[Rev. 10/24/2013 8:15:01 PM--2013]

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CHAPTER 506, AB 288

Assembly Bill No. 288–Assemblymen Flores, Dondero Loop, Kirner; and Elliot Anderson

 

CHAPTER 506

 

[Approved: June 11, 2013]

 

AN ACT relating to education; requiring the State Board of Education to select a high school equivalency assessment for certain persons who are not enrolled in high school and have not graduated; providing for the recognition of a document equivalent to a general educational development certificate, general educational development credential and general equivalency diploma; requiring the State Board to select a college and career readiness assessment for administration to pupils enrolled in grade 11 in public high schools; revising the requirements to receive a standard high school diploma by requiring pupils to pass end-of-course examinations for the courses of study prescribed by the State Board; eliminating the option for the issuance of a certificate of attendance indicating a pupil attended high school but did not satisfy the requirements for a standard high school diploma; eliminating the high school proficiency examination; repealing provisions relating to the high school proficiency examination; making an appropriation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes a person who is 16 or 17 years of age, is not enrolled in high school and has not graduated from high school to take the tests of general educational development to obtain a general educational development certificate which demonstrates that the person has achieved an educational level which is an acceptable substitute for completing a high school education. (NRS 385.448) Section 12.3 of this bill removes the reference to the tests of general educational development and requires the State Board of Education to select a high school equivalency assessment. Existing law also makes various references to a: (1) general educational development certificate; (2) general educational development credential; and (3) general equivalency diploma. (NRS 209.396, 209.433, 209.443, 209.446, 209.4465, 211.330, 213.315, 388.575, 389.810, 432B.595, 630.277, 641C.420, 652.127, 697.173) Sections 17.5, 33.5, 41.1-41.7 and 42.2-42.7 of this bill provide for the recognition of a document that is equivalent to such a certificate, credential or diploma.

      Existing law requires the administration of examinations based upon the State’s academic standards to pupils enrolled in grades 3 through 8 and requires pupils to pass the high school proficiency examination to receive a standard high school diploma. (NRS 389.015, 389.550) Section 43 of this bill eliminates the high school proficiency examination. Section 19 of this bill requires the State Board to select a college and career readiness assessment for administration to pupils enrolled in grade 11 in public high schools commencing with the 2014-2015 school year. Section 19 further requires a pupil enrolled in grade 11 to take the assessment to receive a standard high school diploma, but prohibits the use of the results of the assessment in determining the pupil’s eligibility for such a diploma.

      Existing law prescribes the requirements for a standard high school diploma, including passage of the high school proficiency examination. (NRS 389.805) Section 33 of this bill eliminates the requirement of passage of the high school proficiency examination and instead requires the State Board to prescribe the criteria for receipt of a standard high school diploma, which must include the requirement that, commencing with the 2014-2015 school year, a pupil pass at least four end-of-course examinations.

 


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end-of-course examinations. Section 33 also requires the State Board to adopt the courses of study in which pupils must pass such examinations, which must include, without limitation, the subject areas for which the State Board has adopted the common core standards.

      Under existing law, a pupil who does not pass the high school proficiency examination may be issued a certificate of attendance in lieu of a diploma if he or she is 18 years of age. (NRS 389.015) Section 33 of this bill prohibits the issuance to a pupil of a certificate of attendance or any other document indicating that the pupil attended high school but did not satisfy the requirements for a standard high school diploma.

      As a transition from the administration of the high school proficiency examination to the administration of end-of-course examinations, sections 44-44.7 of this bill require the State Board of Education to prescribe the requirements which a pupil enrolled in grade 10, 11 or 12 in the 2013-2014 school year who has not passed the high school proficiency examination and is required to pass the examination to receive a standard high school diploma must satisfy to receive a standard high school diploma. Such requirements may include the continuation of the administration of the high school proficiency examination to those pupils.

      The remaining sections of this bill make conforming changes relating to the elimination of the high school proficiency examination.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS [389.015 and] 389.550 [,] and 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in paragraph (b).

 


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      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS [389.015 and] 389.550 [,] and 389.805 and section 19 of this act, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made:

             (1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

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

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) The total number of persons employed by each school district in this State, including without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of a school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of a school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

 


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             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of a school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (l) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (m) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph.

 


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expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (o) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (p) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

             (1) Provide proof to the school district of successful completion of the [examinations of general educational development.] high school equivalency assessment selected by the State Board pursuant to NRS 385.448.

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

             (3) Withdraw from school to attend another school.

      (q) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

      (v) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

 


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      (x) Each source of funding for this State to be used for the system of public education.

      (y) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study.

             (2) An identification of each program of remedial study, listed by subject area.

      (z) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (bb) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma . [, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

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

             (2) An adult diploma.

             (3) An adjusted diploma.

             [(4) A certificate of attendance.]

      (cc) [For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (dd)] The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      [(ee)](dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

 


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supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      [(ff)](ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      [(gg)](ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

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

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

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

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

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

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

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

      (ii)]satisfy the criteria prescribed by the State Board pursuant to NRS 389.805.

      (hh) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, reported for each school district, including, without limitation, each charter school in the district, and for the State as a whole.

      2.  A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before October 15 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

 


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             (1) Governor;

             (2) Committee;

             (3) Bureau;

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

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 2. NRS 385.34691 is hereby amended to read as follows:

      385.34691  1.  The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

      (a) Must be prepared in consultation with:

             (1) Employees of the Department;

             (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

             (3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

             (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and

      (b) May be prepared in consultation with:

             (1) Representatives of institutions of higher education;

             (2) Representatives of regional educational laboratories;

             (3) Representatives of outside consultant groups;

             (4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391.512;

             (5) The Bureau; and

             (6) Other persons who the State Board determines are appropriate.

      2.  A plan to improve the achievement of pupils enrolled in public schools in this State must include:

      (a) A review and analysis of the data upon which the report required pursuant to NRS 385.3469 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

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

 


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      (d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

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

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS [389.015 and] 389.550 [;] and 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act; and

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

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

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

             (4) Manage effectively the discipline of pupils; and

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

      (e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

             (1) The requirements for admission to an institution of higher education and the opportunities for financial aid;

             (2) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.945, inclusive; and

             (3) The need for a pupil to make informed decisions about his or her curriculum in middle school, junior high school and high school in preparation for success after graduation.

      (f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

      (g) A timeline for carrying out the plan, including, without limitation:

             (1) The rate of improvement and progress which must be attained annually in meeting the goals and benchmarks established by the State Board pursuant to subsection 3; and

             (2) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph.

 


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schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

      (k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

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

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

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

      (m) Any additional plans addressing the achievement and proficiency of pupils adopted by the Department.

      3.  The State Board shall:

      (a) In developing the plan to improve the achievement of pupils enrolled in public schools, establish clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for:

             (1) Improving proficiency results in core academic subjects;

             (2) Increasing the number of pupils enrolled in public middle schools and junior high schools, including, without limitation, charter schools, who enter public high schools with the skills necessary to succeed in high school;

             (3) Improving the percentage of pupils who enroll in grade 9 and who graduate from a public high school, including, without limitation, a charter school, with a standard or higher diploma upon completion;

             (4) Improving the performance of pupils on standardized college entrance examinations;

             (5) Increasing the percentage of pupils enrolled in high schools who enter postsecondary educational institutions or who are career and workforce ready; and

             (6) Reengaging disengaged youth who have dropped out of high school or who are at risk of dropping out of high school, including, without limitation, a mechanism for tracking and maintaining communication with those youth who have dropped out of school or who are at risk of doing so;

      (b) Review the plan annually to evaluate the effectiveness of the plan;

      (c) Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained; and

      (d) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that:

             (1) The goals and benchmarks set forth in the plan are being attained in a timely manner; and

             (2) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State.

 


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      4.  On or before January 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

      (a) Governor;

      (b) Committee;

      (c) Bureau;

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

      (e) Council to Establish Academic Standards for Public Schools created by NRS 389.510;

      (f) Board of trustees of each school district; and

      (g) Governing body of each charter school.

      Sec. 3. NRS 385.34692 is hereby amended to read as follows:

      385.34692  1.  The State Board shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.3469 that includes, without limitation, a summary of the following information for each school district, each charter school and the State as a whole:

      (a) Demographic information of pupils, including, without limitation, the number and percentage of pupils:

             (1) Who are economically disadvantaged, as defined by the State Board;

             (2) Who are from major racial or ethnic groups, as defined by the State Board;

             (3) With disabilities;

             (4) Who are limited English proficient; and

             (5) Who are migratory children, as defined by the State Board;

      (b) The average daily attendance of pupils, reported separately for the groups identified in paragraph (a);

      (c) The transiency rate of pupils;

      (d) The percentage of pupils who are habitual truants;

      (e) The percentage of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655;

      (f) The number of incidents resulting in suspension or expulsion for:

             (1) Violence to other pupils or to school personnel;

             (2) Possession of a weapon;

             (3) Distribution of a controlled substance;

             (4) Possession or use of a controlled substance;

             (5) Possession or use of alcohol; and

             (6) Bullying, cyber-bullying, harassment or intimidation;

      (g) For kindergarten through grade 8, the number and percentage of pupils who are retained in the same grade;

      (h) For grades 9 to 12, inclusive, the number and percentage of pupils who are deficient in the number of credits required for promotion to the next grade or graduation from high school;

      (i) The pupil-teacher ratio for kindergarten and grades 1 to 8, inclusive;

      (j) The average class size for the subject area of mathematics, English, science and social studies in schools where pupils rotate to different teachers for different subjects;

      (k) The number and percentage of pupils who graduated from high school;

      (l) The number and percentage of pupils who received a:

             (1) Standard diploma;

             (2) Adult diploma; and

             (3) Adjusted diploma; [and

 


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             (4) Certificate of attendance;]

      (m) The number and percentage of pupils who graduated from high school and enrolled in remedial courses at the Nevada System of Higher Education;

      (n) Per pupil expenditures;

      (o) Information on the professional qualifications of teachers;

      (p) The average daily attendance of teachers and licensure information;

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

      (r) Pupil achievement based upon the:

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

             (2) [High school proficiency examination administered pursuant to NRS 389.015; and] End-of-course examinations administered pursuant to NRS 389.805; and

      (s) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  On or before October 20 of each year, the State Board shall:

      (a) Provide for public dissemination of the summary prepared pursuant to subsection 1 by posting the summary on the Internet website maintained by the Department; and

      (b) Submit a copy of the summary in an electronic format to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

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

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      4.  The board of trustees of each school district and the governing body of each charter school shall ensure that the parents and guardians of pupils enrolled in the school district or charter school, as applicable, have sufficient information concerning the availability of the summary prepared by the State Board pursuant to subsection 1, including, without limitation, information that describes how to access the summary on the Internet website maintained by the Department. Upon the request of a parent or guardian of a pupil, the Department shall provide the parent or guardian with a written copy of the summary.

      5.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form for the summary required by this section.

      6.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Intimidation” has the meaning ascribed to it in NRS 388.129.

 


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      Sec. 4. NRS 385.347 is hereby amended to read as follows:

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

      2.  The board of trustees of each school district shall, on or before September 30 of each year, prepare an annual report of accountability concerning:

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

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS [389.015 and] 389.550 and 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school sponsored by the district, and each grade in which the examinations and assessments were administered:

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

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

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board.

             (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

             (5) The percentage of pupils who were not tested.

             (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in subparagraph (3).

             (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS [389.015 and] 389.550 [,] and 389.805 and section 19 of this act, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

 


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include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools sponsored by the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

             (9) For each school in the district, including, without limitation, each charter school sponsored by the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

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

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (d) The total number of persons employed for each elementary school, middle school or junior high school, and high school in the district, including, without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school in each category, the report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of the school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of the school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

 


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             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of the school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (e) The total number of persons employed by the school district, including without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by the school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph, “administrator,” “other staff” and “teacher” have the meanings ascribed to them in paragraph (d).

      (f) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

 


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                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (g) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

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

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

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

      (i) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (j) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

             (1) Provide proof to the school district of successful completion of the [examinations of general educational development.] high school equivalency assessment selected by the State Board pursuant to NRS 385.448.

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

             (3) Withdraw from school to attend another school.

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

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

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

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

 


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             (3) The involvement of parents and the engagement of families of pupils enrolled in the district in the education of their children.

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

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

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

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

      (q) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

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

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

      (t) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) An identification of each program of remedial study, listed by subject area.

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

      (v) The technological facilities and equipment available at each school, including, without limitation, each charter school sponsored by the district, and the district’s plan to incorporate educational technology at each school.

      (w) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who received:

             (1) A standard high school diploma . [, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

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

             (2) An adult diploma.

             (3) An adjusted diploma.

 


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             [(4) A certificate of attendance.]

      (x) [For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

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

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

      [(aa)](z) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      [(bb)](aa) Information on whether each public school in the district, including, without limitation, each charter school sponsored by the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      [(cc)](bb) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school sponsored by the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      [(dd)](cc) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      [(ee)](dd) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

 

 


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      [(ff)](ee) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information on pupils enrolled in career and technical education, including, without limitation:

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

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

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

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

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

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

      (gg)]satisfy the criteria prescribed by the State Board pursuant to NRS 389.805.

      (ff) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      [(hh)](gg) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before September 30 of each year, prepare an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in paragraphs (a) to [(hh),] (gg), inclusive, of subsection 2, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the Department.

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

 


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

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

      5.  The annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      6.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsections 2 and 3 and provide the forms to the respective school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.

      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

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

      7.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      8.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (i) of subsection 2.

      (b) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3.

      9.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to subsection 2 or 3, as applicable, is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report.

 


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available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

      10.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 9 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to subsection 2 or 3, as applicable.

      11.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 5. NRS 385.357 is hereby amended to read as follows:

      385.357  1.  Except as otherwise provided in NRS 385.37603 and 385.37607, the principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must include:

      (a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 or 3 of NRS 385.347, as applicable, is based and a review and analysis of any data that is more recent than the data upon which the report is based.

 


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applicable, is based and a review and analysis of any data that is more recent than the data upon which the report is based.

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

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

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

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

      (f) Strategies and practices which:

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

             (2) Are designed to improve and promote effective involvement and engagement by parents and families of pupils enrolled in the school which are consistent with the policies and recommendations of the Office of Parental Involvement and Family Engagement made pursuant to NRS 385.635.

