590 is hereby amended to read as follows:

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

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

     (a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4, 5, 6, 7 or 8, a licensed teacher to teach pupils who are enrolled in those grades. If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

     (b) If the charter school offers instruction in grade 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the subjects set forth in subsection 4. If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

 


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

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

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

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

     3.  A person who is initially hired by the governing body of a charter school on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if the person has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by his or her current employer.

     4.  A teacher who is employed by a charter school, regardless of the date of hire, must, on or before July 1, 2006, possess the qualifications required by 20 U.S.C. § 6319(a) if the teacher teaches one or more of the following subjects:

     (a) English, reading or language arts;

     (b) Mathematics;

     (c) Science;

     (d) Foreign language;

     (e) Civics or government;

     (f) Economics;

     (g) Geography;

     (h) History; or

     (i) The arts.

     5.  Except as otherwise provided in NRS 386.588, a charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsections 2, 3 and 4 if the person has:

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

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

     6.  Except as otherwise provided in NRS 386.588, a charter school shall employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

     (a) A valid teacher’s license issued pursuant to chapter 391 of NRS with an administrative endorsement;

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

     (c) At least 5 years of experience in school administration, public administration or business administration and a baccalaureate degree.

     7.  Except as otherwise provided in subsection 8, the portion of the salary or other compensation of an administrator employed by a charter school that is derived from public funds must not exceed the salary or other compensation, as applicable, of the highest paid administrator in a comparable position in the school district in which the charter school is located.

 


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compensation, as applicable, of the highest paid administrator in a comparable position in the school district in which the charter school is located. For purposes of determining the salary or other compensation of the highest paid administrator in a comparable position in the school district, the salary or other compensation of the superintendent of schools of that school district must not be included in the determination.

     8.  If the salary or other compensation paid to an administrator employed by a charter school from public funds exceeds the maximum amount prescribed in subsection 7, the sponsor of the charter school shall conduct an audit of the salary or compensation. The audit must include, without limitation, a review of the reasons set forth by the governing body of the charter school for the salary or other compensation and the interests of the public in using public funds to pay that salary or compensation. If the sponsor determines that the payment of the salary or other compensation from public funds is justified, the sponsor shall provide written documentation of its determination to the governing body of the charter school and to the Department. If the sponsor determines that the payment of the salary or other compensation from public funds is not justified, the governing body of the charter school shall reduce the salary or compensation paid to the administrator from public funds to an amount not to exceed the maximum amount prescribed in subsection 7.

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

     10.  On or before November 15 of each year, a charter school shall submit to the Department, in a format prescribed by the Superintendent of Public Instruction, the following information for each person who is licensed [employee] pursuant to chapter 391 of NRS and who is employed by the governing body on October 1 of that year:

     (a) The amount of salary or compensation of the [employee,] licensed person, including, without limitation, verification of compliance with subsection 7, if applicable to that [employee;] person; and

     (b) The designated assignment, as that term is defined by the Department, of the [employee.] licensed person.

     Sec. 9.7.  NRS 386.595 is hereby amended to read as follows:

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

     2.  The governing body of a charter school may make all decisions concerning the terms and conditions of employment with the charter school and any other matter relating to employment with the charter school. In addition, the governing body may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

     3.  Upon the request of the governing body of a charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

 


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must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

     4.  Except as otherwise provided in this subsection, if the written charter of a charter school is revoked or if a charter school ceases to operate as a charter school, the licensed employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement. A school district is not required to reassign [an] a licensed employee of a charter school pursuant to this subsection if the employee:

     (a) Was not granted a leave of absence by the school district to [teach] accept employment at the charter school pursuant to subsection [4; or] 5;

     (b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection [4.

     4.] 5; or

     (c) Does not comply with or is otherwise not eligible to return to employment pursuant to subsection 6, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school.

     5.  The board of trustees of a school district [that is a sponsor of a charter school] shall grant a leave of absence, not to exceed 3 years, to any licensed employee who is employed by the board of trustees who requests such a leave of absence to accept employment with [the] a charter school. After the first school year in which [an] a licensed employee is on a leave of absence, the employee may return to [his or her former] a comparable teaching position with the board of trustees. After the third school year, [an] a licensed employee shall either submit a written request to return to a comparable teaching position or resign from the position for which the employee’s leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the licensed employee requires the board of trustees to reduce the existing workforce of the school district. The board of trustees is not required to accept the return of the licensed employee if the employee does not comply with or is otherwise not eligible to return to employment pursuant to subsection 6, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school. The board of trustees may require that a request to return to a comparable teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

     [5.  An]

     6.  Upon the request of the board of trustees of a school district, the governing body of a charter school shall, with the permission of the licensed employee who is granted a leave of absence from the school district pursuant to this section, transmit to the school district a copy of the employment record of the employee that is maintained by the charter school before the return of the employee to employment with the school district pursuant to subsection 4 or 5. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the charter school and any disciplinary action taken by the charter school against the licensed employee.

 


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ê2011 Statutes of Nevada, Page 3062 (Chapter 483, AB 171)ê

 

include, without limitation, each evaluation of the licensed employee conducted by the charter school and any disciplinary action taken by the charter school against the licensed employee. Before the return of the licensed employee, the board of trustees of the school district may conduct an investigation into any misconduct of the licensed employee during the leave of absence from the school district and take any appropriate disciplinary action as to the status of the person as an employee of the school district, including, without limitation:

     (a) The dismissal of the employee from employment with the school district; or

     (b) Upon the employee’s return to employment with the school district, documentation of the disciplinary action taken against the employee into the employment record of the employee that is maintained by the school district.

     7.  If a school district conducts an investigation pursuant to subsection 6:

     (a) The licensed employee is not entitled to return to employment with the school district until the investigation is complete; and

     (b) The investigation must be conducted within a reasonable time.

     8.  A licensed employee who is on a leave of absence from a school district pursuant to this section:

     (a) Shall contribute to and be eligible for all benefits for which the employee would otherwise be entitled, including, without limitation, participation in the Public Employees’ Retirement System and accrual of time for the purposes of leave and retirement.

     (b) Continues, while the employee is on leave, to be covered by the collective bargaining agreement of the school district only with respect to any matter relating to his or her status or employment with the district.

Ê The time during which such an employee is on a leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

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

     [7.] 10.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which the employee would be eligible for employment in a public school, including, without limitation, participation in the Public Employees’ Retirement System.

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

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

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

 


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ê2011 Statutes of Nevada, Page 3063 (Chapter 483, AB 171)ê

 

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

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

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

     Sec. 10.  NRS 392.700 is hereby amended to read as follows:

     392.700  1.  If the parent of a child who is subject to compulsory attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.

     2.  The notice of intent to homeschool must be filed before beginning to homeschool the child or:

     (a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or

     (b) Not later than 30 days after establishing residency in this State.

     3.  The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory attendance.

     4.  If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.

     5.  A notice of intent to homeschool must include only the following:

     (a) The full name, age and gender of the child;

     (b) The name and address of each parent filing the notice of intent to homeschool;

     (c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;

     (d) An educational plan for the child that is prepared pursuant to subsection 12;

     (e) If applicable, the name of the public school in this State which the child most recently attended; and

     (f) An optional statement that the parent may sign which provides:

 

I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.

 


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ê2011 Statutes of Nevada, Page 3064 (Chapter 483, AB 171)ê

 

     6.  Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.

     7.  The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory school attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.

     8.  The superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information:

     (a) To a person or entity specified by the parent of the child, or by the child if the child is at least 18 years of age, upon suitable proof of identity of the parent or child; or

     (b) If required by specific statute.

     9.  If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the school district in which the child resides of the child’s enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the calculation of basic support pursuant to NRS 387.1233. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.

     10.  A school or organization shall not discriminate in any manner against a child who is or was homeschooled.

     11.  Each school district shall allow homeschooled children to participate in the high school proficiency examination administered pursuant to NRS 389.015 and all college entrance examinations offered in this State, including, without limitation, the [Scholastic Aptitude Test,] SAT, the [American College Test,] ACT, the Preliminary [Scholastic Aptitude Test] SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 389.004.

     12.  The parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English, including reading, composition and writing, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent. The educational plan must be included in the notice of intent to homeschool filed pursuant to this section. If the educational plan contains the requirements of this section, the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete.

 


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ê2011 Statutes of Nevada, Page 3065 (Chapter 483, AB 171)ê

 

manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court. This subsection does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.

     13.  No regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his or her child based on religious preference unless it is:

     (a) Essential to further a compelling governmental interest; and

     (b) The least restrictive means of furthering that compelling governmental interest.

     14.  As used in this section, “parent” means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.

     Sec. 11.  NRS 386.507 is hereby repealed.

     Sec. 12.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose duties are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     Sec. 13.  This act becomes effective on July 1, 2011.

________

CHAPTER 484, AB 354

Assembly Bill No. 354–Assemblyman Segerblom

 

CHAPTER 484

 

[Approved: June 17, 2011]

 

AN ACT relating to the State Personnel System; clarifying the selection process of the Chair of the Employee-Management Committee; making various changes related to the hearing process of the Committee; requiring the Personnel Commission to adopt certain regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Employee-Management Committee performs several duties relating to the administration of the State Personnel System, including holding hearings and making final decisions for the adjustment of certain grievances. (NRS 284.068, 284.073, 284.384) The Committee consists of an equal number of persons

who represent management within the Executive Department of State Government and persons who represent employees within the Executive Department of State Government. Section 1 of this bill clarifies that the Chair of the Committee is chosen by a majority of all persons appointed to the Committee, including persons appointed as alternate members. Section 1.3 of this bill requires that an equal number of persons representing management within the Executive Department and persons representing employees of the Executive Department participate in hearings and the making of final decisions. Section 1.7 of this bill requires the Personnel Commission of the Department of Personnel to adopt regulations which provide procedures for the use of resolution conferences by the Committee.

 


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ê2011 Statutes of Nevada, Page 3066 (Chapter 484, AB 354)ê

 

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 284.071 is hereby amended to read as follows:

     284.071  1.  The Chair of the Employee-Management Committee must be chosen by a majority vote of [the members.] all persons appointed to serve as members pursuant to NRS 284.068, including, without limitation, the persons appointed to serve as alternates.

     2.  The Committee shall adopt such rules as it deems necessary for its own management.

     3.  The Committee shall meet at least once every 3 months and at such other times as the Chair may designate.

     4.  The Department shall provide secretarial services for the Committee.

     Sec. 1.3.  NRS 284.073 is hereby amended to read as follows:

     284.073  1.  The Employee-Management Committee shall:

     [1.] (a) Serve in an advisory capacity to the Governor, the Commission and the Department with respect to all matters of personnel administration and relations between management and employees.

     [2.] (b) Receive, consider and make recommendations on matters relating to personnel administration, policy and procedures.

     [3.] (c) Provide a forum for the hearing of employees’ suggestions, complaints or disciplinary problems.

     [4.] (d) Provide a means of communication for disseminating information to employees regarding the personnel program.

     [5.  Hold]

     (e) Except as otherwise provided in subsection 2, hold hearings, when requested, and make final decisions for the adjustment of grievances as provided by the regulations of the Commission.

     2.  The Committee shall not hold any hearing or make a final decision for the adjustment of a grievance unless an equal number of members appointed pursuant to paragraphs (a) and (b) of subsection 2 of NRS 284.068 attend the hearing and take part in making the final decision.

     Sec. 1.7.  NRS 284.384 is hereby amended to read as follows:

     284.384  1.  The Commission shall adopt regulations which provide for the adjustment of grievances for which a hearing is not provided by federal law or NRS 284.165, 284.245, 284.3629, 284.376 or 284.390. Any grievance for which a hearing is not provided by NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 is subject to adjustment pursuant to this section.

     2.  The regulations must provide procedures for:

     (a) Consideration and adjustment of the grievance within the agency in which it arose.

     (b) Submission to the Employee-Management Committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.

     (c) If requested by an employee or agency, the use of a resolution conference to resolve a grievance.

     3.  The regulations must include provisions for:

     (a) Submitting each proposed resolution of a dispute which has a fiscal effect to the Budget Division of the Department of Administration for a determination by that Division whether the resolution is feasible on the basis of its fiscal effects; and

 


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ê2011 Statutes of Nevada, Page 3067 (Chapter 484, AB 354)ê

 

     (b) Making the resolution binding.