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

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

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

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS [389.015 and] 389.550 [;] and 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act; and

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

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

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

             (4) Manage effectively the discipline of pupils; and

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

 


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in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

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

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

      (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

      (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

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

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

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

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

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

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

 


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

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

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

      7.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

      8.  If a school is designated as demonstrating exemplary achievement, high achievement or adequate achievement, or if a school that is not a Title I school is designated as demonstrating need for improvement, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

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

      (a) Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d) Department;

      (e) Committee;

      (f) Bureau; and

      (g) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

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

      Sec. 6. NRS 385.361 is hereby amended to read as follows:

      385.361  1.  The State Board shall define the measurement for determining whether each public school, each school district and this State are making adequate yearly progress. The definition of adequate yearly progress must:

      (a) Comply with 20 U.S.C. § 6311(b)(2) and the regulations adopted pursuant thereto;

 


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      (b) Be designed to ensure that all pupils will meet or exceed the minimum level of proficiency set by the State Board, including, without limitation:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities; and

             (4) Pupils who are limited English proficient;

      (c) Be based primarily upon the measurement of progress of pupils on the examinations administered pursuant to NRS 389.550 or the [high school proficiency examination,] examinations administered pursuant to NRS 389.805, as applicable;

      (d) Include annual measurable objectives established pursuant to 20 U.S.C. § 6311(b)(2)(G) and the regulations adopted pursuant thereto;

      (e) For high schools, include the rate of graduation; and

      (f) For elementary schools, junior high schools and middle schools, include the rate of attendance.

      2.  The examination in science must not be included in the definition of adequate yearly progress.

      3.  The State Board shall prescribe, by regulation, the differentiated corrective actions, the consequences or the sanctions, or any combination thereof, based upon the identified needs of a public school, including, without limitation, the educational needs of English language learners, pupils with disabilities or other groups of pupils identified in paragraph (b) of subsection 1, that apply to the public school that has been designated as demonstrating need for improvement for 4 consecutive years or more, including, without limitation, the establishment of a support team for a school if deemed necessary by the Department in accordance with the regulations of the State Board. In no event may the consequences or sanctions be more strict than the restructuring that applies to Title I schools.

      Sec. 7. NRS 385.3612 is hereby amended to read as follows:

      385.3612  1.  The State Board shall adopt regulations that prescribe, consistent with 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, the manner in which pupils enrolled in:

      (a) A program of distance education pursuant to NRS 388.820 to 388.874, inclusive;

      (b) An alternative program for the education of pupils at risk of dropping out of school pursuant to NRS 388.537; or

      (c) A program of education that:

             (1) Primarily serves pupils with disabilities; or

            (2) Is operated within a:

                   (I) Local, regional or state facility for the detention of children;

                   (II) Juvenile forestry camp;

                   (III) Child welfare agency; or

                   (IV) Correctional institution,

Ê will be included within the statewide system of accountability set forth in NRS 385.3455 to 385.391, inclusive.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

 


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      (a) The progress of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 will be accounted for within the statewide system of accountability; and

      (b) The results of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 on the examinations administered pursuant to NRS [389.015 and] 389.550 and, if applicable for the grade levels of the pupils enrolled, the examinations administered pursuant to NRS 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act will be reported.

      Sec. 8. NRS 385.36129 is hereby amended to read as follows:

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

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

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

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

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

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

             (1) The name of the program;

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

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

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

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

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

             (1) The financial resources of the school;

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

             (3) The curriculum of the school;

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

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

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

 


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             (1) The results of the pupils who are enrolled in the school on the examinations that are administered pursuant to NRS 389.550 [or the high school proficiency examination, as applicable;] and, if applicable for the grade levels of the school, the end-of-course examinations administered pursuant to NRS 389.805;

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

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

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

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

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

             (7) Except as otherwise provided in subparagraph (8), a description of the disciplinary problems of the pupils who are enrolled in the school, including, without limitation, the information contained in paragraphs (m) to (p), inclusive, of subsection 2 of NRS 385.347; and

             (8) For a charter school, a description of the disciplinary problems of the pupils enrolled in the charter school as reported in the annual report of accountability prepared by the State Public Charter School Authority or the college or university within the Nevada System of Higher Education that sponsors the charter school, as applicable, pursuant to subsection 3 of NRS 385.347.

      2.  On or before December 15, the support team of a school other than a charter school shall submit a copy of the final written report to the:

      (a) Principal of the school;

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

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

      (d) Department; and

      (e) Bureau.

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

      3.  On or before December 15, the support team for a charter school shall submit a copy of the final written report to the:

      (a) Principal of the charter school;

      (b) Sponsor of the charter school;

      (c) Governing body of the charter school;

      (d) Department; and

      (e) Bureau.

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

      Sec. 9. NRS 385.3613 is hereby amended to read as follows:

      385.3613  1.  Except as otherwise provided in subsection 2, on or before July 31 of each year, the Department shall determine whether each public school is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      2.  On or before July 31 of each year, the Department shall determine whether each public school that operates on a schedule other than a traditional 9-month schedule is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

 


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traditional 9-month schedule is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      3.  The determination pursuant to subsection 1 or 2, as applicable, for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before July 31 of each year, the Department shall transmit:

      (a) Except as otherwise provided in paragraph (b) or (c), the determination made for each public school to the board of trustees of the school district in which the public school is located.

      (b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.

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

      4.  Except as otherwise provided in this subsection, the Department shall determine that a public school has failed to make adequate yearly progress if any group identified in paragraph (b) of subsection 1 of NRS 385.361 does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school shall be deemed to have made adequate yearly progress even though a group identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual measurable objectives of the State Board.

      5.  In addition to the provisions of subsection 4, the Department shall determine that a public school has failed to make adequate yearly progress if:

      (a) The number of pupils enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the [high school proficiency examination,] examinations administered pursuant to NRS 389.805, as applicable, is less than 95 percent of all pupils enrolled in the school who were required to take the examinations; or

      (b) Except as otherwise provided in subsection 6, for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils in the group enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the [high school proficiency examination,] examinations administered pursuant to NRS 389.805, as applicable, is less than 95 percent of all pupils in that group enrolled in the school who were required to take the examinations.

      6.  If the number of pupils in a particular group who are enrolled in a public school is insufficient to yield statistically reliable information:

 


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      (a) The Department shall not determine that the school has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 5 based solely upon that particular group.

      (b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The State Board shall prescribe the mechanism for determining the number of pupils that must be in a group for that group to yield statistically reliable information.

      7.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

      8.  As used in this section:

      (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 389.604.

      (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 389.608.

      Sec. 10. NRS 385.3762 is hereby amended to read as follows:

      385.3762  1.  On or before August 15 of each year, the Department shall determine whether each school district is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361. The pupils who are enrolled in a charter school, if any, located within a school district must not be included in the determination made for that school district. The determination made for each school district must be based only upon the information and data for those pupils who were enrolled in the school district for a full academic year, regardless of whether those pupils attended more than one school within the school district for that academic year.

      2.  Except as otherwise provided in this subsection, the Department shall determine that a school district has failed to make adequate yearly progress if any group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school district does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school district shall be deemed to have made adequate yearly progress even though a group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school district did not satisfy the annual measurable objectives of the State Board.

      3.  In addition to the provisions of subsection 2, the Department shall determine that a school district has failed to make adequate yearly progress if:

      (a) The number of pupils enrolled in the school district who took the examinations administered pursuant to NRS 389.550 or the [high school proficiency examination,] examinations administered pursuant to NRS 389.805, as applicable, is less than 95 percent of all pupils enrolled in the school district who were required to take the examinations; or

      (b) Except as otherwise provided in subsection 4, for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils enrolled in the school district who took the examinations administered pursuant to NRS 389.550 or the [high school proficiency examination,] examinations administered pursuant to NRS 389.805, as applicable, is less than 95 percent of all pupils in the group who were required to take the examinations.

 


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examination,] examinations administered pursuant to NRS 389.805, as applicable, is less than 95 percent of all pupils in the group who were required to take the examinations.

      4.  If the number of pupils in a particular group who are enrolled in a school district is insufficient to yield statistically reliable information:

      (a) The Department shall not determine that the school district has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 3 based solely upon that particular group.

      (b) The pupils in such a group must be included in the overall count of pupils enrolled in the school district who took the examinations.

Ê The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      Sec. 11. NRS 385.389 is hereby amended to read as follows:

      385.389  1.  The Department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS [389.015 and] 389.550 [,] and 389.805, including, without limitation, programs that are designed for pupils who are limited English proficient. The programs adopted for pupils who are limited English proficient must be designed to:

      (a) Improve the academic achievement of those pupils; or

      (b) Assist those pupils with attaining proficiency in the English language.

Ê In adopting these programs of remedial study, the Department shall consider the recommendations submitted by the Committee pursuant to NRS 218E.615 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

      2.  If a school fails to make adequate yearly progress based upon the results of the examinations administered pursuant to NRS [389.015 or] 389.550 [,] or 389.805, the school shall adopt a program of remedial study that has been adopted by the Department pursuant to subsection 1 or a program, practice or strategy recommended by the Commission on Educational Excellence pursuant to NRS 385.3785, or any combination thereof, as applicable.

      3.  A school district that includes a school described in subsection 2 shall ensure that each of the pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS [389.015 or] 389.550 [,] or 389.805, as applicable, completes remedial study that is determined to be appropriate for the pupil.

      Sec. 12. NRS 385.3891 is hereby amended to read as follows:

      385.3891  1.  The Department shall establish a monitoring system for the statewide system of accountability. The monitoring system must identify significant levels of achievement of pupils on the examinations that are administered pursuant to NRS 389.550 and [the high school proficiency examination that is administered pursuant to NRS 389.015,] 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act, identified by school and by school district.

      2.  On or before October 1 of each year, the Department shall prepare a written summary of the findings made pursuant to subsection 1. The written summary must be provided to:

 


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      (a) The Committee; and

      (b) If the findings show inconsistencies applicable to a particular school district or school within a school district, the board of trustees of that school district.

      3.  The Committee shall review the report submitted pursuant to subsection 2 and take such action as it deems appropriate.

      Sec. 12.3. NRS 385.448 is hereby amended to read as follows:

      385.448  1.  The State Board shall select an assessment which enables a person who satisfies the requirements of subsection 2 or 3, as applicable, to demonstrate that he or she has achieved an educational level which is an acceptable substitute for completing a high school education.

      2.  A person who:

      (a) Is 17 years of age or older;

      (b) If he or she is at least 17 years of age but less than 18 years of age, submits to the State Board written permission signed by his or her parent or legal guardian;

      (c) Has not graduated from a high school;

      (d) Is not currently enrolled in a high school; and

      (e) Satisfies any other requirements prescribed by the State Board,

Ê may take the [tests of general educational development prescribed] high school equivalency assessment selected by the State Board.

      [2.]3.  The board of trustees of a school district may, upon request and for good cause shown, grant permission to take the [tests of general educational development prescribed] high school equivalency assessment selected by the State Board to a person who:

      (a) Resides in the school district;

      (b) Is at least 16 years of age but less than 17 years of age;

      (c) Submits to the board of trustees written permission signed by his or her parent or legal guardian;

      (d) Has not graduated from a high school;

      (e) Is not currently enrolled in a high school; and

      (f) Satisfies any other requirements prescribed by the board of trustees.

      [3.]4.  The State Board may adopt regulations to carry out the provisions of [subsection 1.

      4.  As used in this section, “tests of general educational development” means examinations which enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which is an acceptable substitute for completing a high school education.] this section.

      Sec. 12.5. NRS 385.451 is hereby amended to read as follows:

      385.451  It is unlawful to disclose the questions contained in [tests of general educational development] the high school equivalency assessment selected by the State Board pursuant to NRS 385.448 and the approved answers used for grading the [tests] assessment except:

      1.  To the extent that disclosure is required in the Department’s administration of the [tests.] assessment.

      2.  That a disclosure may be made to a state officer who is a member of the Executive or Legislative branch to the extent that it is related to the performance of that officer’s duties.

 


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      Sec. 13.  NRS 386.550 is hereby amended to read as follows:

      386.550  1.  A charter school shall:

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

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

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

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

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

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

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

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

      (g) Cooperate with the board of trustees of the school district in the administration of the [achievement and proficiency] examinations administered pursuant to [NRS 389.015 and the examinations required pursuant to] NRS 389.550 and, if the charter school enrolls pupils at a high school grade level, the end-of-course examinations administered pursuant to NRS 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act to the pupils who are enrolled in the charter school.

      (h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this State.

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

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

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

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

 


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

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

      (o) If the charter school provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.

      2.  A charter school shall not provide instruction through a program of distance education to children who are exempt from compulsory attendance authorized by the State Board pursuant to subsection 1 of NRS 392.070. As used in this subsection, “distance education” has the meaning ascribed to it in NRS 388.826.

      Sec. 14. 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 pursuant to NRS 386.540 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; and

      (d) At least 75 percent of the pupils enrolled in grade 12 in the charter school in the immediately preceding school year [who] have [completed the required course work for graduation have passed the high school proficiency examination,] satisfied the criteria prescribed by the State Board pursuant to NRS 389.805, if the charter school enrolls pupils at a high school grade level.

      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 Department 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:

 


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      (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) and (d) 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. 15. NRS 386.740 is hereby amended to read as follows:

      386.740  1.  Each empowerment plan for a school must:

      (a) Set forth the manner by which the school will be governed;

      (b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

      (c) If a school support team has been established for the school in accordance with the regulations of the State Board adopted pursuant to NRS 385.361, require the principal and the empowerment team for the school to work in consultation with the school support team;

      (d) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

      (e) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS [389.015 and] 389.550 [;] and, if applicable for the grade levels of the empowerment school, the end-of-course examinations administered pursuant to NRS 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act;

      (f) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (g) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (h) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

      (i) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

      (j) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

      (k) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

      (l) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385.357, the turnaround plan for the school implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, whichever is applicable for the school;

 


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      (m) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

      (n) Set forth the calendar and schedule for the school.

      2.  If the empowerment plan includes an incentive pay structure, that pay structure must:

      (a) Provide an incentive for all staff employed at the school;

      (b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

      (c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

      3.  An empowerment plan may:

      (a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

      (b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

      4.  For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

      (a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

      (b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

      Sec. 16. NRS 386.765 is hereby amended to read as follows:

      386.765  1.  Except as otherwise provided pursuant to a waiver granted in accordance with NRS 386.745 or 386.750, each empowerment school, each person employed by an empowerment school and each pupil enrolled in an empowerment school shall comply with the applicable requirements of state law, including, without limitation, the standards of content and performance prescribed pursuant to NRS 389.520 and the examinations that are administered pursuant to NRS [389.015 and] 389.550 [.] and 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act.

      2.  Each empowerment school may accept gifts, grants and donations from any source for the support of its empowerment plan. A person who gives a gift, grant or donation may designate all or part of the gift, grant or donation specifically to carry out the incentive pay structure of the school, if applicable.

      Sec. 17. NRS 388.205 is hereby amended to read as follows:

      388.205  1.  The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils.

 


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pupils are enrolled to develop a 4-year academic plan for each of those pupils. The academic plan must set forth the specific educational goals that the pupil intends to achieve before graduation from high school. The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

      2.  The policy may ensure that each pupil enrolled in ninth grade and the pupil’s parent or legal guardian are provided with, to the extent practicable, the following information:

      (a) The advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, career and technical education courses, including, without limitation, career and technical skills-building programs, and any other educational programs, pathways or courses available to the pupil which will assist the pupil in the advancement of his or her education;

      (b) [The courses of study which the Department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the high school proficiency examination and pass that examination;

      (c)] The requirements for graduation from high school with a diploma and the types of diplomas available;

      [(d)](c) The requirements for admission to the Nevada System of Higher Education and the eligibility requirements for a Governor Guinn Millennium Scholarship; and

      [(e)](d) The charter schools within the school district.

      3.  The policy required by subsection 1 must require each pupil enrolled in ninth grade and the pupil’s parent or legal guardian to:

      (a) Be notified of opportunities to work in consultation with a school counselor to develop and review an academic plan for the pupil;

      (b) Sign the academic plan; and

      (c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.

      4.  If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

      5.  [If the administration of the high school proficiency examination in the subject area of mathematics or science, or both, is postponed for a pupil pursuant to NRS 389.016, the pupil’s academic plan must be revised in consultation with the pupil’s teacher who provides instruction in the applicable subject area and the pupil’s parent or legal guardian as set forth in NRS 389.016.

      6.]  An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupil’s educational and occupational development and make determinations of the appropriate courses of study for the pupil. If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.

      Sec. 17.5. NRS 388.575 is hereby amended to read as follows:

      388.575  1.  The Department of Education, after consulting with the Department of Corrections, shall:

      (a) Adopt regulations that establish a statewide program of education for incarcerated persons; and

 


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      (b) Coordinate with and assist school districts in operating programs of education for incarcerated persons.

      2.  The statewide program may include courses of study for:

      (a) A high school diploma;

      (b) Basic literacy;

      (c) English as a second language;

      (d) General educational development;

      (e) Life skills;

      (f) Career and technical education; and

      (g) Postsecondary education.

      3.  The statewide program does not include the programs of general education, vocational education and training established by the Board of State Prison Commissioners pursuant to NRS 209.389.

      4.  The statewide program must establish:

      (a) Standards for each course of study that set forth the:

             (1) Curriculum;

             (2) Qualifications for entry; and

             (3) Evaluation of incarcerated persons for placement; and

      (b) Procedures to ensure that an incarcerated person who earns credits in a program of education for incarcerated persons operated by a school district at a facility or institution shall, if transferred to a different facility or institution, transfer those credits to the program operated by a school district at that facility or institution.

      5.  As used in this section, “general educational development” means preparation for and administration of the standardized examinations or other high school equivalency assessments that enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which denotes competency in core curriculum. The term includes programs for obtaining a general educational development certificate [.] or an equivalent document.

      Sec. 18. NRS 388.874 is hereby amended to read as follows:

      388.874  1.  The State Board shall adopt regulations that prescribe:

      (a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the Department pursuant to NRS 388.834 and the contents of the application;

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

      (c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with NRS 388.850;

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

      (e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the [achievement and proficiency] examinations required pursuant to NRS [389.015 and] 389.550 [;] and, if applicable for the grade levels of the pupils enrolled, the administration of the examinations pursuant to NRS 389.805 and the college and career readiness assessment pursuant to section 19 of this act; and

 


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

      2.  The State Board may adopt regulations as it determines are necessary to carry out the provisions of NRS 388.820 to 388.874, inclusive.

      Sec. 19. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Board shall select a college and career readiness assessment for administration, commencing with the 2014-2015 school year and each school year thereafter, to pupils who are enrolled in grade 11 in public high schools.

      2.  Except as otherwise provided in this subsection, a pupil must take the college and career readiness assessment to receive a standard high school diploma. The results of a pupil on the assessment must not be used in the determination of whether the pupil satisfies the requirements for receipt of a standard high school diploma. A pupil with a disability may, in accordance with his or her individualized education program, be exempt from the requirement to take the college and career readiness assessment.

      3.  The assessment selected pursuant to subsection 1 must be:

      (a) Administered at the same time during the school year by the board of trustees of each school district to pupils enrolled in grade 11 in all public high schools of the school district and by the governing body of each charter school that enrolls pupils in grade 11, as prescribed by the State Board, and in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of the school districts and individual schools with the uniform procedures and report to the State Board any instance of noncompliance.

      (b) Administered in accordance with the plan adopted by the Department pursuant to NRS 389.616 and with the plan adopted by the board of trustees of the school district in which the assessment is administered pursuant to NRS 389.620. The Department shall monitor the compliance of the school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department,

Ê and shall report to the State Board any instance of noncompliance.

      4.  The assessment selected pursuant to subsection 1 must:

      (a) Be used to provide data and information to each pupil who takes the assessment in a manner that allows the pupil to review the areas of his or her academic strengths and weaknesses, including, without limitation, areas where additional work in the subject areas tested on the assessment is necessary to prepare for college and career success without the need for remediation; and

      (b) Allow teachers and other educational personnel to use the results of a pupil on the assessment to provide appropriate interventions for the pupil to prepare for college and career success.

      5.  The State Board may work in consultation with the boards of trustees of school districts and, if a charter school enrolls pupils at a high school grade level, the governing body of the charter school to develop and implement appropriate plans of remediation for pupils based upon the results of the pupils on the assessment.

 


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      Sec. 20. NRS 389.004 is hereby amended to read as follows:

      389.004  The board of trustees of each school district shall maintain on its Internet website, and shall post in a timely manner, all pertinent information concerning the examinations and assessments available to children who reside in the school district, including, without limitation, the dates and times of, and contact information concerning, such examinations [.] and assessments. The examinations and assessments posted must include, without limitation:

      1.  The [high school proficiency] college [examination] and career readiness assessment administered pursuant to [NRS 389.015; and] section 19 of this act.

      2.  The examinations required pursuant to NRS 389.805.

      3.  All other college entrance examinations offered in this State, including, without limitation, the Scholastic Aptitude Test, the American College Test, the Preliminary Scholastic Aptitude Test and the National Merit Scholarship Qualifying Test.

      Sec. 21. NRS 389.006 is hereby amended to read as follows:

      389.006  1.  In addition to any other test, examination or assessment required by state or federal law, the board of trustees of each school district may require the administration of district-wide tests, examinations and assessments [, including, without limitation, the practice test of the high school proficiency examination to pupils enrolled in high school,] that the board of trustees determines are vital to measure the achievement and progress of pupils. In making this determination, the board of trustees shall consider any applicable findings and recommendations of the Legislative Committee on Education.

      2.  The tests, examinations and assessments required pursuant to subsection 1 must be limited to those which can be demonstrated to provide a direct benefit to pupils or which are used by teachers to improve instruction and the achievement of pupils.

      3.  The board of trustees of each school district and the State Board shall periodically review the tests, examinations and assessments administered to pupils to ensure that the time taken from instruction to conduct a test, examination or assessment is warranted because it is still accomplishing its original purpose.

      Sec. 22. NRS 389.0115 is hereby amended to read as follows:

      389.0115  1.  If a pupil with a disability is unable to take an examination administered pursuant to NRS [389.015 or] 389.550 or 389.805 under regular testing conditions, the pupil may take the examination with modifications and accommodations that the pupil’s individualized education program team determines, in consultation with the Department and in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., are necessary to measure the progress of the pupil. If modifications or accommodations are made in the administration of an examination for a pupil with a disability, the modifications or accommodations must be set forth in the pupil’s individualized education program. The results of each pupil with a disability who takes an examination with modifications or accommodations must be reported and must be included in the determination of whether the school and the school district have made adequate yearly progress.

 


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      2.  The State Board shall prescribe an alternate examination for administration to a pupil with a disability if the pupil’s individualized education program team determines, in consultation with the Department, that the pupil cannot participate in all or a portion of an examination administered pursuant to NRS [389.015 or] 389.550 or 389.805 even with modifications and accommodations.

      3.  The State Board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., the modifications and accommodations that must be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions.

      4.  As used in this section:

      (a) “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      (b) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      Sec. 23. NRS 389.012 is hereby amended to read as follows:

      389.012  1.  The State Board shall:

      (a) In accordance with guidelines established by the National Assessment Governing Board and National Center for Education Statistics and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations adopted pursuant thereto, adopt regulations requiring the schools of this State that are selected by the National Assessment Governing Board or the National Center for Education Statistics to participate in the examinations of the National Assessment of Educational Progress.

      (b) Report the results of those examinations to the:

             (1) Governor;

             (2) Board of trustees of each school district of this State;

             (3) Legislative Committee on Education created pursuant to NRS 218E.605; and

             (4) Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625.

      (c) Include in the report required pursuant to paragraph (b) an analysis and comparison of the results of pupils in this State on the examinations required by this section with:

             (1) The results of pupils throughout this country who participated in the examinations of the National Assessment of Educational Progress; and

             (2) The results of pupils on the achievement and proficiency examinations administered pursuant to this chapter.

      2.  If the report required by subsection 1 indicates that the percentage of pupils enrolled in the public schools in this State who are proficient on the National Assessment of Educational Progress differs by more than 10 percent of the pupils who are proficient on the examinations administered pursuant to NRS 389.550 and the [high school proficiency examination] examinations administered pursuant to NRS [389.015,] 389.805, the Department shall prepare a written report describing the discrepancy. The report must include, without limitation, a comparison and evaluation of:

      (a) The standards of content and performance for English and mathematics established pursuant to NRS 389.520 with the standards for English and mathematics that are tested on the National Assessment.

 


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      (b) The standards for proficiency established for the National Assessment with the standards for proficiency established for the examinations that are administered pursuant to NRS 389.550 and the [high school proficiency examination] examinations administered pursuant to NRS [389.015.] 389.805.

      3.  The report prepared by the Department pursuant to subsection 2 must be submitted to the:

      (a) Governor;

      (b) Legislative Committee on Education;

      (c) Legislative Bureau of Educational Accountability and Program Evaluation; and

      (d) Council to Establish Academic Standards for Public Schools.

      4.  The Council to Establish Academic Standards for Public Schools shall review and evaluate the report provided to the Council pursuant to subsection 3 to identify any discrepancies in the standards of content and performance established by the Council that require revision and a timeline for carrying out the revision, if necessary. The Council shall submit a written report of its review and evaluation to the Legislative Committee on Education and Legislative Bureau of Educational Accountability and Program Evaluation.

      Sec. 24. NRS 389.0173 is hereby amended to read as follows:

      389.0173  1.  The Department shall develop an informational pamphlet concerning the [high school proficiency examination] end-of-course examinations required pursuant to NRS 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act for pupils who are enrolled in junior high, middle school and high school, and their parents and legal guardians. The pamphlet must include a written explanation of the:

      (a) Importance of passing the [examination, including, without limitation, an explanation that if the pupil fails the examination, or does not satisfy the requirements of paragraph (b) of subsection 1 of NRS 389.805, the pupil is not eligible to receive a standard high school diploma;

      (b) Subject areas tested on the examination;

      (c) Format for the examination, including, without limitation, the range of items that are contained on the examination;

      (d) Manner by which the scaled score, as reported to pupils and their parents or legal guardians, is derived from the raw score;

      (e) Timeline by which the results of the examination must be reported to pupils and their parents or legal guardians;

      (f) Maximum number of times that a pupil is allowed to take the examination if the pupil fails to pass the examination after the first administration;

      (g) Courses of study that the Department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the examination and pass the examination; and

      (h) Courses of study which the Department recommends that pupils take in high school to successfully prepare for the college entrance examinations.] end-of-course examinations and the importance of taking the college and career readiness assessment;

      (b) Courses of study for which the end-of-course examinations are administered and the subject areas tested on the college and career readiness assessment;

 


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      (c) Format for the end-of-course examinations and the college and career readiness assessment, including, without limitation, the range of items that are contained on the examinations and the assessment; and

      (d) Maximum number of times, if any, that a pupil is allowed to take the end-of-course examinations if the pupil fails to pass the examinations after the first administration.

      2.  The Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as it considers necessary to ensure that pupils and their parents or legal guardians fully understand the [examination.] end-of-course examinations and the college and career readiness assessment.

      3.  On or before September 1, the Department shall provide a copy of the pamphlet or revised pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils enrolled in a junior high, middle school or high school grade level.

      4.  The board of trustees of each school district shall provide a copy of the pamphlet to each junior high, middle school or high school within the school district for posting. The governing body of each charter school shall ensure that a copy of the pamphlet is posted at the charter school. Each principal of a junior high, middle school, high school or charter school shall ensure that the teachers, counselors and administrators employed at the school fully understand the contents of the pamphlet.

      5.  On or before [January 15,] October 1, the:

      (a) Board of trustees of each school district shall provide a copy of the pamphlet to each pupil who is enrolled in a junior high, middle school or high school of the school district and to the parents or legal guardians of such a pupil.

      (b) Governing body of each charter school shall provide a copy of the pamphlet to each pupil who is enrolled in the charter school at a junior high, middle school or high school grade level and to the parents or legal guardians of such a pupil.

      Sec. 25. NRS 389.550 is hereby amended to read as follows:

      389.550  1.  The State Board shall, in consultation with the Council, prescribe examinations that comply with 20 U.S.C. § 6311(b)(3) and that measure the achievement and proficiency of pupils:

      (a) For grades 3, 4, 5, 6, 7 and 8 in the standards of content established by the Council for the subjects of English and mathematics.

      (b) For grades 5 and 8, in the standards of content established by the Council for the subject of science.

Ê The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.

      2.  In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council, prescribe a writing examination for grades 5 and 8 . [and for the high school proficiency examination.]

      3.  The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board. The examinations must be:

      (a) Administered to pupils in each school district and each charter school at the same time during the spring semester, as prescribed by the State Board.

 


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      (b) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.