     4.  Any grievance which is subject to adjustment pursuant to this section may be appealed to the Employee-Management Committee for a final decision. Except as otherwise provided in subsection 3, a final decision of the [Employee-Management] Committee is binding. The Committee or an employee may petition a court of competent jurisdiction for enforcement of the Committee’s binding decisions.

     5.  The employee may represent himself or herself at any hearing regarding a grievance which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employee’s own choosing.

     6.  As used in this section, “grievance” means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  The Personnel Commission of the Department of Personnel shall, before January 1, 2012, adopt the regulations required by NRS 284.384, as amended by section 1.7 of this act.

     Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

     2.  Sections 1 and 1.3 of this act become effective on October 1, 2011.

     3.  Section 1.7 of this act becomes effective on January 1, 2012.

________

 


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ê2011 Statutes of Nevada, Page 3068ê

 

CHAPTER 485, AB 473

Assembly Bill No. 473–Committee on Legislative Operations and Elections

 

CHAPTER 485

 

[Approved: June 17, 2011]

 

AN ACT relating to elections; revising the deadline for preparing and sending absent ballots to certain voters; revising the hours of operation during the final days of voter registration; requiring that complaints challenging initiatives or referenda be given priority over all other matters pending before the court, except for criminal proceedings; revising the filing deadline for candidates for the Board of the Virgin Valley Water District; making various other changes relating to elections; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the name of the political party of a partisan candidate must follow the name of the candidate on the ballot and the word “nonpartisan” must follow the name of a nonpartisan candidate. Section 3 of this bill authorizes the use of abbreviations of the party name or “independent” or “nonpartisan,” as applicable.

       Under existing law, a person who registers to vote by mail must provide certain identification before voting at a polling place or by mail. (NRS 293.2725) Section 4 of this bill requires that a photo identification used for this purpose shows the physical address of the person.

       Under existing law, the county clerk of each county is required to prepare absent ballots for registered voters who have requested them. (NRS 293.309) Sections 5 and 10 of this bill require the county or city clerk, as applicable, to prepare and have ready for distribution absent ballots for persons who applied for absent ballots pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq., not later than 45 days before an election.

       Under existing law, a county clerk is required to consider a request for an absent ballot on a form provided by the Federal Government as a request for an absent ballot for the two primary and general elections following receipt of the request. (NRS 293.313) Sections 6 and 11 of this bill remove the requirement that the request be considered for two elections.

       Sections 7 and 12 of this bill remove the requirement that counting board officers record the number of votes received by each candidate or for and against any question submitted to the electors in words and figures.

       Existing law requires that city and county clerk offices be open at certain times during the registration period. (NRS 293.560, 293C.527, 349.017, 710.153) Sections 9, 13, 15 and 16 of this bill revise the hours of operation of the office of the city or county clerk during the registration period.

       Under existing law, a complaint challenging an initiative or referendum receives priority over all criminal proceedings. (NRS 295.061) Section 14 of this bill requires the court to give such a complaint priority over all other matters pending with the court, except for criminal proceedings.

       Section 17 of this bill changes the filing deadline for candidates for election to the governing board of the Virgin Valley Water District from at least 60 days before the election to not earlier than the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

       Under existing law, political parties are authorized to recommend three registered voters to the county clerk to act as election board officers. (NRS 293.219) Section 18 of this bill removes that requirement.

 


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ê2011 Statutes of Nevada, Page 3069 (Chapter 485, AB 473)ê

 

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:

 

     Sections 1 and 2.  (Deleted by amendment.)

     Sec. 3.  NRS 293.267 is hereby amended to read as follows:

     293.267  1.  Ballots for a general election must contain the names of candidates who were nominated at the primary election, the names of the candidates of a minor political party and the names of independent candidates.

     2.  Except as otherwise provided in NRS 293.2565, names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.

     3.  Except as otherwise provided in subsection 4:

     (a) Immediately following the name of each candidate for a partisan office must appear the name or abbreviation of his or her political party , [or] the word “independent [,”] ” or the abbreviation “IND,” as the case may be.

     (b) Immediately following the name of each candidate for a nonpartisan office must appear the word “nonpartisan [.”] ” or the abbreviation “NP.”

     4.  Where a system of voting other than by paper ballot is used, the Secretary of State may provide for any placement of the name or abbreviation of the political party , [or] the word “independent” or “nonpartisan” or the abbreviation “IND” or “NP,” as appropriate, which clearly relates the designation to the name of the candidate to whom it applies.

     5.  If the Legislature rejects a statewide measure proposed by initiative and proposes a different measure on the same subject which the Governor approves, the measure proposed by the Legislature and approved by the Governor must be listed on the ballot before the statewide measure proposed by initiative. Each ballot and sample ballot upon which the measures appear must contain a statement that reads substantially as follows:

 

      The following questions are alternative approaches to the same issue, and only one approach may be enacted into law. Please vote for only one.

     Sec. 4.  NRS 293.2725 is hereby amended to read as follows:

     293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 and in federal law, a person who registers by mail to vote in this State and who has not previously voted in an election for federal office in this State:

     (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

           (1) A current and valid photo identification of the person [;] , which shows his or her physical address; or

           (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517; and

     (b) May vote by mail only if the person provides to the county or city clerk:

 


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ê2011 Statutes of Nevada, Page 3070 (Chapter 485, AB 473)ê

 

           (1) A copy of a current and valid photo identification of the person [;] , which shows his or her physical address; or

           (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517.

Ê If there is a question as to the physical address of the person, the election board officer or clerk may request additional information.

     2.  The provisions of this section do not apply to a person who:

     (a) Registers to vote by mail and submits with an application to register to vote:

           (1) A copy of a current and valid photo identification; or

           (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517;

     (b) Registers to vote by mail and submits with an application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

     (c) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;

     (d) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. §§ 1973ee et seq.; or

     (e) Is entitled to vote otherwise than in person under any other federal law.

     Sec. 5.  NRS 293.309 is hereby amended to read as follows:

     293.309  1.  The county clerk of each county shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The county clerk shall make reasonable accommodations for the use of the absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.

     2.  The ballot must be prepared and ready for distribution to a registered voter who:

     (a) Resides within the State, not later than 20 days before the election in which it is to be used; [or]

     (b) [Resides] Except as otherwise provided in paragraph (c), resides outside the State, not later than 40 days before a primary or general election, if possible [.] ; or

     (c) Requested an absent ballot pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq., not later than 45 days before the election.

     3.  Any legal action which would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

     Sec. 6.  NRS 293.313 is hereby amended to read as follows:

     293.313  1.  Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the county clerk may vote an absent ballot as provided in this chapter.

 


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ê2011 Statutes of Nevada, Page 3071 (Chapter 485, AB 473)ê

 

     2.  A registered voter who:

     (a) Is at least 65 years of age; or

     (b) Has a physical disability or condition which substantially impairs his or her ability to go to the polling place,

Ê may request an absent ballot for all elections held during the year he or she requests an absent ballot.

     3.  A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for an absent ballot for the [two] primary and general elections immediately following the date on which the county clerk received the request.

     4.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     5.  As used in this section, “sufficient written notice” means a:

     (a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine;

     (b) Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine; or

     (c) Form provided by the Federal Government.

     Sec. 7.  NRS 293.370 is hereby amended to read as follows:

     293.370  1.  When all the votes have been counted, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes the candidate received. [The number must be expressed in words and figures.] The vote for and against any question submitted to the electors must be entered in the same manner.

     2.  The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:

     (a) A primary election held in an even-numbered year; or

     (b) A general election.

     Sec. 8.  (Deleted by amendment.)

     Sec. 9.  NRS 293.560 is hereby amended to read as follows:

     293.560  [1.]  Except as otherwise provided in NRS 293.502 [, registration must close at 9 p.m. on the third Tuesday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close at 9 p.m. on the third Tuesday preceding the day of the elections.

     2.  The] :

     1.  For a primary or special election, the office of the county clerk must be open [from 9 a.m. to 5 p.m. and from] until 7 p.m. [to 9 p.m., including Saturdays,] during the last 2 days [before the close of] on which registration [, according to the following schedule:

     (a)] is open. In a county whose population is less than 100,000, the office of the county clerk [must be open during the last day before registration closes.

 


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ê2011 Statutes of Nevada, Page 3072 (Chapter 485, AB 473)ê

 

     (b) In all other counties, the office of the county clerk must be open during the last 5 days before registration closes.] may close at 5 p.m. during the last 2 days before registration closes if approved by the board of county commissioners.

     2.  For a general election:

     (a) In a county whose population is less than 100,000, the office of the county clerk must be open until 7 p.m. during the last 2 days on which registration is open. The office of the county clerk may close at 5 p.m. if approved by the board of county commissioners.

     (b) In a county whose population is 100,000 or more, the office of the county clerk must be open during the last 4 days on which registration is open, according to the following schedule:

           (1) On weekdays until 9 p.m.; and

           (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

     3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

     (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

           (1) The day and time that registration will be closed; and

           (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

     (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

     4.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

     5.  For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only by appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035.

     6.  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

     Sec. 10.  NRS 293C.305 is hereby amended to read as follows:

     293C.305  1.  The city clerk shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The city clerk shall make reasonable accommodations for the use of the absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.

     2.  The ballot must be prepared and ready for distribution to a registered voter who :

     (a) Except as otherwise provided in paragraph (b), resides within or outside this State, not later than 20 days before the election in which it will be used.

 


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ê2011 Statutes of Nevada, Page 3073 (Chapter 485, AB 473)ê

 

     (b) Requested an absent ballot pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq., not later than 45 days before the election.

     3.  Any legal action that would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

     Sec. 11.  NRS 293C.310 is hereby amended to read as follows:

     293C.310  1.  Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who provides sufficient written notice to the city clerk may vote an absent ballot as provided in this chapter.

     2.  A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as:

     (a) A request for the primary city election and the general city election unless otherwise specified in the request; and

     (b) A request for an absent ballot for the [two] primary and general elections immediately following the date on which the city clerk received the request.

     3.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     4.  As used in this section, “sufficient written notice” means a:

     (a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine;

     (b) Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or

     (c) Form provided by the Federal Government.

     Sec. 12.  NRS 293C.372 is hereby amended to read as follows:

     293C.372  When all the votes have been counted, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes the candidate received. [The number must be expressed in words and figures.] The vote for and against any question submitted to the electors must be entered in the same manner.

     Sec. 13.  NRS 293C.527 is hereby amended to read as follows:

     293C.527  [1.]  Except as otherwise provided in NRS 293.502 [, registration must close at 9 p.m. on the third Tuesday preceding any primary city election or general city election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close at 9 p.m. on the third Tuesday preceding the day of the elections.

     2.  The] :

     1.  For a primary city election or special city election, the office of the city clerk must be open [from 9 a.m. to 5 p.m. and from] until 7 p.m. [to 9 p.m., including Saturdays,] during the last 2 days [before the close of registration before a primary city election or general city election, according to the following schedule:

     (a) In a city whose population is less than 25,000, the office of the city clerk must be open during the last 3 days before registration closes.

 


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ê2011 Statutes of Nevada, Page 3074 (Chapter 485, AB 473)ê

 

     (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 5 days before registration closes.] on which registration is open. In a city whose population is less than 25,000, the office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

     2.  For a general election:

     (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m. during the last 2 days on which registration is open. The office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

     (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 4 days on which registration is open, according to the following schedule:

           (1) On weekdays until 9 p.m.; and

           (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

     3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

     (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

           (1) The day and time that registration will be closed; and

           (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

     (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

     4.  For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only by appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520.

     5.  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

     Sec. 14.  NRS 295.061 is hereby amended to read as follows:

     295.061  1.  Except as otherwise provided in subsection 3, whether an initiative or referendum embraces but one subject and matters necessarily connected therewith and pertaining thereto, and the description of the effect of an initiative or referendum required pursuant to NRS 295.009, may be challenged by filing a complaint in the First Judicial District Court not later than 15 days, Saturdays, Sundays and holidays excluded, after a copy of the petition is placed on file with the Secretary of State pursuant to NRS 295.015. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 15 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

 


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     2.  The legal sufficiency of a petition for initiative or referendum may be challenged by filing a complaint in district court not later than 7 days, Saturdays, Sundays and holidays excluded, after the petition is certified as sufficient by the Secretary of State. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 15 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

     3.  If a description of the effect of an initiative or referendum required pursuant to NRS 295.009 is challenged successfully pursuant to subsection 1 and such description is amended in compliance with the order of the court, the amended description may not be challenged.