      (c) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

      Sec. 26. NRS 389.604 is hereby amended to read as follows:

      389.604  “Irregularity in testing administration” means the failure to administer an examination to pupils pursuant to NRS [389.015 or] 389.550 or 389.805 or the college and career readiness assessment pursuant to section 19 of this act in the manner intended by the person or entity that created the examination [.] or assessment.

      Sec. 27. NRS 389.608 is hereby amended to read as follows:

      389.608  “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination administered to pupils pursuant to NRS [389.015 or] 389.550 [,] or 389.805 or the college and career readiness assessment administered pursuant to section 19 of this act, including, without limitation:

      1.  The failure to comply with security procedures adopted pursuant to NRS 389.616 or 389.620;

      2.  The disclosure of questions or answers to questions on an examination or assessment in a manner not otherwise approved by law; and

      3.  Other breaches in the security or confidentiality of the questions or answers to questions on an examination [.] or assessment.

      Sec. 28. NRS 389.616 is hereby amended to read as follows:

      389.616  1.  The Department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS [389.015 and] 389.550 [.] and 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act.

      2.  A plan adopted pursuant to subsection 1 must include, without limitation:

      (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

      (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

      (c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:

             (1) By category, the employees of the school district, charter school or Department, or any combination thereof, who are responsible for taking the action; and

 


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             (2) Whether the school district, charter school or Department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.

      (d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of NRS 389.636.

      3.  A copy of the plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

      (a) The State Board; and

      (b) The Legislative Committee on Education, created pursuant to NRS 218E.605.

      Sec. 29. NRS 389.620 is hereby amended to read as follows:

      389.620  1.  The board of trustees of each school district shall, for each public school in the district, including, without limitation, charter schools, adopt and enforce a plan setting forth procedures to ensure the security of examinations [.] and assessments.

      2.  A plan adopted pursuant to subsection 1 must include, without limitation:

      (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

      (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

      (c) With respect to secondary schools, procedures pursuant to which the school district or charter school, as appropriate, will verify the identity of pupils taking an examination [.] or assessment.

      (d) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the action that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify, by category, the employees of the school district or charter school who are responsible for taking the action and for ensuring that the action is carried out successfully.

Ê The procedures adopted pursuant to this subsection must be consistent, to the extent applicable, with the procedures adopted by the Department pursuant to NRS 389.616.

      3.  A copy of each plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

      (a) The State Board; and

      (b) The Legislative Committee on Education, created pursuant to NRS 218E.605.

      4.  On or before September 30 of each school year, the board of trustees of each school district and the governing body of each charter school shall provide a written notice regarding the examinations and assessments to all teachers and educational personnel employed by the school district or governing body, all personnel employed by the school district or governing body who are involved in the administration of the examinations [,] and assessments, all pupils who are required to take the examinations or assessments and all parents and legal guardians of such pupils. The written notice must be prepared in a format that is easily understood and must include, without limitation, a description of the:

 


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notice must be prepared in a format that is easily understood and must include, without limitation, a description of the:

      (a) Plan adopted pursuant to this section; and

      (b) Action that may be taken against personnel and pupils for violations of the plan or for other irregularities in testing administration or testing security.

      5.  As used in this section:

      (a) “Assessment” means the college and career readiness assessment administered to pupils enrolled in grade 11 pursuant to section 19 of this act.

      (b) “Examination” means:

             (1) [Achievement and proficiency] The examinations that are administered to pupils pursuant to NRS [389.015 or] 389.550 [;] or 389.805; and

             (2) Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

      [(b)] (c) “Irregularity in testing administration” means the failure to administer an examination or assessment in the manner intended by the person or entity that created the examination [.

      (c)] or assessment.

      (d) “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination [,] or assessment, including, without limitation:

             (1) The failure to comply with security procedures adopted pursuant to this section or NRS 389.616;

             (2) The disclosure of questions or answers to questions on an examination or assessment in a manner not otherwise approved by law; and

             (3) Other breaches in the security or confidentiality of the questions or answers to questions on an examination [.] or assessment.

      Sec. 30. NRS 389.624 is hereby amended to read as follows:

      389.624  1.  If the Department:

      (a) Has reason to believe that a violation of the plan adopted pursuant to NRS 389.616 may have occurred;

      (b) Has reason to believe that a violation of the plan adopted pursuant to NRS 389.620 may have occurred with respect to an examination that is administered pursuant to NRS [389.015 or] 389.550 [;] or 389.805 or the college and career readiness assessment administered pursuant to section 19 of this act; or

      (c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 389.628 to investigate a potential violation of the plan adopted pursuant to NRS 389.620 with respect to an examination that is administered pursuant to NRS [389.015 or] 389.550 [,] or 389.805 or the college and career readiness assessment administered pursuant to section 19 of this act,

Ê the Department shall investigate the matter as it deems appropriate.

      2.  If the Department investigates a matter pursuant to subsection 1, the Department may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects.

 


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      3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the Department may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the Department pursuant to this section; and

      (c) The witness has failed or refused to attend, testify or produce materials before the Department as required by the subpoena, or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend, testify or produce materials before the Department.

      4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials before the Department. A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the subpoena was regularly issued by the Department, the court shall enter an order that the witness appear before the Department at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 31. NRS 389.628 is hereby amended to read as follows:

      389.628  1.  If a school official has reason to believe that a violation of the plan adopted pursuant to NRS 389.620 may have occurred, the school official shall immediately report the incident to the board of trustees of the school district. If the board of trustees of a school district has reason to believe that a violation of the plan adopted pursuant to NRS 389.620 may have occurred, the board of trustees shall:

      (a) If the violation is with respect to an examination administered pursuant to NRS [389.015 or] 389.550 [,] or 389.805 or the college and career readiness assessment administered pursuant to section 19 of this act, immediately report the incident to the Department orally or in writing followed by a comprehensive written report within 14 school days after the incident occurred; and

      (b) Cause to be commenced an investigation of the incident. The board of trustees may carry out the requirements of this paragraph by:

             (1) Investigating the incident as it deems appropriate, including, without limitation, using the powers of subpoena set forth in this section.

             (2) With respect to an examination that is administered pursuant to NRS [389.015 or] 389.550 [,] or 389.805 or the college and career readiness assessment administered pursuant to section 19 of this act, requesting that the Department investigate the incident pursuant to NRS 389.624.

Ê The fact that a board of trustees elects initially to carry out its own investigation pursuant to subparagraph (1) of paragraph (b) does not affect the ability of the board of trustees to request, at any time, that the Department investigate the incident as authorized pursuant to subparagraph (2) of paragraph (b).

      2.  Except as otherwise provided in this subsection, if the board of trustees of a school district proceeds in accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of trustees may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects.

 


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paragraph (b) of subsection 1, the board of trustees may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects. A board of trustees shall not issue a subpoena to compel the attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to NRS 389.620.

      3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the board of trustees may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the board of trustees pursuant to this section; and

      (c) The witness has failed or refused to attend, testify or produce materials before the board of trustees as required by the subpoena, or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend, testify or produce materials before the board of trustees.

      4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials before the board of trustees. A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the subpoena was regularly issued by the board of trustees, the court shall enter an order that the witness appear before the board of trustees at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 32. NRS 389.644 is hereby amended to read as follows:

      389.644  1.  The Department shall establish a program of education and training regarding the administration and security of the examinations administered pursuant to NRS [389.015 and] 389.550 [.] or 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act. Upon approval of the Department, the board of trustees of a school district or the governing body of a charter school may establish an expanded program of education and training that includes additional education and training if the expanded program complies with the program established by the Department.

      2.  The board of trustees of each school district and the governing body of each charter school shall ensure that:

      (a) All the teachers and other educational personnel who provide instruction to pupils enrolled in a grade level that is required to be tested pursuant to NRS [389.015 or] 389.550 [,] or 389.805 or section 19 of this act, and all other personnel who are involved with the administration of the examinations that are administered pursuant to NRS [389.015 or] 389.550 [,] or 389.805 or the college and career readiness assessment administered pursuant to section 19 of this act, receive, on an annual basis, the program of education and training established by the Department or the expanded program, if applicable; and

 


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      (b) The training and education is otherwise available for all personnel who are not required to receive the training and education pursuant to paragraph (a).

      Sec. 33. NRS 389.805 is hereby amended to read as follows:

      389.805  1.  [Except as otherwise provided in subsection 3, a pupil must receive a standard high school diploma if the pupil:

      (a) Passes all subject areas of the high school proficiency examination administered pursuant to NRS 389.015 and otherwise satisfies the requirements for graduation from high school; or

      (b) Has failed to pass the high school proficiency examination administered pursuant to NRS 389.015 in its entirety not less than two times before beginning grade 12 and the pupil:

             (1) Passes the subject areas of mathematics and reading on the proficiency examination;

             (2) Has an overall grade point average of not less than 2.75 on a 4.0 grading scale;

             (3) Satisfies the alternative criteria prescribed by the State Board pursuant to subsection 4; and

             (4) Otherwise satisfies the requirements for graduation from high school.

      2.]  A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma may receive a diploma designated as an adjusted diploma if the pupil satisfies the requirements set forth in his or her individualized education program. As used in this subsection, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      [3.  A pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil may receive a waiver from the requirements of paragraphs (a) and (b) of subsection 1 if, in accordance with the provisions of NRS 392C.010, the school district in which the pupil is enrolled:

      (a) Accepts the results of the exit or end-of-course examinations required for graduation in the local education agency in which the pupil was previously enrolled;

      (b) Accepts the results of a national norm-referenced achievement examination taken by the pupil; or

      (c) Establishes an alternative test for the pupil which demonstrates proficiency in the subject areas tested on the high school proficiency examination, and the pupil successfully passes that test.

      4.]2.  The State Board shall adopt regulations that prescribe the [alternative criteria] :

      (a) Criteria for a pupil to receive a standard high school diploma [pursuant to paragraph (b) of subsection 1, including, without limitation:

      (a) An essay;

      (b) A senior project; or

      (c) A portfolio of work,

Ê or any combination thereof, that demonstrate proficiency in the subject areas on the high school proficiency examination which the pupil failed to pass.] , which must include, without limitation, the requirement that:

             (1) Commencing with the 2014-2015 school year and each school year thereafter, a pupil enrolled in grade 11 take the college and career readiness assessment administered pursuant to section 19 of this act;

 


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             (2) Commencing with the 2014-2015 school year and each school year thereafter, a pupil enroll in the courses of study designed to prepare the pupil for graduation from high school and for readiness for college and career; and

             (3) Commencing with the 2014-2015 school year and each school year thereafter, a pupil pass at least four end-of-course examinations prescribed pursuant to paragraph (b).

      (b) Courses of study in which pupils must pass the end-of-course examinations required by subparagraph (3) of paragraph (a), which must include, without limitation, the subject areas for which the State Board has adopted the common core standards and which may include any other courses of study prescribed by the State Board.

      (c) The maximum number of times, if any, that a pupil is allowed to take the end-of-course examinations if the pupil fails to pass the examinations after the first administration.

      3.  The criteria prescribed by the State Board pursuant to subsection 2 for a pupil to receive a standard high school diploma must not include the results of the pupil on the college and career readiness assessment administered to the pupil in grade 11 pursuant to section 19 of this act.

      4.  If a pupil does not satisfy the requirements prescribed by the State Board to receive a standard high school diploma, the pupil must not be issued a certificate of attendance or any other document indicating that the pupil attended high school but did not satisfy the requirements for such a diploma. The provisions of this subsection do not apply to a pupil who receives an adjusted diploma pursuant to subsection 1.

      Sec. 33.5. NRS 389.810 is hereby amended to read as follows:

      389.810  1.  Notwithstanding any provision of this title to the contrary, a person who:

      (a) Left high school before graduating to serve in the Armed Forces of the United States during:

             (1) World War II and so served at any time between September 16, 1940, and December 31, 1946;

             (2) The Korean War and so served at any time between June 25, 1950, and January 31, 1955; or

             (3) The Vietnam Era and so served at any time between January 1, 1961, and May 7, 1975;

      (b) Was discharged from the Armed Forces of the United States under honorable conditions; and

      (c) As a result of his or her service in the Armed Forces of the United States, did not receive a high school diploma,

Ê shall be deemed to have earned sufficient credits to receive a standard high school diploma.

      2.  A school district may, upon request, issue a standard high school diploma to any person who meets the requirements set forth in subsection 1. A school district may issue a standard high school diploma to such a person even if the person:

      (a) Holds a general educational development credential or [its] an equivalent [;] document; or

      (b) Is deceased, if the family of the veteran requests the issuance of the diploma.

 


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      3.  The State Board and the Office of Veterans Services shall work cooperatively to establish guidelines for identifying and issuing standard high school diplomas to persons pursuant to this section.

      4.  A person to whom a standard high school diploma is issued pursuant to this section shall not be deemed to be a pupil for the purposes of this title.

      Sec. 34. NRS 389.900 is hereby amended to read as follows:

      389.900  If the Department enters into a contract with a person or entity to score the results of an examination that is administered to pupils pursuant to NRS [389.015 or] 389.550 or 389.805 or the college and career readiness assessment administered pursuant to section 19 of this act, and the contract sets forth penalties or sanctions in the event that the person or entity fails to deliver the scored results to a school district or charter school on a timely basis, the Department shall ensure that any such penalties or sanctions are fully enforced.

      Sec. 34.5. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Assessment” means the college and career readiness assessment administered to pupils in grade 11 pursuant to section 19 of this act.

      Sec. 35. NRS 391.166 is hereby amended to read as follows:

      391.166  1.  There is hereby created the Grant Fund for Incentives for Licensed Educational Personnel to be administered by the Department. The Department may accept gifts and grants from any source for deposit in the Grant Fund.

      2.  The board of trustees of each school district shall establish a program of incentive pay for licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level which must be designed to attract and retain those employees. The program must be negotiated pursuant to chapter 288 of NRS and must include, without limitation, the attraction and retention of:

      (a) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in this State or another state and who are employed in schools which are at-risk, as determined by the Department pursuant to subsection 8; and

      (b) Teachers who hold a license or endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the Superintendent of Public Instruction.

      3.  A program of incentive pay established by a school district must specify the type of financial incentives offered to the licensed educational personnel. Money available for the program must not be used to negotiate the salaries of individual employees who participate in the program.

      4.  If the board of trustees of a school district wishes to receive a grant of money from the Grant Fund, the board of trustees shall submit to the Department an application on a form prescribed by the Department. The application must include a description of the program of incentive pay established by the school district.

      5.  The Superintendent of Public Instruction shall compile a list of the financial incentives recommended by each school district that submitted an application. On or before December 1 of each year, the Superintendent shall submit the list to the Interim Finance Committee for its approval of the recommended incentives.

 


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      6.  After approval of the list of incentives by the Interim Finance Committee pursuant to subsection 5 and within the limits of money available in the Grant Fund, the Department shall provide grants of money to each school district that submits an application pursuant to subsection 4 based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program submitted to the Department, the amount of money available must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district that submitted an application.

      7.  An individual employee may not receive as a financial incentive pursuant to a program an amount of money that is more than $3,500 per year.

      8.  The Department shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1 of each year and include, without limitation, the following factors:

      (a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;

      (b) The transiency rate of pupils;

      (c) The percentage of pupils who are limited English proficient;

      (d) The percentage of pupils who have individualized education programs; and

      (e) [The percentage of pupils who score in the bottom two quarters on the mathematics portion or the reading portion, or both, of the high school proficiency examination; and

      (f)] The percentage of pupils who drop out of high school before graduation.

      9.  The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2. On or before December 1 of each year, the board of trustees shall submit a report of its evaluation to the:

      (a) Governor;

      (b) State Board;

      (c) Interim Finance Committee;

      (d) If the report is submitted in an even-numbered year, Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

      (e) Legislative Committee on Education.

      Sec. 36. NRS 391.312 is hereby amended to read as follows:

      391.312  1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

      (a) Inefficiency;

      (b) Immorality;

      (c) Unprofessional conduct;

      (d) Insubordination;

      (e) Neglect of duty;

 


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      (f) Physical or mental incapacity;

      (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

      (h) Conviction of a felony or of a crime involving moral turpitude;

      (i) Inadequate performance;

      (j) Evident unfitness for service;

      (k) Failure to comply with such reasonable requirements as a board may prescribe;

      (l) Failure to show normal improvement and evidence of professional training and growth;

      (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

      (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

      (o) Willful neglect or failure to observe and carry out the requirements of this title;

      (p) Dishonesty;

      (q) Breaches in the security or confidentiality of the questions and answers of the [achievement and proficiency] examinations that are administered pursuant to NRS [389.015;] 389.550 or 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act;

      (r) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 389.616 or 389.620;

      (s) An intentional violation of NRS 388.5265 or 388.527;

      (t) Gross misconduct; or

      (u) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

      2.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

      3.  As used in this section, “gross misconduct” includes any act or omission that is in wanton, willful, reckless or deliberate disregard of the interests of a school or school district or a pupil thereof.

      Sec. 37. NRS 391.330 is hereby amended to read as follows:

      391.330  The State Board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for service.

      3.  Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

      4.  Conviction of a felony or crime involving moral turpitude.

      5.  Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560 in which a pupil enrolled in a school of a county school district was the victim.

 


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      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      7.  Persistent defiance of or refusal to obey the regulations of the State Board, the Commission or the Superintendent of Public Instruction, defining and governing the duties of teachers, administrators and other licensed employees.

      8.  Breaches in the security or confidentiality of the questions and answers of the [achievement and proficiency] examinations that are administered pursuant to NRS [389.015.] 389.550 or 389.805 and the college and career readiness assessment administered pursuant to section 19 of this act.

      9.  Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 389.616 or 389.620.

      10.  An intentional violation of NRS 388.5265 or 388.527.

      Sec. 37.5. NRS 391.600 is hereby amended to read as follows:

      391.600  As used in NRS 391.600 to 391.648, inclusive, unless the context otherwise requires, the words and terms defined in NRS 391.604 to 391.620, inclusive, and section 34.5 of this act have the meanings ascribed to them in those sections.

      Sec. 38. NRS 391.604 is hereby amended to read as follows:

      391.604  “Examination” means:

      1.  [Achievement and proficiency] The examinations that are administered to pupils pursuant to NRS [389.015 or] 389.550 [;] or 389.805; and

      2.  Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

      Sec. 38.3. NRS 391.608 is hereby amended to read as follows:

      391.608  “Irregularity in testing administration” means the failure to administer an examination or assessment in the manner intended by the person or entity that created the examination [.] or assessment.

      Sec. 38.7. NRS 391.612 is hereby amended to read as follows:

      391.612  “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination [,] or assessment, including, without limitation:

      1.  The failure to comply with security procedures adopted pursuant to NRS 389.616 or 389.620;

      2.  The disclosure of questions or answers to questions on an examination or assessment in a manner not otherwise approved by law; and

      3.  Other breaches in the security or confidentiality of the questions or answers to questions on an examination [.] or assessment.

      Sec. 38.9. NRS 392.075 is hereby amended to read as follows:

      392.075  Attendance required by the provisions of NRS 392.040 must be excused if a child has obtained permission to take the [tests of general educational development] high school equivalency assessment pursuant to NRS 385.448.

      Sec. 39. 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.

 


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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.

 

      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.

 


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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 SAT, the ACT, the Preliminary 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. 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.

 


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      Sec. 40. NRS 392A.100 is hereby amended to read as follows:

      392A.100  1.  A university school for profoundly gifted pupils shall determine the eligibility of a pupil for admission to the school based upon a comprehensive assessment of the pupil’s potential for academic and intellectual achievement at the school, including, without limitation, intellectual and academic ability, motivation, emotional maturity and readiness for the environment of an accelerated educational program. The assessment must be conducted by a broad-based committee of professionals in the field of education.

      2.  A person who wishes to apply for admission to a university school for profoundly gifted pupils must:

      (a) Submit to the governing body of the school:

             (1) A completed application;

             (2) Evidence that the applicant possesses advanced intellectual and academic ability, including, without limitation, proof that he or she satisfies the requirements of NRS 392A.030;

             (3) At least three letters of recommendation from teachers or mentors familiar with the academic and intellectual ability of the applicant;

             (4) A transcript from each school previously attended by the applicant; and

             (5) Such other information as may be requested by the university school or governing body of the school.

      (b) If requested by the governing body of the school, participate in an on-campus interview.

      3.  The curriculum developed for pupils in a university school for profoundly gifted pupils must provide exposure to the subject areas required of pupils enrolled in other public schools.

      4.  The Superintendent of Public Instruction shall, upon recommendation of the governing body, issue a high school diploma to a pupil who is enrolled in a university school for profoundly gifted pupils if that pupil [successfully passes the high school proficiency examination] satisfies the criteria prescribed by the State Board pursuant to NRS 389.805 and the courses in American government and American history as required by NRS 389.020 and 389.030, and successfully completes any requirements established by the State Board of Education for graduation from high school.

      5.  On or before March 1 of each odd-numbered year, the governing body of a university school for profoundly gifted pupils shall prepare and submit to the Superintendent of Public Instruction, the president of the university where the university school for profoundly gifted pupils is located, the State Board and the Director of the Legislative Counsel Bureau a report that contains information regarding the school, including, without limitation, the process used by the school to identify and recruit profoundly gifted pupils from diverse backgrounds and with diverse talents, and data assessing the success of the school in meeting the educational needs of its pupils.

      Sec. 41. NRS 392A.110 is hereby amended to read as follows:

      392A.110  1.  At least 70 percent of the teachers employed by a university school for profoundly gifted pupils must be licensed teachers.

      2.  A university school for profoundly gifted pupils shall administer to its pupils the achievement and proficiency examinations required by NRS [389.015 and] 389.550.

 


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      Sec. 41.1. NRS 209.396 is hereby amended to read as follows:

      209.396  1.  Except as otherwise provided in this section, an offender who is illiterate may not be assigned to an industrial or a vocational program unless:

      (a) The offender is regularly attending and making satisfactory progress in a program for general education; or

      (b) The Director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.

      2.  An offender whose:

      (a) Native language is not English;

      (b) Ability to read and write in his or her native language is at or above the level of literacy designated by the Board in its regulations; and

      (c) Ability to read and write the English language is below the level of literacy designated by the Board in its regulations,

Ê may not be assigned to an industrial or a vocational program unless the offender is regularly attending and making satisfactory progress in a course which teaches English as a second language or the Director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.

      3.  Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his or her ability to learn, the Director may:

      (a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his or her particular needs; or

      (b) Exempt the offender from the required participation in an educational program prescribed by this section.

      4.  The provisions of this section do not apply to an offender who presents satisfactory evidence that the offender has a [high] :

      (a) High school diploma ; or [a general]

      (b) General educational development certificate [.] or an equivalent document.

      5.  As used in this section, “illiterate” means having an ability to read and write that is below the level of literacy designated by the Board in its regulations.

      Sec. 41.2. NRS 209.433 is hereby amended to read as follows:

      209.433  1.  Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement, or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed for his or her term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.

      2.  In addition to the credits for good behavior provided for in subsection 1, the Board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

 


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      (a) For earning a general educational development certificate [,] or an equivalent document, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      3.  Each offender is entitled to the deductions allowed by this section if the offender has satisfied the conditions of subsection 1 or 2 as determined by the Director.

      Sec. 41.3. NRS 209.443 is hereby amended to read as follows:

      209.443  1.  Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement, or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:

      (a) For the period the offender is actually incarcerated under sentence; and

      (b) For the period the offender is in residential confinement,

Ê a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.

      2.  The credits earned by an offender must be deducted from the maximum term imposed by the sentence and, except as otherwise provided in subsection 5, must apply to eligibility for parole.

      3.  In addition to the credits for good behavior provided for in subsection 1, the Board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

      (a) For earning a general educational development certificate [,] or an equivalent document, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      4.  Each offender is entitled to the deductions allowed by this section if the offender has satisfied the conditions of subsection 1 or 3 as determined by the Director.

      5.  Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.

      Sec. 41.4. NRS 209.446 is hereby amended to read as follows:

      209.446  1.  Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:

      (a) For the period the offender is actually incarcerated under sentence;

      (b) For the period the offender is in residential confinement; and

      (c) For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,

 


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Ê a deduction of 10 days from the offender’s sentence for each month the offender serves.

      2.  In addition to the credit provided for in subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general educational development certificate [,] or an equivalent document, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      3.  The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.

      4.  The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      5.  The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      6.  Credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.

      Sec. 41.5. NRS 209.4465 is hereby amended to read as follows:

      209.4465  1.  An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:

      (a) For the period the offender is actually incarcerated pursuant to his or her sentence;

      (b) For the period the offender is in residential confinement; and

      (c) For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,

Ê a deduction of 20 days from his or her sentence for each month the offender serves.

      2.  In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general educational development certificate [,] or an equivalent document, 60 days.

      (b) For earning a high school diploma, 90 days.

      (c) For earning his or her first associate degree, 120 days.

 


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      3.  The Director may, in his or her discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.

      4.  The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.

      5.  The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      6.  The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      7.  Except as otherwise provided in subsection 8, credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

      8.  Credits earned pursuant to this section by an offender who has not been convicted of:

      (a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;

      (b) A sexual offense that is punishable as a felony;

      (c) A violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 that is punishable as a felony; or

      (d) A category A or B felony,

Ê apply to eligibility for parole and must be deducted from the minimum term imposed by the sentence until the offender becomes eligible for parole and must be deducted from the maximum term imposed by the sentence.

      Sec. 41.6. NRS 211.330 is hereby amended to read as follows:

      211.330  1.  In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.340, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated shall deduct 5 days from the prisoner’s term of imprisonment for earning a general educational development certificate [,] or [the equivalent thereof,] an equivalent document by successfully completing an educational program for adults conducted jointly by the local detention facility in which the prisoner is incarcerated and the school district in which the facility is located.

      2.  The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.

      Sec. 41.7. NRS 213.315 is hereby amended to read as follows:

      213.315  1.  Except as otherwise provided in this section, an offender who is illiterate is not eligible to participate in a program unless:

      (a) The offender is regularly attending and making satisfactory progress in a program for general education; or

      (b) The Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.

      2.  An offender whose:

 


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      (a) Native language is not English;

      (b) Ability to read and write in his or her native language is at or above the level of literacy designated by the Board of State Prison Commissioners in its regulations; and

      (c) Ability to read and write the English language is below the level of literacy designated by the Board of State Prison Commissioners in its regulations,

Ê may not be assigned to an industrial or a vocational program unless the offender is regularly attending and making satisfactory progress in a course which teaches English as a second language or the Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.

      3.  Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his or her ability to learn, the Director may:

      (a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his or her particular needs; or

      (b) Exempt the offender from the required participation in an educational program prescribed by this section.

      4.  The provisions of this section do not apply to an offender who:

      (a) Presents satisfactory evidence that the offender has [a] :

             (1) A high school diploma ; or [a]

             (2) A general educational development certificate [;] or an equivalent document; or

      (b) Is admitted into a program for the purpose of obtaining additional education in this state.

      5.  As used in this section, “illiterate” means having an ability to read and write that is below the level of literacy designated by the Board of State Prison Commissioners in its regulations.

      Sec. 42. NRS 218E.615 is hereby amended to read as follows:

      218E.615  1.  The Committee may:

      (a) Evaluate, review and comment upon issues related to education within this State, including, but not limited to:

             (1) Programs to enhance accountability in education;

             (2) Legislative measures regarding education;

             (3) The progress made by this State, the school districts and the public schools in this State in satisfying the goals and objectives of the federal No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., and the annual measurable objectives established by the State Board of Education pursuant to NRS 385.361;

             (4) Methods of financing public education;

             (5) The condition of public education in the elementary and secondary schools;

             (6) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

             (7) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and

             (8) Any other matters that, in the determination of the Committee, affect the education of pupils within this State.

      (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.

 


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      (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.

      (d) Make recommendations to the Legislature concerning the manner in which public education may be improved.

      2.  The Committee shall:

      (a) In addition to any standards prescribed by the Department of Education, prescribe standards for the review and evaluation of the reports of the State Board of Education, State Public Charter School Authority, school districts and public schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.

      (b) For the purposes set forth in NRS 385.389, recommend to the Department of Education programs of remedial study for each subject tested on the examinations administered pursuant to NRS [389.015.] 389.550 or 389.805. In recommending these programs of remedial study, the Committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

      (c) Recommend to the Department of Education providers of supplemental educational services for inclusion on the list of approved providers prepared by the Department pursuant to NRS 385.384. In recommending providers, the Committee shall consider providers with a demonstrated record of effectiveness in improving the academic achievement of pupils.