     Sec. 15.  NRS 349.017 is hereby amended to read as follows:

     349.017  1.  If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the laws for a general election.

     2.  If the bond question is submitted at a special election, the clerk of each county shall cause to be published, at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him or her to the effect that registration for the special election will be closed on a date and time designated therein, as provided in this section.

     3.  Except as otherwise provided in subsection 4, the office of the county clerk in each county of this State must be open for such a special election, from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.

     4.  The office of the county clerk must be open [from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted,] during the last days of registration as provided in subsection [2] 1 of NRS 293.560.

     5.  The office of the county clerk must be open for registration of voters for such a special election up to but excluding the 30th day next preceding that election and during regular office hours.

     Sec. 16.  NRS 710.153 is hereby amended to read as follows:

     710.153  1.  If the question of the sale or lease of the county-owned telephone system is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county clerk shall cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by the county clerk to the effect that registration for the special election will be closed on a date and time designated therein, as provided in this section.

 


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     2.  Except as otherwise provided in this subsection, the office of the county clerk must be open for such a special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector. [During the 5 days preceding the close of registration before such a special election, the] The office of the county clerk must be open [from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.] during the last days of registration as provided in subsection 1 of NRS 293.560.

     3.  The office of the county clerk must be opened for registration of voters for the special election from and including the 20th day next preceding the election and up to but excluding the 10th day next preceding the election and during regular office hours.

     Sec. 17.  Section 8 of the Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, at page 165, is hereby amended to read as follows:

      Sec. 8.  District Elections.

      1.  Unless otherwise required for purposes of an election to incur an indebtedness, the Registrar of Voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of this state, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results and the preparation and disposition of ballots.

      2.  [At least 90 days before the election, the Registrar of Voters of Clark County shall publish notice of the election.] Each candidate for election to the Board must file a declaration of candidacy with the Registrar of Voters [at least 60 days before the election.] not earlier than the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March. Timely filing of such declaration is a prerequisite to election.

      3.  If the board establishes various election areas within the District and there are two or more seats upon the board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.

      4.  If a member of the Board is unopposed in seeking reelection, the Board may declare that member elected without a formal election, but that member may not participate in the declaration.

      5.  If no person files candidacy for election to a particular seat upon the Board, the seat must be filled in the manner provided in subsection 4 of section 7 of this act for filling a vacancy.

     Sec. 18.  NRS 293.219 is hereby repealed.

     Sec. 19.  This act becomes effective upon passage and approval.

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CHAPTER 486, AB 199

Assembly Bill No. 199–Assemblymen Smith, Atkinson, Horne, Conklin; Bobzien, Daly, Dondero Loop, Hickey, Kirkpatrick, Mastroluca and Oceguera

 

CHAPTER 486

 

[Approved: June 17, 2011]

 

AN ACT relating to the practice of pharmacy; revising provisions governing the authority of a registered pharmacist to collaborate with a practitioner for the implementation, monitoring and modification of drug therapy; authorizing the State Board of Pharmacy to establish regulations relating to collaborative pharmacy practice; revising provisions governing the use of the letters “Rx” and “RX” by certain persons; revising provisions relating to the authority of a registered pharmacist to possess and administer controlled substances and dangerous drugs under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes a registered pharmacist to collaborate with a practitioner to engage in the implementation and modification of drug therapy for a patient at a licensed medical facility or licensed pharmacy. (NRS 639.0124) Section 1 of this bill prescribes requirements for written guidelines and protocols which must be developed by a pharmacist who collaborates with a practitioner and requires those guidelines and protocols to be approved by the State Board of Pharmacy. Section 1 also authorizes the written guidelines and protocols to set forth provisions for a pharmacist to implement, monitor and modify the drug therapy of a patient in a medical facility or a setting that is affiliated with a licensed medical facility. Sections 10.3 and 10.7 of this bill revise the authority of a pharmacist to possess and administer controlled substances and dangerous drugs under certain circumstances for the care of a patient in accordance with the written guidelines and protocols developed pursuant to section 1.

       Existing law prohibits a person operating a business from using the letters “Rx” or “RX” if the person does not have a license from the Board. (NRS 639.230) Section 10 of this bill authorizes persons who are not subject to the laws governing the practice of pharmacy to use those letters if the person obtains approval from the Board.

       A person who violates any provision of chapter 639 of NRS governing pharmacists and pharmacies, including any provision of this bill, is guilty of a misdemeanor. (NRS 639.310)

 

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 639 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Written guidelines and protocols developed by a registered pharmacist in collaboration with a practitioner which authorize the implementation, monitoring and modification of drug therapy:

     (a) May authorize a pharmacist to order and use the findings of laboratory tests and examinations.

 


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ê2011 Statutes of Nevada, Page 3078 (Chapter 486, AB 199)ê

 

     (b) May provide for implementation, monitoring and modification of drug therapy for a patient receiving care:

          (1) In a licensed medical facility; or

           (2) If developed to ensure continuity of care for a patient, in any setting that is affiliated with a medical facility where the patient is receiving care. A pharmacist who modifies a drug therapy of a patient receiving care in a setting that is affiliated with a medical facility shall, within 72 hours after implementing or modifying the drug therapy, provide written notice of the implementation or modification of the drug therapy to the collaborating practitioner or enter the appropriate information concerning the drug therapy in an electronic patient record system shared by the pharmacist and the collaborating practitioner.

     (c) Must state the conditions under which a prescription of a practitioner relating to the drug therapy of a patient may be changed by the pharmacist without a subsequent prescription from the practitioner.

     (d) Must be approved by the Board.

     2.  The Board may adopt regulations which:

     (a) Prescribe additional requirements for written guidelines and protocols developed pursuant to this section; and

     (b) Set forth the process for obtaining the approval of the Board of such written guidelines and protocols.

     Secs. 2-8.  (Deleted by amendment.)

     Sec. 9.  NRS 639.0124 is hereby amended to read as follows:

     639.0124  “Practice of pharmacy” includes, but is not limited to, the:

     1.  Performance or supervision of activities associated with manufacturing, compounding, labeling, dispensing and distributing of a drug, including the receipt, handling and storage of prescriptions and other confidential information relating to patients.

     2.  Interpretation and evaluation of prescriptions or orders for medicine.

     3.  Participation in drug evaluation and drug research.

     4.  Advising of the therapeutic value, reaction, drug interaction, hazard and use of a drug.

     5.  Selection of the source, storage and distribution of a drug.

     6.  Maintenance of proper documentation of the source, storage and distribution of a drug.

     7.  Interpretation of clinical data contained in a person’s record of medication.

     8.  Development of written guidelines and protocols in collaboration with a practitioner which are intended for a patient in a licensed medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care and which authorize the implementation, monitoring and modification of drug therapy. The written guidelines and protocols [may authorize a pharmacist to order and use the findings of laboratory tests and examinations.] must comply with section 1 of this act.

     9.  Implementation and modification of drug therapy in accordance with the authorization of the prescribing practitioner for a patient in a pharmacy in which drugs, controlled substances, poisons, medicines or chemicals are sold at retail.

Ê The term does not include the changing of a prescription by a pharmacist or practitioner without the consent of the prescribing practitioner, except as otherwise provided in NRS 639.2583.

 


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ê2011 Statutes of Nevada, Page 3079 (Chapter 486, AB 199)ê

 

     Sec. 10.  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. A person operating a business in this State which is not otherwise subject to the provisions of this chapter shall not use the letters “Rx” or “RX” without the approval of the Board. The Board may deny approval of the use of the letters “Rx” or “RX” by any person if the Board determines that:

     (a) The person is subject to the provisions of this chapter but has not secured a license from the Board; or

     (b) The use of the letters “Rx” or “RX” by the person is confusing or misleading to or threatens the health or safety of the residents of this State.

     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] :

     (a) 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 subsection 9 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 [.] ; or

     (b) A registered pharmacist or practitioner from collaborating in the implementation, monitoring and modification of drug therapy pursuant to guidelines and protocols approved by the Board.

     Sec. 10.3.  NRS 453.026 is hereby amended to read as follows:

     453.026  “Agent” means a pharmacist [,] who cares for a patient of a prescribing practitioner in a medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care in accordance with written guidelines and protocols developed and approved pursuant to section 1 of this act, a licensed practical nurse or registered nurse who cares for a patient of a prescribing practitioner in a medical facility or an authorized person who acts on behalf of or at the direction of and is employed by a manufacturer, distributor, dispenser or prescribing practitioner. The term does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

 


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ê2011 Statutes of Nevada, Page 3080 (Chapter 486, AB 199)ê

 

     Sec. 10.7.  NRS 454.213 is hereby amended to read as follows:

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

     1.  A practitioner.

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

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

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

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

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

     5.  Except as otherwise provided in subsection 6, an intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

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

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

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

     6.  An intermediate emergency medical technician or an advanced emergency medical technician who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

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

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

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

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

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

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

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

 


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ê2011 Statutes of Nevada, Page 3081 (Chapter 486, AB 199)ê

 

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

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

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

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

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

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

     (b) Prescribed by a licensed physician for:

           (1) Iontophoresis; or

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

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

     17.  A veterinary technician at the direction of his or her supervising veterinarian.

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

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

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

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

     19.  A registered pharmacist pursuant to written guidelines and protocols developed and approved pursuant to section 1 of this act.

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

     Sec. 11.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2011, for all other purposes.

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ê2011 Statutes of Nevada, Page 3082ê

 

CHAPTER 487, AB 222

Assembly Bill No. 222–Assemblymen Smith, Bobzien, Oceguera, Conklin, Anderson; Atkinson, Benitez-Thompson, Carrillo, Daly, Dondero Loop, Frierson, Hansen, Hickey, Hogan, Horne, Kirner, Mastroluca, Segerblom and Stewart

 

Joint Sponsors: Senators Horsford and Leslie

 

CHAPTER 487

 

[Approved: June 17, 2011]

 

AN ACT relating to education; creating the Teachers and Leaders Council of Nevada; prescribing the membership and duties of the Council; requiring the State Board of Education to establish a statewide performance evaluation system for teachers and administrators; revising provisions governing the policies for the evaluation of teachers and administrators; revising the designations required of the evaluations of teachers and administrators; making an appropriation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Sections 4-6 of this bill create the Teachers and Leaders Council of Nevada and prescribe the membership and duties of the Council. Section 6 requires the Council to make recommendations to the State Board of Education for the establishment of a statewide performance evaluation system for teachers and administrators employed by school districts.

       Existing law requires the automated system of accountability information for Nevada to track the achievement of pupils over time and to identify which teachers are assigned to individual pupils. The information is required to be considered, but must not be the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher or other employee. (NRS 386.650) Existing law also requires the board of trustees of each school district to develop a policy for the evaluation of teachers and administrators pursuant to which the performance of an individual teacher or administrator is designated as “satisfactory” or “unsatisfactory.” (NRS 391.3125, 391.3127) Section 7 of this bill requires the State Board of Education, based upon the recommendations of the Council, to establish a statewide performance evaluation system for teachers and administrators employed by school districts. Effective July 1, 2013, the statewide performance evaluation system will require the evaluation of an individual teacher or administrator as “highly effective,” “effective,” “minimally effective” or “ineffective.” Assembly Bill No. 229 of this session, which was enacted by the Legislature on June 2, 2011, requires that certain information on pupil achievement which is maintained by the automated system of accountability information for Nevada account for at least 50 percent of the evaluations of teachers and administrators. Sections 2 and 7 of this bill make conforming changes on the use of pupil achievement data in the evaluation of teachers and administrators as the requirements on the use of that data contained in Assembly Bill No. 229. Sections 8.5 and 9.5 of this bill require the policies for the evaluations of teachers and administrators employed by school districts to comply with the statewide performance evaluation system established by the State Board.

       Until the implementation of the statewide performance evaluation system, sections 8 and 9 of this bill provide that the policies for the evaluations of teachers and administrators employed by school districts must require that certain information on pupil achievement which is maintained by the automated system of accountability information for Nevada account for a significant portion of the evaluation, as determined by the board of trustees.

 


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ê2011 Statutes of Nevada, Page 3083 (Chapter 487, AB 222)ê

 

       Assembly Bill No. 229 of this session, provides that if the written evaluation of a probationary teacher or probationary administrator states that the overall performance of the teacher or administrator has been designated as “unsatisfactory,” the evaluation must include a written statement which states that if the teacher or administrator has received two evaluations for the school year which designate his or her performance as “unsatisfactory” and the teacher or administrator has another evaluation remaining in the school year, the teacher or administrator may request that the remaining evaluation be conducted by another administrator. Section 10.3 of this bill amends Assembly Bill No. 229 to provide that the probationary teacher or probationary administrator may make such a request if the teacher or administrator receives an “unsatisfactory” evaluation on the first or second evaluation, or both evaluations. Effective on July 1, 2013, section 10.4 of this bill amends Assembly Bill No. 229 to provide that the probationary teacher or probationary administrator may make such a request for an outside evaluator if he or she receives an evaluation of “minimally effective” or “ineffective” on the first or second evaluation, or both evaluations.

       Section 10.5 of this bill makes an appropriation to the Department of Education for the costs associated with the Teachers and Leaders Council of Nevada created by section 5.

 

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.  (Deleted by amendment.)

     Sec. 2.  NRS 386.650 is hereby amended to read as follows:

     386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

     (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

           (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

           (2) In a separate reporting for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

     (b) Include a system of unique identification for each pupil:

           (1) To ensure that individual pupils may be tracked over time throughout this State; and

           (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school;

     (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

     (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

     (e) Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

     (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

 


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ê2011 Statutes of Nevada, Page 3084 (Chapter 487, AB 222)ê

 

NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

     (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

     (h) Be designed to improve the ability of the Department, school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction. The information must [be considered,] account for at least 50 percent, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher, paraprofessional or other employee.

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

     (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

     (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

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

     3.  The Superintendent of Public Instruction shall:

     (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

     (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;

     (c) Prescribe the format for the data;

     (d) Prescribe the date by which each school district shall report the data to the Department;

     (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

     (f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

     (g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

           (1) Individual pupils;

          (2) Individual teachers and paraprofessionals;

           (3) Individual schools and school districts; and

           (4) Programs and financial information;

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

 


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ê2011 Statutes of Nevada, Page 3085 (Chapter 487, AB 222)ê

 

pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

     (i) Provide for the analysis and reporting of the data in the automated system of information.

     4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

     5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

     Sec. 3.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.

     Sec. 4.  As used in sections 5 and 6 of this act, “Council” means the Teachers and Leaders Council of Nevada created by section 5 of this act.

     Sec. 5.  1.  There is hereby created the Teachers and Leaders Council of Nevada consisting of the following 15 members:

     (a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the Council.

     (b) The Chancellor of the Nevada System of Higher Education, or his or her designee, who serves as an ex officio member of the Council.

     (c) Four teachers in public schools appointed by the Governor from a list of nominees submitted by the Nevada State Education Association. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.

     (d) Two administrators in public schools appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators and one superintendent of schools of a school district appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.

     (e) Two persons who are members of boards of trustees of school districts and who are appointed by the Governor from a list of nominees submitted by the Nevada Association of School Boards.

     (f) One representative of the regional training programs for the professional development of teachers and administrators created by NRS 391.512 appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents.

     (g) One parent or legal guardian of a pupil enrolled in public school appointed by the Governor from a list of nominees submitted by the Nevada Parent Teacher Association.

 


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ê2011 Statutes of Nevada, Page 3086 (Chapter 487, AB 222)ê

 

     (h) Two persons with expertise in the development of public policy relating to education appointed by the Superintendent of Public Instruction. The members appointed pursuant to this paragraph must not otherwise be eligible for appointment pursuant to paragraphs (a) to (g), inclusive.

     2.  After the initial terms, each appointed member of the Council serves a term of 3 years commencing on July 1 and may be reappointed to one additional 3-year term following his or her initial term. If any appointed member of the Council ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the appointing authority shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.

     3.  The Council shall, at its first meeting and annually thereafter, elect a Chair from among its members.

     4.  The Council shall meet at least semiannually and may meet at other times upon the call of the Chair or a majority of the members of the Council. Nine members of the Council constitute a quorum, and a quorum may exercise all the power and authority conferred on the Council.

     5.  Members of the Council serve without compensation, except that for each day or portion of a day during which a member of the Council attends a meeting of the Council or is otherwise engaged in the business of the Council, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     6.  A member of the Council who is a public employee must be granted administrative leave from the member’s duties to engage in the business of the Council without loss of his or her regular compensation. Such leave does not reduce the amount of the member’s other accrued leave.

     7.  The Department shall provide administrative support to the Council.

     8.  The Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to section 6 of this act.

     Sec. 6.  1.  The Council shall:

     (a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers and administrators employed by school districts are:

           (1) Evaluated using multiple, fair, timely, rigorous and valid methods, which includes evaluations based upon pupil achievement data as required by NRS 386.650 and section 7 of this act;

           (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and

           (3) Provided with the means to share effective educational methods with other teachers and administrators throughout this State.

     (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

     (c) Consider the role of professional standards for teachers and administrators and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

 


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ê2011 Statutes of Nevada, Page 3087 (Chapter 487, AB 222)ê

 

     2.  The performance evaluation system recommended by the Council must ensure that:

     (a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers and administrators; and

     (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

     3.  The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

     4.  The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by section 7 of this act.

     Sec. 7.  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to section 6 of this act, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance.

     2.  The statewide performance evaluation system must:

     (a) Require that an employee’s overall performance is determined to be:

           (1) Highly effective;

           (2) Effective;

           (3) Minimally effective; or

           (4) Ineffective.

     (b) Include the criteria for making each designation identified in paragraph (a).

     (c) Require that the information maintained pursuant to paragraphs (c), (d) and (e) of subsection 1 of NRS 386.650 account for at least 50 percent of the evaluation.

     (d) Include an evaluation of whether the teacher or administrator employs practices and strategies to involve and engage the parents and families of pupils.

     Sec. 8.  NRS 391.3125 is hereby amended to read as follows:

     391.3125  1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.

     2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must set forth a means according to which an employee’s overall performance may be determined to be satisfactory or unsatisfactory. The policy must require that the information maintained pursuant to paragraphs (c), (d) and (e) of subsection 1 of NRS 386.650 account for a significant portion of the evaluation, as determined by the board. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In a similar manner, counselors, librarians and other licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance.

 


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ê2011 Statutes of Nevada, Page 3088 (Chapter 487, AB 222)ê

 

provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

     3.  A conference and a written evaluation for a probationary employee must be concluded not later than:

     (a) December 1;

     (b) February 1; and

     (c) April 1,

Ê of each school year of the probationary period, except that a probationary employee assigned to a school that operates all year must be evaluated at least three times during each 12 months of employment on a schedule determined by the board. An administrator charged with the evaluation of a probationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 45 consecutive minutes.

     4.  Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the second year of the probationary period or the school year following the probationary period, the administrator shall bring the matter to the employee’s attention in a written document which is separate from the evaluation not later than March 1 of the current school year. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.

     5.  Each postprobationary teacher must be evaluated at least once each year. An administrator charged with the evaluation of a postprobationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 30 consecutive minutes.

     6.  The evaluation of a probationary teacher or a postprobationary teacher must include, without limitation:

     (a) An evaluation of the classroom management skills of the teacher;

     (b) A review of the lesson plans and the work log or grade book of pupils prepared by the teacher;

     (c) An evaluation of whether the curriculum taught by the teacher is aligned with the standards of content and performance established pursuant to NRS 389.520, as applicable for the grade level taught by the teacher;

     (d) An evaluation of whether the teacher is appropriately addressing the needs of the pupils in the classroom, including, without limitation, special educational needs, cultural and ethnic diversity, the needs of pupils enrolled in advanced courses of study and the needs of pupils who are limited English proficient;

     (e) If necessary, recommendations for improvements in the performance of the teacher;

     (f) A description of the action that will be taken to assist the teacher in correcting any deficiencies reported in the evaluation; and

     (g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

 


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ê2011 Statutes of Nevada, Page 3089 (Chapter 487, AB 222)ê

 

     7.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to correct those deficiencies reported in the evaluation of the teacher for which the teacher requests assistance.

     Sec. 8.5.  NRS 391.3125 is hereby amended to read as follows:

     391.3125  1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.

     2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must [set forth a means according to which an employee’s overall performance may be determined to be satisfactory or unsatisfactory. The policy must require that the information maintained pursuant to paragraphs (c), (d) and (e) of subsection 1 of NRS 386.650 account for a significant portion of the evaluation, as determined by the board.] comply with the statewide performance evaluation system established by the State Board pursuant to section 7 of this act. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In a similar manner, counselors, librarians and other licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

     3.  A conference and a written evaluation for a probationary employee must be concluded not later than:

     (a) December 1;

     (b) February 1; and

     (c) April 1,

Ê of each school year of the probationary period, except that a probationary employee assigned to a school that operates all year must be evaluated at least three times during each 12 months of employment on a schedule determined by the board. An administrator charged with the evaluation of a probationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 45 consecutive minutes.

     4.  Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the second year of the probationary period or the school year following the probationary period, the administrator shall bring the matter to the employee’s attention in a written document which is separate from the evaluation not later than March 1 of the current school year. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.

     5.  Each postprobationary teacher must be evaluated at least once each year. An administrator charged with the evaluation of a postprobationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 30 consecutive minutes.

 


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ê2011 Statutes of Nevada, Page 3090 (Chapter 487, AB 222)ê

 

teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 30 consecutive minutes.

     6.  The evaluation of a probationary teacher or a postprobationary teacher must include, without limitation:

     (a) An evaluation of the classroom management skills of the teacher;

     (b) A review of the lesson plans and the work log or grade book of pupils prepared by the teacher;

     (c) An evaluation of whether the curriculum taught by the teacher is aligned with the standards of content and performance established pursuant to NRS 389.520, as applicable for the grade level taught by the teacher;

     (d) An evaluation of whether the teacher is appropriately addressing the needs of the pupils in the classroom, including, without limitation, special educational needs, cultural and ethnic diversity, the needs of pupils enrolled in advanced courses of study and the needs of pupils who are limited English proficient;

     (e) An evaluation of whether the teacher employs practices and strategies to involve and engage the parents and families of pupils in the classroom;

     (f) If necessary, recommendations for improvements in the performance of the teacher;

     [(f)] (g) A description of the action that will be taken to assist the teacher in correcting any deficiencies reported in the evaluation; and

     [(g)] (h) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

     7.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to correct those deficiencies reported in the evaluation of the teacher for which the teacher requests assistance.

     Sec. 9.  NRS 391.3127 is hereby amended to read as follows:

     391.3127  1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must set forth a means according to which an administrator’s overall performance may be determined to be satisfactory or unsatisfactory. The policy must require that the information maintained pursuant to paragraphs (c), (d) and (e) of subsection 1 of NRS 386.650 account for a significant portion of the evaluation, as determined by the board. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

     2.  Each administrator must be evaluated in writing at least once a year.

     3.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective.

 


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ê2011 Statutes of Nevada, Page 3091 (Chapter 487, AB 222)ê

 

transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

     Sec. 9.5.  NRS 391.3127 is hereby amended to read as follows:

     391.3127  1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must [set forth a means according to which an administrator’s overall performance may be determined to be satisfactory or unsatisfactory. The policy must require that the information maintained pursuant to paragraphs (c), (d) and (e) of subsection 1 of NRS 386.650 account for a significant portion of the evaluation, as determined by the board.] comply with the statewide performance evaluation system established by the State Board pursuant to section 7 of this act. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

     2.  Each administrator must be evaluated in writing at least once a year.

     3.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

     Sec. 10.  NRS 391.3197 is hereby amended to read as follows:

     391.3197  1.  A probationary employee is employed on a contract basis for two 1-year periods and has no right to employment after either of the two probationary contract years.

     2.  The board shall notify each probationary employee in writing on or before May 1 of the first and second school years of the employee’s probationary period, as appropriate, whether the employee is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. The employee must advise the board in writing on or before May 10 of the first or second year of the employee’s probationary period, as appropriate, of the employee’s acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in both the first and second years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year.

 


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ê2011 Statutes of Nevada, Page 3092 (Chapter 487, AB 222)ê

 

after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment constitutes rejection of the contract.