      (d) For the purposes set forth in NRS 385.3785, recommend to the Commission on Educational Excellence created by NRS 385.3784 programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      Sec. 42.2. NRS 432B.595 is hereby amended to read as follows:

      432B.595  1.  If the court retains jurisdiction over a child pursuant to NRS 432B.594, the agency which provides child welfare services shall develop a written plan to assist the child in transitioning to independent living. Such a plan must include, without limitation, the following goals:

      (a) That the child save enough money to pay for his or her monthly expenses for at least 3 months;

      (b) If the child has not graduated from high school or obtained a general equivalency diploma [,] or an equivalent document, that the child remain enrolled in high school or a program to obtain a general equivalency diploma or an equivalent document until graduation or completion of the program;

      (c) If the child has graduated from high school or obtained a general equivalency diploma [,] or an equivalent document, that the child:

             (1) Enroll in a program of postsecondary or vocational education;

             (2) Enroll or participate in a program or activity designed to promote or remove obstacles to employment; or

             (3) Obtain or actively seek employment which is at least 80 hours per month;

      (d) That the child secure housing;

      (e) That the child have adequate income to meet his or her monthly expenses;

      (f) That the child identify an adult who will be available to provide support to the child;

      (g) If applicable, that the child have established appropriate supportive services to address any mental health or developmental needs of the child; and

 


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      (h) If a child is not capable of achieving one or more of the goals set forth in paragraphs (a) to (g), inclusive, that the child have goals which are appropriate for the child based upon the needs of the child.

      2.  During the period in which the court retains jurisdiction over the child, the agency which provides child welfare services shall:

      (a) Monitor the plan developed pursuant to subsection 1 and adjust the plan as necessary;

      (b) Contact the child by telephone at least once each month and in person at least quarterly;

      (c) Ensure that the child meets with a person who will provide guidance to the child and make the child aware of the services which will be available to the child; and

      (d) Conduct a meeting with the child at least 30 days, but not more than 45 days, before the jurisdiction of the court is terminated to determine whether the child requires any additional guidance.

      Sec. 42.4. NRS 630.277 is hereby amended to read as follows:

      630.277  1.  Every person who wishes to practice respiratory care in this State must:

      (a) Have [a] :

             (1) A high school diploma ; or

             (2) A general equivalency diploma [;] or an equivalent document;

      (b) Complete an educational program for respiratory care which has been approved by the Commission on Accreditation of Allied Health Education Programs or its successor organization or the Committee on Accreditation for Respiratory Care or its successor organization;

      (c) Pass the examination as an entry-level or advanced practitioner of respiratory care administered by the National Board for Respiratory Care or its successor organization;

      (d) Be certified by the National Board for Respiratory Care or its successor organization; and

      (e) Be licensed to practice respiratory care by the Board and have paid the required fee for licensure.

      2.  Except as otherwise provided in subsection 3, a person shall not:

      (a) Practice respiratory care; or

      (b) Hold himself or herself out as qualified to practice respiratory care,

Ê in this State without complying with the provisions of subsection 1.

      3.  Any person who has completed the educational requirements set forth in paragraphs (a) and (b) of subsection 1 may practice respiratory care pursuant to a program of practical training as an intern in respiratory care for not more than 12 months after completing those educational requirements.

      Sec. 42.5. NRS 641C.420 is hereby amended to read as follows:

      641C.420  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

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

      (c) Has [a] :

             (1) A high school diploma ; or [a]

             (2) A general equivalency diploma [;] or an equivalent document;

      (d) Pays the fees required pursuant to NRS 641C.470;

      (e) Submits proof to the Board that the person:

 


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             (1) Is enrolled in a program from which he or she will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; or

             (2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; and

      (f) Submits all information required to complete an application for a certificate.

      2.  A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified alcohol and drug abuse counselor intern may, under the supervision of a licensed alcohol and drug abuse counselor or licensed clinical alcohol and drug abuse counselor:

      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 42.6. NRS 652.127 is hereby amended to read as follows:

      652.127  To qualify for certification as an assistant in a medical laboratory, a person must be a high school graduate or have a general equivalency diploma or an equivalent document and:

      1.  Must complete at least 6 months of training approved by the Board and demonstrate an ability to perform laboratory procedures in the medical laboratory where he or she receives the training; or

      2.  Must:

      (a) Complete a course of instruction that qualifies him or her to take an examination for certification in phlebotomy that is administered by:

             (1) The American Medical Technologists;

             (2) The American Society of Clinical Pathologists; or

             (3) The National Certification Agency; and

      (b) Pass an examination specified in paragraph (a).

      Sec. 42.7. NRS 697.173 is hereby amended to read as follows:

      697.173  1.  Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail enforcement agent if the person:

      (a) Is a natural person not less than 21 years of age.

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

      (c) Has [a] :

             (1) A high school diploma [or a] ;

             (2) A general equivalency diploma or an equivalent document; or [has an]

             (3) An equivalent education as determined by the Commissioner.

      (d) Has complied with the requirements of subsection 4 of NRS 697.180.

      (e) Has submitted to the Commissioner the results of an examination conducted by a psychiatrist or psychologist licensed to practice in this state which indicate that the person does not suffer from a psychological condition that would adversely affect the ability of the person to carry out his or her duties as a bail enforcement agent.

 

 


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      (f) Has passed any written examination required by this chapter.

      (g) Submits to the Commissioner the results of a test to detect the presence of a controlled substance in the system of the person that was administered no earlier than 30 days before the date of the application for the license which do not indicate the presence of any controlled substance for which the person does not possess a current and lawful prescription issued in the name of the person.

      (h) Successfully completes the training required by NRS 697.177.

      2.  A person is not entitled to receive, renew or hold a license of a bail enforcement agent if the person:

      (a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or

      (b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

      Sec. 43. NRS 389.015, 389.016, 389.017, 389.0175 and 389.045 are hereby repealed.

      Sec. 43.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $1,500,000 for the costs associated with implementing the end-of-course examinations required by NRS 389.805, as amended by section 33 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made 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 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 44.  1.  The Legislature hereby recognizes that to receive federal money under the Elementary and Secondary Education Act of 1965, 20 U.S.C. §§ 6301 et seq., pupils enrolled in public high schools in this State must be administered an assessment at least one time while in high school based upon the State’s academic and content standards. To continue to receive federal money under the Act, the State Board of Education may, for the purposes set forth in subsection 2, continue to provide for the administration of the high school proficiency examination.

      2.  On or before August 1, 2013, the State Board of Education shall:

      (a) Prescribe the requirements, in addition to any requirements prescribed by statute, that a pupil enrolled in grade 12 in the 2013-2014 school year, the 2014-2015 school year or the 2015-2016 school year must satisfy to receive a standard high school diploma, which may include, without limitation, passage of the high school proficiency examination pursuant to section 44.3 of this act;

      (b) Provide timely notice to the board of trustees of each school district and the governing body of each charter high school of the requirements prescribed pursuant to paragraph (a); and

      (c) Post notice of the requirements on the Internet website maintained by the Department of Education.

      3.  On or before September 1, 2013, the board of trustees of each school district and the governing body of each charter school shall:

 


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      (a) Provide timely notice to each pupil and the parent or legal guardian of each pupil enrolled in grade 10, 11 or 12 in the 2013-2014 school year of the requirements the pupil must satisfy to receive a standard high school diploma.

      (b) Post notice of the requirements on the Internet website maintained by the board of trustees or the governing body of the charter school, as applicable.

      4.  If a pupil to whom the provisions of this section apply is retained in grade 10, 11 or 12, the requirements for receipt of a standard high school diploma prescribed by the State Board of Education pursuant to subsection 2 continue to apply to that pupil until he or she exits high school.

      Sec.44.3.  If the State Board of Education prescribes passage of the high school proficiency examination pursuant to paragraph (a) of subsection 2 of section 44 of this act as a requirement that a pupil must satisfy to receive a standard high school diploma:

      1.  The board of trustees of each school district shall administer the high school proficiency examination to pupils who have not passed the examination and are required to pass the examination to receive a standard high school diploma. The governing body of a charter school that enrolls pupils at the high school grade levels shall administer the same examination to pupils who have not passed the examination and are required to pass the examination to receive a standard high school diploma. The high school proficiency examination administered by the board of trustees and governing body must determine the achievement and proficiency of those pupils in:

      (a) Reading;

      (b) Mathematics;

      (c) Science; and

      (d) Writing.

      2.  The high school proficiency examination required by subsection 1 must be:

      (a) Administered in each school district and each charter school that enrolls pupils at the high school grade levels who have not passed the high school proficiency examination and are required to pass the examination to receive a standard high school diploma at the same time, as prescribed by the State Board, and in accordance with uniform procedures adopted by the State Board. The Department of Education shall monitor the compliance of school districts and individual schools with the uniform procedures.

      (b) Administered in accordance with the plan adopted pursuant to NRS 389.616 by the Department and the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the high school proficiency examination is administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

      (c) Scored by a single private entity that has contracted with the State Board to score the examinations. The private entity that scores the high school proficiency examination shall report the results of the examinations in the form and by the date required by the Department.

      3.  Not more than 14 working days after the results of the examinations are reported to the Department of Education by a private entity that scored the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each applicable charter school.

 


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the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each applicable charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district at which the high school proficiency examination was administered pursuant to this section. Except as otherwise provided in this subsection, not more than 15 working days after each such school receives the results of the examinations, the principal of each such school and the governing body of each such charter school shall certify that the results for each pupil that took the examination have been provided to the parent or legal guardian of the pupil:

      (a) During a conference between the teacher of the pupil or the administrator of the school and the parent or legal guardian of the pupil; or

      (b) By mailing the results of the high school proficiency examination to the last known address of the parent or legal guardian of the pupil.

Ê If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil of each subject area that the pupil failed as soon as practicable but not later than 15 working days after the school receives the results of the examination.

      4.  A pupil who transfers during grade 12 to a school in this State from a school outside of this State because of the military transfer of the parent or legal guardian of the pupil may receive a waiver from the requirements of subsection 4 if, in accordance with the provisions of NRS 392C.010, the school district in which the pupil is enrolled:

      (a) Accepts the results of the exit or end-of-course examinations required for graduation in the local education agency in which the pupil was previously enrolled;

      (b) Accepts the results of a national norm-referenced achievement examination taken by the pupil; or

      (c) Establishes an alternative test for the pupil which demonstrates proficiency in the subject areas tested on the high school proficiency examination, and the pupil successfully passes that test.

      5.  For the purposes of this section, the State Board shall prescribe the high school proficiency examination, which must include the subjects of reading, mathematics and science and, except for the writing portion, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The State Board, in consultation with the Council to Establish Academic Standards for Public Schools created by NRS 389.510, shall prescribe the writing portion of the high school proficiency examination. The questions contained in the high school proficiency examination and the approved answers used for grading them are confidential, and disclosure is unlawful except:

      (a) To the extent necessary for administering and evaluating the high school proficiency examination.

      (b) That a disclosure may be made to a:

             (1) State officer who is a member of the Executive or Legislative Branch of State Government, to the extent that it is necessary for the performance of his or her duties;

             (2) Superintendent of schools of a school district, to the extent that it is necessary for the performance of his or her duties;

 


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             (3) Director of curriculum of a school district, to the extent that it is necessary for the performance of his or her duties; and

             (4) Director of testing of a school district, to the extent that it is necessary for the performance of his or her duties.

      (c) That specific questions and answers may be disclosed if the Superintendent of Public Instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

      (d) As required pursuant to NRS 239.0115.

      6.  The administrative regulations adopted by the State Board of Education for purposes of carrying out NRS 389.015 as of June 30, 2013, continue in effect if the high school proficiency examination is administered pursuant to this section.

      Sec.44.7.  If the State Board of Education prescribes passage of the high school proficiency examination pursuant to paragraph (a) of subsection 2 of section 44 of this act as a requirement that a pupil must satisfy to receive a standard high school diploma:

      1.  The results of the high school proficiency examination administered pursuant to section 44.3 of this act must be reported for the applicable school year for each school, including, without limitation, each charter school that enrolls pupils at the high school grade levels who have not passed the high school proficiency examination and are required to pass the examination to receive a standard high school diploma, each school district and this State, as follows:

      (a) The average score, as defined by the Department, of such pupils who took the high school proficiency examination under regular testing conditions; and

      (b) The average score, as defined by the Department of Education, of such pupils who took the high school proficiency examination with modifications or accommodations, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

      2.  The superintendent of schools of each school district and the governing body of each charter school that enrolls pupils at the high school grade levels who have not passed the high school proficiency examination and are required to pass the examination to receive a standard high school diploma, through the sponsor of the charter school, shall certify that the number of pupils who have not passed the high school proficiency examination and are required to pass the examination to receive a standard high school diploma and who took the high school proficiency examination in the applicable school year is equal to the number of such pupils in each school in the school district or in the charter school who are required to take the high school proficiency examination in that school year.

      3.  In addition to the information required by subsection 2, the Superintendent of Public Instruction shall, for each applicable school year:

      (a) Report the number of pupils who have not passed the high school proficiency examination and are required to pass the examination to receive a standard high school diploma and who were absent from school on the day that the high school proficiency examination was administered; and

      (b) Reconcile the number of pupils who have not passed the high school proficiency examination and are required to pass the examination to receive a standard high school diploma with the number of such pupils who were absent from school on the day that the examination was administered.

 


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      Sec. 45.  1.  This section and sections 43.5 to 44.7, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 43, inclusive, of this act become effective on July 1, 2013.

________

CHAPTER 507, AB 335

Assembly Bill No. 335–Assemblywoman Kirkpatrick

 

CHAPTER 507

 

[Approved: June 11, 2013]

 

AN ACT relating to public improvements; creating and providing for the dissolution of the University of Nevada, Las Vegas, Campus Improvement Authority; providing for the appointment of a Board of Directors thereof and prescribing the powers and duties of the Authority and the Board; providing for the Board to study the feasibility of and the financing alternatives for a large events center and certain other public improvements; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill sets forth the University of Nevada, Las Vegas, Campus Improvement Authority Law. Section 16 of this bill creates the Authority as a political subdivision of this State whose boundaries are the same as the boundaries of the Authority area described in section 4.5 of this bill, which consists essentially of property that is owned or leased by the Nevada System of Higher Education and that is a part of or in the vicinity of the University of Nevada, Las Vegas, campus. Sections 17 and 18 of this bill set forth the qualifications and the procedure for the appointment of the members of the Board of Directors of the Authority.

      Section 23 of this bill prescribes the general powers of the Board of Directors of the Authority. Those powers include the authority to enter into contracts and other agreements necessary to conduct the business of the Authority, except that such contracts and agreements may not include contracts or agreements relating to the construction, acquisition, lease, lease-purchase, gift, equipment, maintenance, insurance, operation, management, promotion or advertising of any undertaking or any part thereof. Section 24.5 of this bill prescribes the duties of the Board of Directors of the Authority. Those duties include studying the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements in the Authority area. The Board of Directors must also prepare a report of the results of the study of the Board, including any recommendations for legislation, for transmittal to the 78th Session of the Nevada Legislature. Section 24.7 of this bill authorizes the University of Nevada, Las Vegas to use not more than 2 percent of any money received from the issuance of certain bonds by the Board of Regents of the University of Nevada to provide money to the Authority to carry out the provisions of the University of Nevada, Las Vegas, Campus Improvement Authority Law.

      Section 40 of this bill will cause this bill to expire by limitation on August 31, 2013, if the Board of Regents of the University of Nevada does not make its appointments to the membership of the Board of Directors of the Authority on or before that date. Otherwise, this bill will expire by limitation on October 1, 2015.

      Pursuant to section 35 of this bill, the assets of the Authority, to the extent that such assets are not needed to satisfy any outstanding obligations of the Authority, become the property of the Nevada System of Higher Education upon the dissolution of the Authority.

 


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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.  This act may be known and cited as the University of Nevada, Las Vegas, Campus Improvement Authority Law.

      Sec. 2.  The Legislature hereby finds and declares that:

      1.  The provisions of this act are necessary to carry out the following public purposes:

      (a) Considering facilities located in the Authority area that may assist in alleviating the effect of the recent economic downturn on the largest tourism market in this State.

      (b) Studying the need for and feasibility of a large events center in the Authority area to:

             (1) Attract and retain large sports and entertainment events in the largest tourism market in this State;

             (2) Assist the Las Vegas area in its continuing competition to remain a premier center for entertainment in the world; and

             (3) Benefit the University of Nevada, Las Vegas, and the University community by providing a large events center for use by the University and others at a location that is convenient for the University community.

      (c) Studying the need for and feasibility of new development of space on the campus of the University of Nevada, Las Vegas, to enhance campus living, increase the quantity and quality of residences available on the campus, and to further develop other nonclassroom improvements and activities on the campus.

      (d) Providing synergy and cost savings to carry out the purposes described in paragraphs (a), (b) and (c) by taking action on those purposes through a single, coordinated approach.

      2.  A general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities set forth in this act because of the great variety of atypical factors and special conditions relating thereto.

      3.  The powers, rights, privileges, immunities, liabilities, duties and disabilities set forth in this act comply in all respects with any requirement or limitation pertaining thereto and imposed by any constitutional provision.

      Sec. 3.  Except as otherwise provided in this act or unless the context otherwise requires, the terms used or referred to in this act have the meanings ascribed to them in the Local Government Securities Law, but the definitions set forth in sections 4 to 15, inclusive, of this act, unless the context otherwise requires, govern the construction of this act.

      Sec. 4.  “Authority” means the University of Nevada, Las Vegas, Campus Improvement Authority.

      Sec. 4.5.  “Authority area” means the area that consists of:

      1.  All of the property within the area bounded by Maryland Parkway, Tropicana Avenue, Swenson Street and Flamingo Avenue in Clark County which is either:

      (a) Owned by the System or a related entity on the effective date of this act; or

 


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      (b) Being leased to the System or a related entity on the effective date of this act under a lease with a term of at least 20 years remaining after the effective date of this act;

      2.  All other parcels of property that are administered by the University or constitute a part of the campus of the University which are:

      (a) Contiguous, except for any public or utility rights-of-way, to the property described in subsection 1; and

      (b) Either:

             (1) Owned by the System or a related entity on the effective date of this act; or

             (2) Being leased to the System or a related entity on the effective date of this act under a lease with a term of at least 20 years remaining after the effective date of this act; and

      3.  Any public or utility rights-of-way located within or immediately adjacent to any of the property described in subsections 1 and 2.

      Sec. 5.  “Board of Directors” means the Board of Directors of the Authority.

      Sec. 6.  “Board of Regents” means the Board of Regents of the University of Nevada.

      Sec. 7.  “County” means Clark County, Nevada.

      Secs. 8 and 9. (Deleted by amendment.)

      Sec. 10.  “Related entity” means:

      1.  The Board of Regents;

      2.  The University;

      3.  Any university foundation, as defined in NRS 396.405, which is organized and operated primarily for the purpose of fundraising in support of the University; and

      4.  Any nonprofit corporation formed pursuant to NRS 396.801.

      Sec. 11.  “System” means the Nevada System of Higher Education.

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

      Sec. 14.  “Undertaking” means any enterprise to acquire, construct, improve, equip, operate or maintain, or any combination thereof, a large events center that serves to carry out the purposes described in paragraph (b) of subsection 1 of section 2 of this act and such other projects, improvements or facilities deemed by the Authority to be necessary or desirable to the development or redevelopment of the Authority area, and which are located in or serve property in the Authority area, and all necessary or desirable appurtenances or incidentals thereof, which enterprise is authorized under the terms of any lease, ground lease or management agreement between the Authority and the System that relates to all or any portion of the location of the enterprise.

      Sec. 15.  “University” means the University of Nevada, Las Vegas.

      Sec. 16.  1.  The University of Nevada, Las Vegas, Campus Improvement Authority is hereby created.

      2.  The Authority constitutes:

      (a) A body corporate and politic; and

      (b) A political subdivision of this State, the boundaries of which are conterminous with the boundaries of the Authority area.

      Sec. 17.  1.  The Authority must be governed by a Board of Directors consisting of 11 members to be appointed as follows:

      (a) Four members must be appointed by the Board of Regents. One of these members must be either a member of the Board of Regents or an officer of the University and the remainder must be members of the Board of Regents.

 


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      (b) One member must be appointed by the Governor.

      (c) One member must be appointed by the Majority Leader of the Senate.

      (d) One member must be appointed by the Speaker of the Assembly.

      (e) One member must be appointed by the Board of County Commissioners of the County and must be either a member of the Board of County Commissioners or an officer of the County.

      (f) One member must be appointed by the County Fair and Recreation Board of the County and must be a member of the County Fair and Recreation Board who is not also a member of the Board of County Commissioners of the County.

      (g) Two members must be appointed by the members appointed pursuant to paragraphs (a) to (f), inclusive, from a list of nominees prepared by the County Fair and Recreation Board of the County. Each of these members must be employed in an executive position in the County by a business in the tourism, hotel and gaming industry. If the members appointed pursuant to paragraphs (a) to (f), inclusive, find the nominees on a list submitted pursuant to this paragraph unacceptable, they shall request a new list of nominees from the County Fair and Recreation Board, and the Board shall prepare such a list.

      2.  A vacancy in the Board of Directors occurs when a member:

      (a) Dies or resigns;

      (b) Is removed, with or without cause, by the person or entity who appointed that member; or

      (c) Except as otherwise provided in subsection 3, ceases to be qualified for appointment as a member pursuant to the pertinent provisions of paragraph (a), (e), (f) or (g) of subsection 1.

      3.  A vacancy in the Board of Directors must be filled for the remainder of the unexpired term in the same manner as the original appointment pursuant to subsection 1, except that, notwithstanding any provision of this section to the contrary, a member appointed pursuant to paragraph (g) of subsection 1 whose position becomes vacant as the result of his or her cessation of employment in an executive position in the County by a business in the tourism, hotel and gaming industry may be reappointed to serve the remainder of his or her unexpired term.

      4.  No member of the Board of Directors may receive any compensation for serving as a member or officer of the Board or as an employee of the Board or the Authority.

      5.  The members of the Board of Directors constitute public officers for the purposes of chapter 281A of NRS.

      Sec. 18.  1.  On or before August 31, 2013, the Board of Regents may appoint four of the members of the Board of Directors pursuant to paragraph (a) of subsection 1 of section 17 of this act to terms that commence on October 1, 2013, and expire on September 30, 2015. The provisions of this subsection do not require the Board of Regents to make the appointments authorized by this subsection. Any determination by the Board of Regents to make those appointments is in the sole discretion of the Board of Regents.

      2.  If the Board of Regents makes the appointments authorized by subsection 1:

 


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      (a) The Governor shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (b) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, 2015;

      (b) The Majority Leader of the Senate shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (c) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, 2015;

      (c) The Speaker of the Assembly shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (d) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, 2015;

      (d) The Board of County Commissioners of the County shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (e) of subsection 1 of section 17 of this act to an initial term that commences on October 1, 2013, and expires on September 30, 2015; and

      (e) The County Fair and Recreation Board of the County shall, on or before September 30, 2013:

             (1) Appoint the member of the Board of Directors pursuant to paragraph (f) of subsection 1 of section 17 of this act to an initial term that commences on October 1, 2013, and expires on September 30, 2015; and

             (2) Prepare a list of not less than two nominees to be appointed pursuant to paragraph (g) of subsection 1 of section 17 of this act and submit the list to the members of the Board of Directors appointed pursuant to subsection 1 and paragraphs (a) to (d), inclusive, of subsection 2.

      3.  The members of the Board of Directors appointed pursuant to subsection 1 and paragraphs (a) to (e), inclusive, of subsection 2 shall, on or before October 31, 2013, appoint two of the members of the Board of Directors pursuant to paragraph (g) of subsection 1 of section 17 of this act to an initial term that expires on September 30, 2015.

      Sec. 19.  1.  The Board of Directors shall hold an organizational meeting during October of 2013. At that meeting:

      (a) The members of the Board appointed pursuant to paragraphs (a) to (f), inclusive, of subsection 1 of section 17 of this act shall appoint any other members required to be appointed by those members; and

      (b) After the provisions of paragraph (a) have been carried out, the Board shall appoint:

             (1) One of its members as Chair;

             (2) One of its members as Vice Chair; and

             (3) A Secretary and a Treasurer, who may be members of the Board and may be one person.

      2.  The Vice Chair of the Board of Directors shall serve as Chair when the position of Chair is vacant or when the Chair is absent from any meeting.

      3.  The Board of Directors shall meet regularly in the Authority area at such times and places as it designates. Special meetings may be held at the call of the Chair, upon notice to each member of the Board, as often as the needs of the Board require.

      4.  Except as otherwise provided in subsection 5 of NRS 281A.420:

      (a) Eight of the members of the Board of Directors constitute a quorum at any meeting of the Board.

 


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      (b) The Board of Directors may take action only by a motion or resolution adopted with the approval of at least eight members of the Board.

      5.  The Board of Directors constitutes a public body for the purposes of chapter 241 of NRS.

      Sec. 20.  1.  The Secretary of the Board of Directors shall keep:

      (a) Audio recordings or transcripts of all meetings of the Board;

      (b) Minutes of all the meetings of the Board;

      (c) A record of all the proceedings and actions of the Board;

      (d) Any certificates issued or received by the Board;

      (e) Any contracts made by the Board; and

      (f) Any bonds required by the Board from its employees.

Ê Except as otherwise provided in NRS 241.035, the records and information required by this subsection must be open to inspection by any interested person at any reasonable time and place.

      2.  The Treasurer of the Board of Directors shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board.

      Sec. 21. (Deleted by amendment.)

      Sec. 22.  The Board of Directors may adopt, and from time to time amend or repeal, as it determines to be necessary or desirable, appropriate bylaws, rules and regulations, not inconsistent with the provisions of this act, for carrying on the business and affairs of the Board of Directors and the Authority.

      Sec. 23.  1.  The Board of Directors, on behalf of the Authority, may:

      (a) Enter into any contracts and other agreements with any person or other entity that the Board determines to be necessary or desirable to conduct the business of the Authority.

      (b) Sue and be sued.

      2.  The contracts and other agreements authorized by subsection 1:

      (a) May not include contracts or other agreements relating to the construction, acquisition, lease, lease-purchase, gift, equipment, maintenance, insurance, operation, management, promotion or advertising of any undertaking or any part thereof; and

      (b) Are subject to the limitations of subsection 1 of NRS 354.626.

      3.  Except as otherwise provided in paragraph (b) of subsection 2, the Authority is not subject to the provisions of NRS 354.470 to 354,626, inclusive, the Local Government Budget and Finance Act.

      Sec. 24.  The Authority shall not own any land or improvements to any land.

      Sec. 24.5.  The Board of Directors:

      1.  Shall study the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements in the Authority area.

      2.  Upon determination pursuant to subsection 1 that a large events center is needed and feasible, the Board may develop recommendations for such a large events center including, without limitation, the type and general design of the center and the approximate seats to be included in the center. To the extent money is available for this purpose, the Board may also calculate a preliminary cost for construction of such a center and other required infrastructure and supporting improvements, basing such a calculation on the use of the State Public Works Board as the building official having jurisdiction over the project.

 


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      3.  May study the need for, feasibility of and financing alternatives for any other undertaking.

      4.  Shall prepare a report which provides the results, conclusions and recommendations of its study or studies conducted pursuant to subsections 1 and 2. The report must be submitted to the Director of the Legislative Counsel Bureau by September 30, 2014, for transmittal to and consideration by the 78th Session of the Nevada Legislature. The report may include recommendations for legislation to carry out the recommendations of the Board.

      5.  May, if so provided in an agreement with the System, assist the System in planning and designing any improvements to the Thomas and Mack Center that are financed:

      (a) Wholly or in part with state general obligation bonds payable from the tax on slot machines imposed by NRS 463.385; and

      (b) Before the dissolution of the Authority.

      6.  May accept gifts, grants and other contributions from any source, including, without limitation, the Federal Government, the State and any local government for the purposes of carrying out the provisions of this section and defraying the expenses of the Board. If so provided in an agreement between the Authority and the System, contributions pursuant to this subsection may be made through a university foundation which is organized to support the University pursuant to NRS 396.405.

      Sec. 24.7.  Notwithstanding the provisions of section 2 of Assembly Bill No. 501 of this session, the University of Nevada, Las Vegas is authorized to use not more than 2 percent of any money received by the University from bonds issued by the Board of Regents of the University of Nevada pursuant to section 2 of Assembly Bill No. 501 of this session to provide money to the Authority for the purpose of carrying out the provisions of this act.

      Secs. 25-34. (Deleted by amendment.)

      Sec. 35.  1.  Except as otherwise provided in subsection 2, the Board of Directors shall wind up the affairs of the Authority and dissolve the Authority on September 30, 2015.

      2.  The Board of Directors may, by an affirmative vote of at least eight members, wind up the affairs of the Authority and dissolve the Authority before September 30, 2015, if the Authority has no outstanding obligations as of the date of dissolution.