     3.  A probationary employee who completes a 2-year probationary period and receives a notice of reemployment from the school district in the second year of the employee’s probationary period is entitled to be a postprobationary employee in the ensuing year of employment.

     4.  If a probationary employee receives notice pursuant to subsection 4 of NRS 391.3125 not later than March 1 of a potential decision not to reemploy him or her, the employee may request a supplemental evaluation by another administrator in the school district selected by the employee and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in this State. If a probationary employee has received during the first school year of the employee’s probationary period three evaluations which state that the employee’s overall performance has been [satisfactory,] highly effective or effective, the superintendent of schools of the school district or the superintendent’s designee shall waive the second year of the employee’s probationary period by expressly providing in writing on the final evaluation of the employee for the first probationary year that the second year of the employee’s probationary period is waived. Such an employee is entitled to be a postprobationary employee in the ensuing year of employment.

     5.  If a probationary employee is notified that the employee will not be reemployed for the second year of the employee’s probationary period or the ensuing school year, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

     6.  A new employee or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a 2-year probationary period as an administrator in accordance with the provisions of this section. If the administrator does not receive an [unsatisfactory] evaluation indicating that his or her performance is minimally effective or ineffective during the first year of probation, the superintendent or the superintendent’s designee shall waive the second year of the administrator’s probationary period. Such an administrator is entitled to be a postprobationary employee in the ensuing year of employment. If:

     (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after either year of his or her probationary period; and

     (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

     7.  An administrator who has completed his or her probationary period pursuant to subsection 6 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the additional probationary period, the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status.

 


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ê2011 Statutes of Nevada, Page 3093 (Chapter 487, AB 222)ê

 

person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

     8.  Before dismissal, the probationary employee is entitled to a hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.

     Sec. 10.3.  Section 9 of Assembly Bill No. 229 of this session is hereby amended to read as follows:

      Sec. 9.  1.  If a written evaluation of a probationary teacher or probationary administrator designates the overall performance of the teacher or administrator as “unsatisfactory”:

      (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive an ‘unsatisfactory’ evaluation on the first or second evaluation, or both evaluations for this school year, and if you have another evaluation remaining this school year, you may request that the evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in correcting the deficiencies reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in correcting those deficiencies.”

      (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

      2.  If a probationary teacher or probationary administrator requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.

      3.  If a probationary teacher or probationary administrator requests assistance in correcting deficiencies reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in correcting those deficiencies.

     Sec. 10.4.  Section 20 of Assembly Bill No. 229 of this session is hereby amended to read as follows:

      Sec. 20.  Section 9 of this act is hereby amended to read as follows:

     Sec. 9.  1.  If a written evaluation of a probationary teacher or probationary administrator designates the overall performance of the teacher or administrator as [“unsatisfactory”:] “minimally effective” or “ineffective”:

 


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ê2011 Statutes of Nevada, Page 3094 (Chapter 487, AB 222)ê

 

     (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive [an ‘unsatisfactory’] a ‘minimally effective’ or ‘ineffective’ evaluation on the first or second evaluation, or both evaluations for this school year, and if you have another evaluation remaining this school year, you may request that the evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in correcting the deficiencies reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in correcting those deficiencies.”

     (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

     2.  If a probationary teacher or probationary administrator requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:

     (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

     (b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.

     3.  If a probationary teacher or probationary administrator requests assistance in correcting deficiencies reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in correcting those deficiencies.

     Sec. 10.5.  1.  There are hereby appropriated from the State General Fund to the Department of Education the following sums for the costs associated with the Teachers and Leaders Council of Nevada created by section 5 of this act:

For the Fiscal Year 2011-2012.................................................................................................... $24,000

For the Fiscal Year 2012-2013...................................................................................................... $8,000

     2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Department of Education or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2012, and September 20, 2013, respectively, by either the Department of Education or the entity to which the money from the appropriation was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.

 


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ê2011 Statutes of Nevada, Page 3095 (Chapter 487, AB 222)ê

 

     Sec. 11.  The Teachers and Leaders Council of Nevada created by section 5 of this act shall, not later than June 1, 2012, submit to the State Board of Education the recommendations of the Council for the adoption of regulations establishing a statewide performance evaluation system for teachers and administrators pursuant to section 7 of this act.

     Sec. 12.  On or before June 1, 2013, the State Board of Education shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to section 6 of this act, adopt regulations establishing a statewide performance evaluation system for teachers and administrators that complies with section 7 of this act.

     Sec. 13.  Each school district in this State shall, not later than the 2013-2014 school year, implement a performance evaluation policy for teachers and administrators that complies with the statewide performance evaluation system established by the State Board of Education pursuant to section 7 of this act.

     Sec. 14.  The appointed members of the Teachers and Leaders Council of Nevada created by section 5 of this act must be appointed to initial terms as follows:

     1.  The Governor shall appoint to the Council the members described in:

     (a) Paragraph (c) of subsection 1 of section 5 of this act to initial terms of 2 years.

     (b) Paragraphs (d) and (e) of subsection 1 of section 5 of this act to initial terms of 3 years.

     (c) Paragraphs (f) and (g) of subsection 1 of section 5 of this act to initial terms of 1 year.

     2.  The Superintendent of Public Instruction shall appoint to the Council the members described in paragraph (h) of subsection 1 of section 5 of this act to initial terms of 3 years.

     Sec. 15.  1.  This section and sections 3 to 8, inclusive, 9, 10.3, 10.5 and 11 to 14, inclusive, of this act become effective on July 1, 2011.

     2.  Sections 1, 2, 8.5, 9.5, 10 and 10.4 of this act become effective on July 1, 2013.

________

 


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ê2011 Statutes of Nevada, Page 3096ê

 

CHAPTER 488, AB 230

Assembly Bill No. 230–Committee on Education

 

CHAPTER 488

 

[Approved: June 17, 2011]

 

AN ACT relating to educational personnel; requiring the State Board of Education to evaluate certain providers of education and training which are offered to qualify a person to be a teacher or administrator or to perform other educational functions; requiring the Commission on Professional Standards in Education to adopt regulations prescribing the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires the State Board of Education to conduct an annual evaluation of each provider approved by the State Board or the Commission on Professional Standards in Education to offer a course of study or training designed to qualify a person to be a teacher or administrator or to perform other educational functions, including qualified providers of alternative routes to licensure approved by the Commission pursuant to section 2 of this bill.

       Existing law requires the Commission to adopt regulations prescribing the qualifications for licensing teachers and other educational personnel in this State. The regulations govern the issuance of a regular license and a special qualifications license. (NRS 391.019) The regulations are subject to the approval of the State Board, which has the authority to disapprove any regulation adopted by the Commission for certain specified reasons. (NRS 391.027) Section 2 requires the Commission to adopt regulations prescribing the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure and sets forth certain requirements that must be specified in those regulations, including: (1) that the required education and training may be provided by any qualified provider that has been approved by the Commission, including institutions of higher education and other providers that operate independently of an institution of higher education; (2) that the education and training required under the alternative route to licensure may be completed in 2 years or less; and (3) that, upon completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, the person must be issued a regular license. Section 6 of this bill requires the Commission to adopt the regulations on or before December 31, 2011.

 

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 391 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The State Board shall, on an annual basis, evaluate each provider approved by the State Board or the Commission to offer a course of study or training designed to qualify a person to be a teacher or administrator or to perform other educational functions, including, without limitation, a qualified provider approved by the Commission pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019. The evaluation must include, without limitation, for each provider, the number of persons:

 


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ê2011 Statutes of Nevada, Page 3097 (Chapter 488, AB 230)ê

 

     (a) Who received a license pursuant to this chapter after completing the course of study or training offered by the provider; and

     (b) Identified in paragraph (a) who are employed by a school district or a charter school in this State after receiving a license and information relating to the performance evaluations of those persons conducted by the school district or charter school. The information relating to the performance evaluations must be reported in an aggregated format and not reveal the identity of a person.

     2.  The Department shall post on its Internet website the evaluation conducted pursuant to subsection 1.

     Sec. 2.  NRS 391.019 is hereby amended to read as follows:

     391.019  1.  Except as otherwise provided in NRS 391.027, the Commission [:

     (a) Shall] shall adopt regulations:

           [(1)] (a) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations [must] :

           (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider that has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                (I) Establish the requirements for approval as a qualified provider;

                (II) Require a qualified provider to be selective in its acceptance of students;

                (III) Require a qualified provider to provide supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

                (V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

                (VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                (VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

           (2) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

 


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ê2011 Statutes of Nevada, Page 3098 (Chapter 488, AB 230)ê

 

           [(2)] (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

           [(3)] (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

           [(4)] (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

           [(5)] (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

           [(6)] (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                [(I)] (1) Provide instruction or other educational services; and

                [(II)] (2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

           [(7)] (g) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                [(I)] (1) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                [(II)] (2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this [subparagraph] paragraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicant’s employment as a teacher with a school district or charter school.

           [(8)] (h) Requiring an applicant for a special qualifications license to:

                [(I)] (1) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                [(II)] (2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

           [(9)] (i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

           [(10)] (j) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                [(I)] (1) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;

 


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ê2011 Statutes of Nevada, Page 3099 (Chapter 488, AB 230)ê

 

                [(II)] (2) Is not licensed to teach public school in another state;

                [(III)] (3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                [(IV)] (4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicant’s employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this [subparagraph] paragraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

     [(b) May]

     2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

     [2.] 3.  Any regulation which increases the amount of education, training or experience required for licensing:

     (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

     (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

     (c) Is not applicable to a license in effect on the date the regulation becomes effective.

     [3.] 4.  A person who is licensed pursuant to [subparagraph (7) or (10) of] paragraph [(a)] (g) or (j) of subsection 1:

     (a) Shall comply with all applicable statutes and regulations.

     (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

     (c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

     Sec. 3.  NRS 391.021 is hereby amended to read as follows:

     391.021  Except as otherwise provided in [subparagraph (10) of] paragraph [(a)] (j) of subsection 1 of NRS 391.019 and NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and the applicant’s knowledge of each specific subject he or she proposes to teach. Each examination must include the following subjects:

     1.  The laws of Nevada relating to schools;

     2.  The Constitution of the State of Nevada; and

     3.  The Constitution of the United States.

 


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ê2011 Statutes of Nevada, Page 3100 (Chapter 488, AB 230)ê

 

Ê The provisions of this section do not prohibit the Commission from adopting regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption from the examinations for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.

     Sec. 4.  NRS 391.031 is hereby amended to read as follows:

     391.031  There are the following kinds of licenses for teachers and other educational personnel in this State:

     1.  A license to teach elementary education, which authorizes the holder to teach in any elementary school in the State.

     2.  A license to teach middle school or junior high school education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in grades 7, 8 and 9 at any middle school or junior high school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

     3.  A license to teach secondary education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any secondary school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

     4.  A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.

     5.  A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the applicable regulations of the Commission adopted pursuant to [subparagraph (7) or (10) of] paragraph [(a)] (g) or (j) of subsection 1 of NRS 391.019.

     Sec. 5.  NRS 391.037 is hereby amended to read as follows:

     391.037  1.  The State Board shall:

     (a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions.

     (b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.

     2.  Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph [(7) or (10)] (1) of paragraph (a) or paragraph (g) or (j) of subsection 1 of NRS 391.019, an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the State Board pursuant to subsection 1.

     Sec. 6.  The Commission on Professional Standards in Education shall, on or before December 31, 2011, adopt the regulations required by the provisions of subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019, as amended by section 2 of this act.

     Sec. 7.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 3101ê

 

CHAPTER 489, AB 240

Assembly Bill No. 240–Assemblymen Smith, Conklin, Oceguera, Bobzien, Kirkpatrick; Aizley, Atkinson, Diaz, Goicoechea, Grady, Hardy, Hickey, Hogan and Mastroluca

 

CHAPTER 489

 

[Approved: June 17, 2011]

 

AN ACT relating to public agencies; revising the restrictions on contracts with or employment of former or current state employees by a state agency; providing certain exceptions; requiring state agencies to report all contracts for services as part of the budget process; requiring that a contractor with a state agency be in active and good standing with the Secretary of State; requiring certain reporting to the 77th Session of the Legislature; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law restricts the employment of consultants by public agencies and requires the approval of certain contracts with consultants by the Interim Finance Committee. (NRS 284.1729) Section 1 of this bill expands those restrictions to apply to all contracts to provide services to state agencies, revises the exceptions to the restrictions and requires approval of the State Board of Examiners rather than the Interim Finance Committee of contracts subject to the restrictions. Section 1 also prohibits a state agency from entering into a contract with a person for services without ensuring that the person is in active and good standing with the Secretary of State. Section 1 also provides that certain provisions governing state purchasing apply to such contracts. Section 2 of this bill requires state agencies to report all contracts for services as part of the budget process instead of only reporting contracts with consultants and temporary employment services. Section 3 of this bill moves the reporting requirements for school districts regarding consultants to the chapter which specifically governs school districts. Section 3.5 of this bill requires certain reporting to the 77th Session of the Legislature concerning certain contracts for services entered into by state agencies.

 

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 284.1729 is hereby amended to read as follows:

     284.1729  1.  Except as otherwise provided in this section, a department, division or other agency of this State shall not [employ, by] enter into a contract [or otherwise,] with a person to provide services [as a consultant] for the agency if:

     (a) The person is a current employee of an agency of this State;

     (b) The person is a former employee of an agency of this State and less than [1 year has] 2 years have expired since the termination of the person’s employment with the State; or

     (c) [Except as otherwise provided in paragraph (d), the term of the contract is for more than 2 years, or is amended or otherwise extended beyond 2 years; or

 


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ê2011 Statutes of Nevada, Page 3102 (Chapter 489, AB 240)ê

 

     (d)] The person is employed by the Department of Transportation for a transportation project that is [federally] entirely funded by federal money and the term of the contract is for more than 4 years, [or is amended or otherwise extended beyond 4 years,]

Ê unless, before the [person is employed] contract is executed by the agency, the [Interim Finance Committee] State Board of Examiners approves the employment of the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a department, division or agency of this State if the person will be performing or producing the services for which the business or entity is employed.

     2.  The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a state agency shall provide the agency with the names of the employees to be provided to the agency. The [Interim Finance Committee] State Board of Examiners shall not approve [the employment of a consultant] a contract pursuant to paragraph (b) of subsection 1 unless the [Interim Finance Committee] Board determines that one or more of the following circumstances exist:

     (a) The person provides services that are not provided by any other employee of the agency or for which a critical labor shortage exists; or

     (b) A short-term need or unusual economic circumstance exists for the agency to [employ] contract with the person . [as a consultant.]

     3.  A department, division or other agency of this State may [employ] contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the [Interim Finance Committee] State Board of Examiners if the term of [employment] the contract is for less than 4 months and the executive head of the department, division or agency determines that an emergency exists which necessitates the [employment.] contract. If a department, division or agency [employs] contracts with a person pursuant to this subsection, the department, division or agency shall [include in the report to the Interim Finance Committee pursuant to subsection 4] submit a copy of the contract and a description of the emergency [.] to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the department, division or agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.

     4.  Except as otherwise provided in subsection [7,] 9, a department, division or other agency of this State shall , not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee [whenever it employs, by contract or otherwise,] concerning all contracts [a person] to provide services [as a consultant] for the agency that were entered into by the agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.

     5.  Except as otherwise provided in subsection [7,] 9, a department, division or other agency of this State shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.

     6.  Each board or commission of this State [, each school district in this State] and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

 


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ê2011 Statutes of Nevada, Page 3103 (Chapter 489, AB 240)ê

 

employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

     (a) The number of consultants employed by the board, commission [, school district] or institution;

     (b) The purpose for which the board, commission [, school district] or institution employs each consultant;

     (c) The amount of money or other remuneration received by each consultant from the board, commission [, school district] or institution; and

     (d) The length of time each consultant has been employed by the board, commission [, school district] or institution.

     7.  A department, division or other agency of this State, including a board or commission of this State and each institution of the Nevada System of Higher Education:

     (a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1 million; and

     (b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.

     8.  The provisions of chapter 333 of NRS that are not in conflict or otherwise inconsistent with this section apply to a contract entered into pursuant to this section.

     9.  The provisions of subsections 1 to 5, inclusive, do not apply to : [the:]

     (a) The Nevada System of Higher Education or a board or commission of this State.

     (b) [Employment] The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is [federally funded.

     8.  For the purposes of this section, “consultant” includes any person employed by a business or other entity that is providing consulting services if the person will be performing or producing the work for which the business or entity is employed.] entirely funded by federal money.

     (c) Contracts in the amount of $1 million or more entered into:

          (1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.271.

           (2) For financial services.

           (3) Pursuant to the Public Employees’ Benefits Program.

     (d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.

     Sec. 2.  NRS 353.210 is hereby amended to read as follows:

     353.210  1.  Except as otherwise provided in subsection 6, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the Executive Department of the State Government, and all agencies of the Executive Department of the State Government receiving state money, fees or other money under the authority of the State, including those operating on money designated for specific purposes by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief:

 


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ê2011 Statutes of Nevada, Page 3104 (Chapter 489, AB 240)ê

 

     (a) The number of positions within the department, institution or agency that have been vacant for at least 12 months, the number of months each such position has been vacant and the reasons for each such vacancy;

     (b) Any existing contracts for services the department, institution or agency has with [consultants or] temporary employment services [,] or other persons, the proposed expenditures for such contracts in the next 2 fiscal years and the reasons for the use of such [consultants or] services; and

     (c) Estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

     2.  The Chief shall direct that one copy of the forms submitted pursuant to subsection 1, accompanied by every supporting schedule and any other related material, be delivered directly to the Fiscal Analysis Division of the Legislative Counsel Bureau on or before September 1 of each even-numbered year.

     3.  The Budget Division of the Department of Administration shall give advance notice to the Fiscal Analysis Division of the Legislative Counsel Bureau of any conference between the Budget Division of the Department of Administration and personnel of other state agencies regarding budget estimates. A Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative may attend any such conference.

     4.  The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures, and must include a mission statement and measurement indicators for each program. The organizational units may be subclassified by functions and activities, or in any other manner at the discretion of the Chief.

     5.  If any department, institution or other agency of the Executive Department of the State Government, whether its money is derived from state money or from other money collected under the authority of the State, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in the Chief’s office or which the Chief may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.

     6.  Agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government shall submit to the Chief for his or her information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.

     Sec. 3.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

     Each school district in this State that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

     1.  The number of consultants employed by the school district;

     2.  The purpose for which the school district employs each consultant;

     3.  The amount of money or other remuneration received by each consultant from the school district; and

 


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ê2011 Statutes of Nevada, Page 3105 (Chapter 489, AB 240)ê

 

     4.  The length of time each consultant has been employed by the school district.

     Sec. 3.5.  Each department, division or other agency of this State, including a board or commission of this State and each institution of the Nevada System of Higher Education, shall, on or before February 1, 2013, submit to the Director of the Legislative Counsel Bureau for transmittal to the 77th Session of the Legislature a report that:

     1.  Lists each contract the department, division or agency has entered into with persons to provide services which has a term of more than 2 years and which is in the amount of less than $1 million; and

     2.  Sets forth a description of the necessity of entering into each contract, including, without limitation, the necessity of the contract having a term of more than 2 years.

     Sec. 4.  This act becomes effective on July 1, 2011.

________

CHAPTER 490, AB 282

Assembly Bill No. 282–Assemblymen Oceguera, Bobzien, Smith, Conklin, Kirkpatrick; Anderson, Benitez-Thompson, Brooks, Daly, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Goicoechea, Hambrick, Hansen, Hardy, Hickey, Horne, Kirner, Kite, Livermore, McArthur, Munford, Neal, Stewart and Woodbury

 

Joint Sponsors: Senators Manendo; Brower, Cegavske, Denis, Gustavson, Halseth, Hardy, Kieckhefer, McGinness, Rhoads, Roberson and Settelmeyer

 

CHAPTER 490

 

[Approved: June 17, 2011]

 

AN ACT relating to firearms; revising provisions concerning permits to carry concealed semiautomatic firearms; revising provisions governing the renewal of a permit to carry a concealed firearm; revising provisions concerning the confidentiality of information relating to permits to carry concealed firearms; revising provisions governing the possession of firearms in state parks; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a person who wishes to carry a concealed firearm must obtain a permit to carry the firearm. (NRS 202.3657) As part of the application process to obtain a permit, an applicant must undergo an investigation by a sheriff to determine if the applicant is eligible for a permit. Such an investigation must include a report from the Federal Bureau of Investigation. (NRS 202.366) Section 2 of this bill additionally requires an applicant for the renewal of a permit to undergo an investigation by the sheriff. Section 2 also specifies that an investigation conducted by the sheriff for an initial application or a renewal application must include a report from the National Instant Criminal Background Check System.

 


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ê2011 Statutes of Nevada, Page 3106 (Chapter 490, AB 282)ê

 

       Existing law also provides that a qualified applicant for a permit to carry a concealed firearm may obtain a permit for revolvers, for one or more specific semiautomatic firearms, or for revolvers and one or more specific semiautomatic firearms. (NRS 202.3657) If the application for a permit involves semiautomatic firearms, the applicant must state the make, model and caliber of each semiautomatic firearm for which the applicant is seeking to obtain a permit. (NRS 202.366) Additionally, to receive and renew a permit involving semiautomatic firearms, an applicant or permittee must demonstrate competence with each semiautomatic firearm to which the application pertains. (NRS 202.3657, 202.3677) Section 1 of this bill provides that: (1) a qualified applicant for a permit to carry a concealed firearm may obtain one permit for all semiautomatic firearms that the applicant seeks to carry instead of being required to obtain a permit for each specific semiautomatic firearm; and (2) an applicant or permittee may demonstrate competence with semiautomatic firearms in general rather than with each specific semiautomatic firearm.

       Existing law further provides that information in an application for a permit to carry a concealed firearm and all information relating to the investigation of an applicant for such a permit is confidential. (NRS 202.3662) However, the Nevada Supreme Court recently held in Reno Newspapers, Inc. v. Haley, 126 Nev. Adv. Op. 23, 234 P.3d 922 (2010), that the identity of a holder of a permit to carry a concealed firearm and any postpermit records of investigation, suspension or revocation are not confidential and are therefore public records. Section 3 of this bill provides that the identity and any information acquired during the investigation of a holder of a permit to carry a concealed firearm are confidential, as are any records regarding the suspension, restoration or revocation of such a permit.

       Existing law also allows the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to adopt regulations, including, without limitation, prohibitions and restrictions on activities within parks or recreational facilities within the jurisdiction of the Division. (NRS 407.0475) Existing administrative regulations allow a person to carry a concealed firearm in a state park if the person complies with existing laws concerning the carrying of concealed weapons but prohibit a person from discharging a firearm in a state park. (NAC 407.105) Any person who violates a regulation adopted by the Administrator is guilty of a misdemeanor. (NRS 407.0475) While existing law prohibits the discharge of a firearm under various circumstances, it also provides certain defenses for violating such provisions by allowing a person to make sufficient resistance to prevent the occurrence of certain offenses. (NRS 202.280-202.290, 193.230-193.250)

       Section 5 of this bill prohibits the Administrator from adopting any regulation concerning the possession of firearms in state parks or recreational facilities which is more restrictive than the laws of this State relating to: (1) the possession of firearms; and (2) engaging in lawful resistance to prevent an offense against a person or property. Section 5 also voids any regulation which conflicts with such laws.

       Existing law requires an applicant for the issuance or renewal of a permit to carry a concealed firearm to pay: (1) a nonrefundable fee in a specific amount; and (2) a nonrefundable fee in the amount necessary to obtain certain reports concerning the criminal history of the applicant. (NRS 202.3657, 202.3677) Sections 1 and 4 of this bill provide that the fee to obtain the reports concerning the applicant’s criminal history must be equal to the rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain such reports for a person who is not a volunteer.

 


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ê2011 Statutes of Nevada, Page 3107 (Chapter 490, AB 282)ê

 

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 202.3657 is hereby amended to read as follows:

     202.3657  1.  Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

     2.  Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, [one or more specific] for semiautomatic firearms, or for revolvers and [one or more specific] semiautomatic firearms, as applicable, to any person who is qualified to possess the firearm or firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

     (a) Is 21 years of age or older;

     (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

     (c) Demonstrates competence with revolvers, [each specific] semiautomatic [firearm to which the application pertains,] firearms, or revolvers and [each such] semiautomatic [firearm,] firearms, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:

           (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

           (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Ê Such a course must include instruction in the use of revolvers, [each] semiautomatic [firearm to which the application pertains,] firearms, or revolvers and [each such] semiautomatic [firearm] firearms and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

     3.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

     (a) Has an outstanding warrant for his or her arrest.

     (b) Has been judicially declared incompetent or insane.

     (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

     (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:

 


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           (1) Convicted of violating the provisions of NRS 484C.110; or

           (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

     (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

     (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

     (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

     (h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

     (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

           (1) Withholding of the entry of judgment for a conviction of a felony; or

           (2) Suspension of sentence for the conviction of a felony.

     (j) Has made a false statement on any application for a permit or for the renewal of a permit.

     4.  The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

     5.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.

     6.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

     (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

     (b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

     (c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

 


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     (d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

     (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

     (f) [The make, model and caliber of each semiautomatic firearm to which the application pertains, if any;

     (g)] Whether the application pertains to semiautomatic firearms;

     (g) Whether the application pertains to revolvers;

     (h) A nonrefundable fee [in the amount necessary] equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the [report] reports required pursuant to subsection 1 of NRS 202.366; and

     (i) A nonrefundable fee set by the sheriff not to exceed $60.

     Sec. 2.  NRS 202.366 is hereby amended to read as follows:

     202.366  1.  Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The investigation also must include a report from the National Instant Criminal Background Check System. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

     2.  To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

     3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:

 

NEVADA CONCEALED FIREARM PERMIT

 

County..............................        Permit Number.............................

Expires..............................        Date of Birth................................

Height...............................        Weight..........................................

Name................................        Address........................................

City...................................        Zip................................................

                                                                    Photograph

 


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Signature...........................

Issued by...........................

Date of Issue.....................

[Make, model and caliber of each authorized semiautomatic firearm, if any   ]

Semiautomatic firearms authorized.................. Yes............... No

Revolvers authorized........................ Yes............................... No

 

     4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.

     5.  As used in this section, “National Instant Criminal Background Check System” means the national system created by the federal Brady Handgun Violence Prevention Act, Public Law 103-159.

     Sec. 3.  NRS 202.3662 is hereby amended to read as follows:

     202.3662  1.  Except as otherwise provided in this section and NRS 202.3665 and 239.0115:

     (a) An application for a permit, and all information contained within that application; [and]

     (b) All information provided to a sheriff or obtained by a sheriff in the course of the investigation of an applicant [,] or permittee;

     (c) The identity of the permittee; and

     (d) Any records regarding the suspension, restoration or revocation of a permit,

Ê are confidential.

     2.  Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.

     3.  Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.

     Sec. 4.  NRS 202.3677 is hereby amended to read as follows:

     202.3677  1.  If a permittee wishes to renew his or her permit, the permittee must [complete] :

     (a) Complete and submit to the sheriff who issued the permit an application for renewal of the permit [.] ; and

     (b) Undergo an investigation by the sheriff pursuant to NRS 202.366 to determine if the permittee is eligible for a permit.

     2.  An application for the renewal of a permit must:

     (a) Be completed and signed under oath by the applicant;

     (b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657; [and]

     (c) Be accompanied by a nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and

     (d) Be accompanied by a nonrefundable fee of $25.

Ê If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.

 


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     3.  No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with revolvers, with [each] semiautomatic [firearm to which the application pertains,] firearms, or with revolvers and [each such] semiautomatic [firearm,] firearms, as applicable, by successfully completing a course prescribed by the sheriff renewing the permit.

     Sec. 5.  NRS 407.0475 is hereby amended to read as follows:

     407.0475  1.  The Administrator shall adopt such regulations as he or she finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the Division. [The] Except as otherwise provided in subsection 2, the regulations may include prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the Division.

     2.  Any regulations relating to the conduct of persons within the park or recreational facilities must:

     (a) Be directed toward one or both of the following:

           (1) Prevention of damage to or misuse of the facility.

           (2) Promotion of the inspiration, use and enjoyment of the people of this State through the preservation and use of the facility.

     (b) Apply separately to each park, monument or recreational area and be designed to fit the conditions existing at that park, monument or recreational area.

     (c) Not establish restrictions on the possession of firearms within the park or recreational facility which are more restrictive than the laws of this State relating to:

           (1) The possession of firearms; or

           (2) Engaging in lawful resistance to prevent an offense against a person or property.

Ê Any regulation which violates the provisions of this paragraph is void.

     3.  Any person whose conduct violates any regulation adopted pursuant to subsection 1, and who refuses to comply with the regulation upon request by any ranger or employee of the Division who has the powers of a peace officer pursuant to NRS 289.260, is guilty of a misdemeanor.

     Sec. 5.5.  (Deleted by amendment.)

     Sec. 6.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 3112ê

 

CHAPTER 491, AB 332

Assembly Bill No. 332–Assemblymen Conklin, Kirkpatrick; and Smith

 

CHAPTER 491

 

[Approved: June 17, 2011]

 

AN ACT relating to state financial administration; amending certain reporting requirements of the Economic Forum; requiring the Economic Forum to hold additional meetings; authorizing the Economic Forum to request certain information and testimony; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Economic Forum, a panel of economic and financial experts appointed by the Governor, the Majority Floor Leader of the Senate and the Speaker of the Assembly, provides revenue estimates and projections to the Governor and the Legislature. (NRS 353.226, 353.228) This bill makes a number of changes to the operations of the Economic Forum. Section 2 of this bill requires certain reports of the Economic Forum that currently must be made, respectively, on or before December 1 before each regular session of the Legislature and on or before May 1 of the following year to instead be made on or before December 3 of each even-numbered year and May 1 of each odd-numbered year. Section 2 also requires the Economic Forum to hold additional meetings, on or before June 10 of each even-numbered year and December 10 of each odd-numbered year, to consider current economic indicators and to update the status of actual State General Fund revenue accordingly, as compared to the most recent revenue estimates made by the Economic Forum. The Economic Forum then must present the updated information to the Interim Finance Committee and must make the information available to the public on the website of the Legislature. Finally, section 2 authorizes the Economic Forum to request testimony and information from any state agency, which then must provide the testimony or information.

 

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.  (Deleted by amendment.)

     Sec. 2.  NRS 353.228 is hereby amended to read as follows:

     353.228  1.  The Economic Forum impaneled pursuant to NRS 353.226 shall:

     (a) Make such projections for economic indicators as it deems necessary to ensure that an accurate estimate is produced pursuant to paragraph (b);

     (b) Provide an accurate estimate of the revenue that will be collected by the State for general, unrestricted uses, and not for special purposes, during the biennium that begins on July 1 of the year following the date on which the Economic Forum was empaneled;

     (c) Request such technical assistance as the Economic Forum deems necessary from the Technical Advisory Committee created by NRS 353.229;

     (d) On or before December [1] 3 of [the] each even-numbered year , [in which the Economic Forum was empaneled,] prepare a written report of its projections of economic indicators and estimate of future state revenue required by paragraphs (a) and (b) and present the report to the Governor and the Legislature; [and]

 


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     (e) On or before May 1 of [the] each odd-numbered year , [following the year in which the Economic Forum was empaneled,] prepare a written report confirming or revising the projections of economic indicators and estimate of future state revenue contained in the report prepared pursuant to paragraph (d) and present the report to the Governor and the Legislature [.] ; and

     (f) Except as otherwise provided in subsection 2, on or before June 10 of each even-numbered year and December 10 of each odd-numbered year, hold a meeting to consider current economic indicators, including, without limitation, employment, unemployment, personal income and any other indicators deemed appropriate by the Economic Forum. Based on current economic indicators, the Economic Forum shall update the status of actual State General Fund revenue compared to the most recent forecast of the Economic Forum. The provisions of this paragraph are not intended to authorize the Economic Forum to make additional forecasts pursuant to paragraph (b). At the next appropriate meeting of the Interim Finance Committee, the Chair of the Economic Forum or a member of the staff of the Economic Forum shall present to the Interim Finance Committee such matters considered at the meeting of the Economic Forum held pursuant to this paragraph, as the Economic Forum determines appropriate. Any such information presented to the Interim Finance Committee must be made available on the Internet website of the Legislature.

     2.  If the deadline for preparing a report or holding a meeting as required in subsection 1 falls on a Saturday, Sunday or legal holiday, the deadline is extended to the second business day following the deadline.

     3.  The Economic Forum may make preliminary projections of economic indicators and estimates of future state revenue at any time. Any such projections and estimates must be made available to the various agencies of the State through the Chief.

     [3.] 4.  The Economic Forum may request information directly from any state agency [.] , including, without limitation, the Nevada System of Higher Education. A state agency , including, without limitation, the Nevada System of Higher Education, that receives a reasonable request for information from the Economic Forum shall comply with the request as soon as is reasonably practicable after receiving the request.

     [4.] 5.  The Economic Forum may request direct testimony from any state agency, including, without limitation, the Nevada System of Higher Education, at a meeting of the Economic Forum or the Technical Advisory Committee. The head, or a designee thereof, of a state agency, including, without limitation, the Nevada System of Higher Education, who receives a reasonable request for direct testimony at a meeting of the Economic Forum or the Technical Advisory Committee shall appear at the meeting and shall comply with the request.

     6.  To carry out its duties pursuant to this section, the Economic Forum may consider any information received from the Technical Advisory Committee and any other information received from independent sources.

     [5.] 7.  Copies of the projections and estimates made pursuant to this section must be made available to the public by the Director of the Legislative Counsel Bureau for the cost of reproducing the material.

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

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ê2011 Statutes of Nevada, Page 3114ê

 

CHAPTER 492, AB 360

Assembly Bill No. 360–Assemblyman Bobzien

 

CHAPTER 492

 

[Approved: June 17, 2011]

 

AN ACT relating to local governments; requiring a city or county to provide by ordinance that property owners have 30 days to abate a nuisance or dangerous or noxious condition under certain circumstances; authorizing a city or county to collect civil penalties imposed for failure to abate certain conditions and nuisances on property within the city or county as a special assessment against the property under certain circumstances; revising provisions relating to the maximum amount of a civil penalty that may be imposed for failure to abate certain nuisances on property within the city or county under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, if an owner of property within a city fails to abate a dangerous or noxious condition, a chronic nuisance or, in larger counties, an abandoned nuisance on the property after being directed to do so, the owner may be required to pay civil penalties as well as any costs incurred by the city to abate the condition or nuisance. In addition to any other reasonable means of recovering its abatement costs, the city is authorized to make those costs a special assessment against the property and collect the special assessment in the same manner as ordinary county taxes are collected. (NRS 268.4122-268.4126) Existing law sets forth parallel authority for counties to abate chronic nuisances and public nuisances and provides that abatement costs for public nuisances must be received as a special assessment against the affected property. (NRS 244.3603, 244.3605) This bill provides that a city or county must allow a property owner at least 30 days to abate a condition or nuisance if the condition or nuisance: (1) is not an immediate danger to the public health, safety or welfare; and (2) was caused by the criminal activity of another person. This bill authorizes a city or county to also collect any civil penalties imposed against the owner of the property as a special assessment against the property if the amount of the uncollected civil penalties after 12 months is more than $5,000.

       Under existing law, the maximum civil penalty that is authorized to be imposed on an owner of property in a city or county for failure to abate a chronic nuisance on the property is $500 per day. (NRS 244.3603, 268.4124) Sections 2 and 5 of this bill increase that maximum authorized civil penalty to $750 per day if the relevant property is nonresidential property. Section 3 of this bill provides a maximum civil penalty that a city may impose for the failure to abate an abandoned nuisance of $750 per day against an owner of nonresidential property and $500 per day against an owner of residential property.

 

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 268.4122 is hereby amended to read as follows:

     268.4122  1.  The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of property within the city to:

 


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ê2011 Statutes of Nevada, Page 3115 (Chapter 492, AB 360)ê

 

     (a) Repair, safeguard or eliminate a dangerous structure or condition;

     (b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS; or

     (c) Clear weeds and noxious plant growth,

Ê to protect the public health, safety and welfare of the residents of the city.

     2.  An ordinance adopted pursuant to subsection 1 must:

     (a) Contain procedures pursuant to which the owner of the property is:

           (1) Sent a notice, by certified mail, return receipt requested, of the existence on the property of a condition set forth in subsection 1 and the date by which the owner must abate the condition . [; and]

           (2) If the condition is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the condition.

          (3) Afforded an opportunity for a hearing before the designee of the governing body and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

     (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

     (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

     (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition.

     (e) If the county board of health, city board of health or district board of health in whose jurisdiction the incorporated city is located has adopted a definition of garbage, use the definition of garbage adopted by the county board of health, city board of health or district board of health, as applicable.

     3.  The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition if:

     (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on the property within the period specified in the notice;

     (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order; or

     (c) The governing body or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

     4.  In addition to any other reasonable means [of] for recovering money expended by the city to abate the condition [,] and, except as otherwise provided in subsection 5, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body may make the expense and civil penalties a special assessment against the property upon which the condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes.

 


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ê2011 Statutes of Nevada, Page 3116 (Chapter 492, AB 360)ê

 

may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

     5.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body unless:

     (a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the condition or the date specified in the order of the governing body or court by which the owner must abate the condition, whichever is later;

     (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

     (c) The amount of the uncollected civil penalties is more than $5,000.

     6.  As used in this section, “dangerous structure or condition” means a structure or condition that may cause injury to or endanger the health, life, property, safety or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

     (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413 with respect to minimum levels of health, maintenance or safety; or

     (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the governing body of a city, the violation of which is designated as a nuisance in the ordinance, rule or regulation.

     Sec. 2.  NRS 268.4124 is hereby amended to read as follows:

     268.4124  1.  The governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to:

     (a) Seek the abatement of a chronic nuisance that is located or occurring within the city;

     (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

     (c) If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.

     2.  An ordinance adopted pursuant to subsection 1 must:

     (a) Contain procedures pursuant to which the owner of the property is:

           (1) Sent notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation, of the existence on the property of two or more nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the city attorney for legal action . [; and]

           (2) If the nuisance is not an immediate danger to the public health, safety and welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the nuisance.

           (3) Afforded an opportunity for a hearing before a court of competent jurisdiction.

 


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     (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

     (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

     3.  If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public health, welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:

     (a) Impose a civil penalty :

           (1) If the property is nonresidential property, of not more than $750 per day; or

           (2) If the property is residential property, of not more than $500 per day ,

Ê for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

     (b) Order the owner to pay the city for the cost incurred by the city in abating the condition;

     (c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and

     (d) Order any other appropriate relief.

     4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the chronic nuisance [,] and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body may make the expense and civil penalties a special assessment against the property upon which the chronic nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

     5.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body unless:

     (a) At least 12 months have elapsed after the date specified in the order of the court by which the owner must abate the chronic nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the chronic nuisance, whichever is later;

     (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

     (c) The amount of the uncollected civil penalties is more than $5,000.

     6.  As used in this section:

     (a) A “chronic nuisance” exists:

           (1) When three or more nuisance activities exist or have occurred during any 30-day period on the property.

 


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ê2011 Statutes of Nevada, Page 3118 (Chapter 492, AB 360)ê

 

           (2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property.

           (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS.

           (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog.

           (5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

                (I) The building or place has not been deemed safe for habitation by a governmental entity; or

                 (II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

     (b) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711.

     (c) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

     [(c)] (d) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

     [(d)] (e) “Nuisance activity” means:

           (1) Criminal activity;

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

           (3) Excessive noise and violations of curfew; or

           (4) Any other activity, behavior or conduct defined by the governing body to constitute a public nuisance.

     [(e)] (f) “Person associated with the property” means a person who, on the occasion of a nuisance activity, has:

           (1) Entered, patronized or visited;

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

           (3) Waited to enter, patronize or visit,

Ê a property or a person present on the property.

     (g) “Residential property” means:

           (1) Improved real estate that consists of not more than four residential units;

           (2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

 


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           (3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

     Sec. 3.  NRS 268.4126 is hereby amended to read as follows:

     268.4126  1.  The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

     (a) The abatement of an abandoned nuisance that is located or occurring within the city;

     (b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

     (c) Authorization for the city to take the actions described in paragraphs (a) and (b);

     (d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

     (e) Any other appropriate relief.

     2.  An ordinance adopted pursuant to subsection 1 must:

     (a) Contain procedures pursuant to which the owner of the property is:

           (1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation, of the existence on the property of two or more abandoned nuisance activities and the date by which the owner must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action . [; and]

           (2) If the abandoned nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the abandoned nuisance.

           (3) Afforded an opportunity for a hearing before a court of competent jurisdiction.

     (b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

     (c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

           (1) Abate the abandoned nuisance on the property; or

           (2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

     3.  If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

 


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     (a) Impose a civil penalty:

           (1) If the property is nonresidential property, of not more than $750 per day; or

           (2) If the property is residential property, of not more than $500 per day,

Ê for each day that the abandoned nuisance was not abated after the date specified in the notice by which the owner was required to abate the abandoned nuisance;

     (b) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

     [(b)] (c) If the owner of the property fails to comply with the order:

           (1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

           (2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

     [(c)] (d) Order any other appropriate relief.

     4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance [,] and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body of the city may make the expense and civil penalties a special assessment against the property upon which the abandoned nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

     5.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body unless:

     (a) At least 12 months have elapsed after the date specified in the order of the court by which the owner must abate the abandoned nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the abandoned nuisance, whichever is later;

     (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

     (c) The amount of the uncollected civil penalties is more than $5,000.

     6.  As used in this section:

     (a) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 12 months or more and:

           (1) Two or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

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

 


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     (b) “Abandoned nuisance activity” means:

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

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

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

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

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

           (6) Environmental hazards;

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

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

     (c) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711.

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

           (1) Entered, patronized or visited;

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

           (3) Waited to enter, patronize or visit,

Ê a property or a person present on the property.

     (e) “Residential property” means:

           (1) Improved real estate that consists of not more than four residential units;

           (2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

           (3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

     Sec. 4.  NRS 244.3601 is hereby amended to read as follows:

     244.3601  1.  Notwithstanding the abatement procedures set forth in NRS 244.360 or 244.3605, a board of county commissioners may, by ordinance, provide for a reasonable means to secure or summarily abate a dangerous structure or condition that at least three persons who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department, determine in a signed, written statement to be an imminent danger.

     2.  Except as otherwise provided in subsection 3, the owner of the property on which the structure or condition is located must be given reasonable written notice that is:

     (a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or

     (b) Posted on the property,

Ê before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure or summarily abate the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

 


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     3.  If it is determined in the signed, written statement provided pursuant to subsection 1 that the structure or condition is an imminent danger and the result of the imminent danger is likely to occur before the notice and an opportunity to challenge the action can be provided pursuant to subsection 2, then the structure or condition which poses such an imminent danger that presents an immediate hazard may be summarily abated. A structure or condition summarily abated pursuant to this section may only be abated to the extent necessary to remove the imminent danger that presents an immediate hazard. The owner of the structure or condition which is summarily abated must be given written notice of the abatement after its completion. The notice must state clearly that the owner of the property may seek judicial review of the summary abatement and must provide an address and telephone number at which the owner may obtain additional information concerning the summary abatement.

     4.  The costs of securing or summarily abating the structure or condition may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

     5.  As used in this section:

     (a) “Dangerous structure or condition” has the meaning ascribed to it in subsection [5] 6 of NRS 244.3605.

     (b) “Imminent danger” means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the life, safety, health or property of:

           (1) The occupants, if any, of the real property on which the structure or condition is located; or

           (2) The general public.

     Sec. 5.  NRS 244.3603 is hereby amended to read as follows:

     244.3603  1.  Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:

     (a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;

     (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

     (c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.

     2.  An ordinance adopted pursuant to subsection 1 must:

     (a) Contain procedures pursuant to which the owner of the property is:

           (1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on the owner’s property of nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the district attorney for legal action . [; and]

           (2) If the chronic nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the chronic nuisance.

 


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           (3) Afforded an opportunity for a hearing before a court of competent jurisdiction.

     (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

     (c) Provide the manner in which the county will recover money expended to abate the condition on the property if the owner fails to abate the condition.

     3.  If the court finds that a chronic nuisance exists and action is necessary to avoid serious threat to the public welfare or the safety or health of the occupants of the property, the court may order the county to secure and close the property until the nuisance is abated and may:

     (a) Impose a civil penalty :

           (1) If the property is nonresidential property, of not more than $750 per day; or

           (2) If the property is residential property, of not more than $500 per day ,

Ê for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

     (b) Order the owner to pay the county for the cost incurred by the county in abating the condition; and

     (c) Order any other appropriate relief.

     4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the county to abate the chronic nuisance [,] and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the board may make the expense and civil penalties a special assessment against the property upon which the chronic nuisance is located or occurring. The special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

     5.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the board unless:

     (a) At least 12 months have elapsed after the date specified in the order of the court by which the owner must abate the chronic nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the chronic nuisance, whichever is later;

     (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

     (c) The amount of the uncollected civil penalties is more than $5,000.

     6.  As used in this section:

     (a) A “chronic nuisance” exists:

           (1) When three or more nuisance activities exist or have occurred during any 90-day period on the property.

           (2) When a person associated with the property has engaged in three or more nuisance activities during any 90-day period on the property or within 100 feet of the property.

 


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           (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS.

           (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog.

           (5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

                (I) The building or place has not been deemed safe for habitation by a governmental entity; or

                (II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

     (b) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711.

     (c) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

     [(c)] (d) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

     [(d)] (e) “Nuisance activity” means:

           (1) Criminal activity;

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

           (3) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property;

           (4) Excessive noise and violations of curfew; or

           (5) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.

     [(e)] (f) “Person associated with the property” means:

           (1) The owner of the property;

           (2) The manager or assistant manager of the property;

           (3) The tenant of the property; or

           (4) A person who, on the occasion of a nuisance activity, has:

                (I) Entered, patronized or visited;

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

                (III) Waited to enter, patronize or visit,

Ê the property or a person present on the property.

     (g) “Residential property” means:

           (1) Improved real estate that consists of not more than four residential units;

           (2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

 


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ê2011 Statutes of Nevada, Page 3125 (Chapter 492, AB 360)ê

 

           (3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

     Sec. 6.  NRS 244.3605 is hereby amended to read as follows:

     244.3605  1.  Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may, to abate public nuisances, adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

     (a) Repair, safeguard or eliminate a dangerous structure or condition;

     (b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS;

     (c) Clear weeds and noxious plant growth; or

     (d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in the ordinance adopted pursuant to this section,

Ê to protect the public health, safety and welfare of the residents of the county.

     2.  An ordinance adopted pursuant to subsection 1 must:

     (a) Contain procedures pursuant to which the owner of the property is:

           (1) Sent notice, by certified mail, return receipt requested, of the existence on the owner’s property of a public nuisance set forth in subsection 1 and the date by which the owner must abate the public nuisance . [; and]

           (2) If the public nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the public nuisance.

           (3) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

     (b) Provide that the date specified in the notice by which the owner must abate the public nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

     (c) Provide the manner in which the county will recover money expended to abate the public nuisance on the property if the owner fails to abate the public nuisance.

     (d) Provide for civil penalties for each day that the owner did not abate the public nuisance after the date specified in the notice by which the owner was required to abate the public nuisance.

     3.  The county may abate the public nuisance on the property and may recover the amount expended by the county for labor and materials used to abate the public nuisance if:

     (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance on the owner’s property within the period specified in the notice;

     (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance within the period specified in the order; or

 


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     (c) The board or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the public nuisance within the period specified in the order.

     4.  In addition to any other reasonable means [of] for recovering money expended by the county to abate the public nuisance [,] and, except as otherwise provided in subsection 5, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the expense [is] and civil penalties are a special assessment against the property upon which the public nuisance is located, and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

     5.  Any civil penalties that have not been collected from the owner of the property are not a special assessment against the property pursuant to subsection 4 unless:

     (a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the public nuisance or the date specified in the order of the board or court by which the owner must abate the public nuisance, whichever is later;

     (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

     (c) The amount of the uncollected civil penalties is more than $5,000.

     6.  As used in this section, “dangerous structure or condition” means a structure or condition that is a public nuisance which may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

     (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or

     (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated by the board as a public nuisance in the ordinance, rule or regulation.

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

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