      3.  Upon the dissolution of the Authority:

      (a) All money and other assets of the Authority, to the extent such money and other assets are not needed to satisfy outstanding obligations of the Authority, become the property of the System.

      (b) All obligations of the Authority that cannot be satisfied with the money and other assets of the Authority on the date of its dissolution are void as of the date of dissolution and are not liabilities of the System or this State.

      Sec. 36.  The provisions of this act do not:

      1.  Require the Board of Regents of the University of Nevada to enter into any agreement with the Authority or take any other action.

      2.  Limit the conditions or other provisions which the Board of Regents of the University of Nevada may, in its sole discretion, determine to include in any agreement with the Authority.

      Secs. 37 and 38. (Deleted by amendment.)

 


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      Sec. 39.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are hereby declared to be severable.

      Sec. 40.  1.  This act becomes effective upon passage and approval.

      2.  Except as otherwise provided in subsection 3, this act expires by limitation on October 1, 2015.

      3.  This act expires by limitation on August 31, 2013, unless, on or before that date, the Board of Regents of the University of Nevada makes the appointments authorized by subsection 1 of section 18 of this act.

________

CHAPTER 508, AB 360

Assembly Bill No. 360–Assemblymen Horne, Healey; Bobzien and Kirkpatrick

 

CHAPTER 508

 

[Approved: June 11, 2013]

 

AN ACT relating to gaming; revising provisions governing interactive gaming; revising provisions governing the registration of persons who hold an ownership interest in certain entities which hold a gaming license; revising provisions relating to the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems; revising provisions relating to the regulation of independent testing laboratories; providing for an interim study of certain issues concerning the impact of technology upon the regulation of gaming and upon the distinction between restricted and nonrestricted gaming licensees; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that the Nevada Gaming Commission may, upon the recommendation of the State Gaming Control Board, adopt regulations allowing promotional schemes to be conducted by licensed operators of interactive gaming in direct association with a licensed interactive gaming activity, contest or tournament that includes a raffle, drawing or other similar game of chance.

      Under existing law, the Commission and the Board are required to administer state gaming licenses and manufacturer’s, seller’s and distributor’s licenses, and to perform various acts relating to the regulation and control of gaming. (NRS 463.140) Sections 2-5 of this bill revise the definitions of the terms “cashless wagering system,” “gaming employee,” “gross revenue” and “wagering credit” for the purposes of the statutory provisions governing the licensing and control of gaming. Section 14.5 of this bill repeals a provision contained in section 3 of Senate Bill No. 9 of this session that also revised the definition of the term “gross revenue.”

      Existing law requires audits of the financial statements of all nonrestricted licensees whose annual gross revenue is $5,000,000 or more, and requires the amount of annual gross revenue to be increased or decreased annually in an amount determined by the Commission and corresponding to the Consumer Price Index. (NRS 463.159) Section 6 of this bill requires the Board to make such a determination.

 


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      Existing law also requires a limited partner holding a 5 percent or less ownership interest in a limited partnership or a member holding a 5 percent or less ownership interest in a limited-liability company, who holds or applies for a state gaming license, to register with the Board and submit to the Board’s jurisdiction within 30 days after the person acquires a 5 percent or less ownership interest. (NRS 463.569, 463.5735) Sections 7 and 8 of this bill remove the requirement to register with the Board after acquiring such an ownership interest, and instead require a person to register upon seeking to hold a 5 percent or less ownership interest.

      Existing law requires the Commission to adopt regulations providing for the registration of independent testing laboratories, which may be utilized by the Board to inspect and certify gaming devices, equipment and systems, and any components thereof, and providing for the standards and procedures for the revocation of the registration of such independent testing laboratories. (NRS 463.670) Section 9 of this bill: (1) extends the requirement of registration to additional persons that own, operate or have significant involvement with an independent testing laboratory; (2) provides that a person who is registered pursuant to section 9 is subject to the same investigatory and disciplinary procedures as all other gaming licensees; and (3) authorizes the Commission to require a registered independent testing laboratory and certain persons associated with a registered independent testing laboratory to file an application for a finding of suitability.

      Assembly Bill No. 114 of this session, which was enacted by the Legislature and approved by the Governor and which became effective on February 21, 2013: (1) required the Commission, by regulation, to authorize the Governor, on behalf of the State of Nevada, to enter into agreements with other states, or authorized agencies thereof, to enable patrons in the signatory states to participate in interactive gaming; (2) required the regulations adopted by the Commission to be adopted in accordance with the Nevada Administrative Procedure Act; and (3) required the regulations to set forth provisions for any potential arrangements to share revenue. Sections 11 and 12 of this bill amend the provisions of Assembly Bill No. 114 to: (1) allow agreements for interactive agreements to be made with governmental units of other nations, states or local bodies exercising governmental functions; (2) provide that the regulations adopted by the Commission are not required to be adopted in accordance with the Nevada Administrative Procedure Act; and (3) authorize the Commission to include specific requirements for the agreements entered into by the State of Nevada and another government.

      Senate Bill No. 416 of this session enacted certain requirements for the issuance of restricted licenses for certain businesses, which were to become effective on July 1, 2013. Sections 13 and 14 of this bill change the effective date of those provisions to January 1, 2014.

      Section 15 of this bill requires the Legislative Commission to create a committee to conduct an interim study concerning the impact of technology upon the regulation of gaming and upon the distinction between restricted and nonrestricted gaming licensees.

 

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 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Commission may, upon the recommendation of the Board, adopt regulations that allow promotional schemes to be conducted by licensed operators of interactive gaming in direct association with a licensed interactive gaming activity, contest or tournament that includes a raffle, drawing or other similar game of chance.

 


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      Sec. 2. NRS 463.014 is hereby amended to read as follows:

      463.014  “Cashless wagering system” means a method of wagering and accounting:

      1.  In which the validity and value of a wagering instrument or wagering credits are determined, monitored and retained by a computer operated and maintained by a licensee which maintains a record of each transaction involving the wagering instrument or wagering credits, exclusive of the game or gaming device on which wagers are being made. The term includes computerized systems which facilitate electronic transfers of money directly to or from a game or gaming device; or

      2.  Used in a race book or sports pool in which the validity and value of a wagering instrument or wagering credits are determined, monitored and retained on a computer that maintains a record of each transaction involving the wagering instrument or wagering credits and is operated and maintained by a licensee.

      Sec. 3. NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxpersons;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;

      (i) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, cashless wagering systems, mobile gaming systems, equipment associated with mobile gaming systems, interactive gaming systems or equipment associated with interactive gaming;

      (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      (k) Employees of operators of inter-casino linked systems, mobile gaming systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

      (l) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;

      (m) Employees who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

 


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licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

      (n) Floorpersons;

      (o) Hosts or other persons empowered to extend credit or complimentary services;

      (p) Keno runners;

      (q) Keno writers;

      (r) Machine mechanics;

      (s) Odds makers and line setters;

      (t) Security personnel;

      (u) Shift or pit bosses;

      (v) Shills;

      (w) Supervisors or managers;

      (x) Ticket writers;

      (y) Employees of a person required by NRS 463.160 to be licensed to operate an information service; [and]

      (z) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto; and

      (aa) Temporary or contract employees hired by a licensee to perform a function related to gaming.

      2.  “Gaming employee” does not include barbacks [,] or bartenders [,] whose duties do not involve gaming activities, cocktail servers or other persons engaged exclusively in preparing or serving food or beverages.

      3.  As used in this section, “local access” means access to hardware or software from within a licensed gaming establishment, hosting center or elsewhere within this State.

      Sec. 4. NRS 463.0161 is hereby amended to read as follows:

      463.0161  1.  “Gross revenue” means the total of all:

      (a) Cash received as winnings;

      (b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

      (c) Compensation received for conducting any game , or any contest or tournament in conjunction with interactive gaming, in which the licensee is not party to a wager,

Ê less the total of all cash paid out as losses to patrons, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses, except that losses in a contest or tournament conducted in conjunction with an inter-casino linked system may be deducted to the extent of the compensation received for the right to participate in that contest or tournament.

      2.  The term does not include:

      (a) Counterfeit facsimiles of money, chips, tokens, wagering instruments or wagering credits;

      (b) Coins of other countries which are received in gaming devices;

      (c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;

      (d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;

 


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      (e) Cash received as entry fees for contests or tournaments in which patrons compete for prizes, except for a contest or tournament conducted in conjunction with an inter-casino linked system;

      (f) Uncollected baccarat commissions; or

      (g) Cash provided by the licensee to a patron and subsequently won by the licensee, for which the licensee can demonstrate that it or its affiliate has not been reimbursed.

      3.  As used in this section, “baccarat commission” means:

      (a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or

      (b) A rate or fee charged by a licensee for the right to participate in a baccarat game.

      Sec. 5. NRS 463.01963 is hereby amended to read as follows:

      463.01963  “Wagering credit” means a representative of value, other than a chip, token or wagering instrument, that is used for wagering at a game , [or] gaming device , race book or sports pool and is obtained by the payment of cash or a cash equivalent, the use of a wagering instrument or the electronic transfer of money.

      Sec. 6. NRS 463.159 is hereby amended to read as follows:

      463.159  1.  The Commission shall by regulation require audits of the financial statements of all nonrestricted licensees whose annual gross revenue is $5,000,000 or more.

      2.  The Commission may require audits, compiled statements or reviews of the financial statements of nonrestricted licensees whose annual gross revenue is less than $5,000,000.

      3.  The amounts of annual gross revenue provided for in subsections 1 and 2 must be increased or decreased annually in an amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding year. On or before December 15 of each year, the [Commission] Board shall determine the amount of the increase or decrease required by this subsection and establish the adjusted amounts of annual gross revenue in effect for the succeeding calendar year. The audits, compilations and reviews provided for in subsections 1 and 2 must be made by independent accountants holding permits to practice public accounting in the State of Nevada.

      4.  Except as otherwise provided in subsection 5, for every audit required pursuant to this section:

      (a) The independent accountants shall submit an audit report which must express an unqualified or qualified opinion or, if appropriate, disclaim an opinion on the statements taken as a whole in accordance with standards for the accounting profession established by rules and regulations of the Nevada State Board of Accountancy, but the preparation of statements without audit does not constitute compliance.

      (b) The examination and audit must disclose whether the accounts, records and control procedures maintained by the licensee are as required by the regulations published by the Commission pursuant to NRS 463.156 to 463.1592, inclusive.

      5.  If the license of a nonrestricted licensee is terminated within 3 months after the end of a period covered by an audit, the licensee may submit compiled statements in lieu of an additional audited statement for the licensee’s final period of business.

 


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      Sec. 7. NRS 463.569 is hereby amended to read as follows:

      463.569  1.  Every general partner of, and every limited partner with more than a 5 percent ownership interest in, a limited partnership which holds a state gaming license must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the Commission, the public interest will be served by requiring any other limited partners or any or all of the limited partnership’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the limited partnership shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the Commission requires the licensing. Publicly traded corporations which are limited partners of limited partnerships are not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive. A person who is required to be licensed by this section as a general or limited partner shall not receive that position until the person secures the required approval of the Commission. A person who is required to be licensed pursuant to a decision of the Commission shall apply for a license within 30 days after the Commission requests the person to do so.

      2.  All limited partners [holding] seeking to hold a 5 percent or less ownership interest in a limited partnership, other than a publicly traded limited partnership, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion. [A person who is required to be registered by this section shall apply for registration within 30 days after the person becomes a limited partner holding a 5 percent or less ownership interest in a limited partnership.]

      3.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

      Sec. 8. NRS 463.5735 is hereby amended to read as follows:

      463.5735  1.  Every member and transferee of a member’s interest with more than a 5 percent ownership interest in a limited-liability company, and every director and manager of a limited-liability company which holds or applies for a state gaming license, must be licensed individually according to the provisions of this chapter.

      2.  All members [holding] seeking to hold a 5 percent or less ownership interest in a limited-liability company, other than a publicly traded limited-liability company, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion. [A person who is required to be registered by this section shall apply for registration within 30 days after the person becomes a member holding a 5 percent or less ownership interest in a limited-liability company.]

      3.  If, in the judgment of the Commission, the public interest will be served by requiring any members with a 5 percent or less ownership interest in a limited-liability company, or any of the limited-liability company’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed:

 


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ê2013 Statutes of Nevada, Page 3312 (Chapter 508, AB 360)ê

 

      (a) The limited-liability company shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the Commission requires the licensing; and

      (b) Those persons shall apply for a license within 30 days after being requested to do so by the Commission.

      4.  A publicly traded corporation which is a member of a limited-liability company is not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive.

      5.  No person may become a member or a transferee of a member’s interest in a limited-liability company which holds a license until the person secures the required approval of the Commission.

      6.  A director or manager of a limited-liability company shall apply for a license within 30 days after assuming office.

      7.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

      Sec. 9. NRS 463.670 is hereby amended to read as follows:

      463.670  1.  The Legislature finds and declares as facts:

      (a) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems is essential to carry out the provisions of this chapter.

      (b) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.

      (c) That the interest of this State in the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems must be balanced with the interest of this State in maintaining a competitive gaming industry in which games can be efficiently and expeditiously brought to the market.

      2.  The Commission may, with the advice and assistance of the Board, adopt and implement procedures that preserve and enhance the necessary balance between the regulatory and economic interests of this State which are critical to the vitality of the gaming industry of this State.

      3.  The Board may inspect every game or gaming device which is manufactured, sold or distributed:

      (a) For use in this State, before the game or gaming device is put into play.

      (b) In this State for use outside this State, before the gaming device is shipped out of this State.

      4.  The Board may inspect every game or gaming device which is offered for play within this State by a state gaming licensee.

      5.  The Board may inspect all associated equipment, every cashless wagering system, every inter-casino linked system, every mobile gaming system and every interactive gaming system which is manufactured, sold or distributed for use in this State before the equipment or system is installed or used by a state gaming licensee and at any time while the state gaming licensee is using the equipment or system.

 


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      6.  In addition to all other fees and charges imposed by this chapter, the Board may determine, charge and collect an inspection fee from each manufacturer, seller, distributor or independent testing laboratory which must not exceed the actual cost of inspection and investigation.

      7.  The Commission shall adopt regulations which:

      (a) Provide for the registration of independent testing laboratories [,] and of each person that owns, operates or has significant involvement with an independent testing laboratory, specify the form of the application required for such registration , set forth the qualifications required for such registration and establish the fees required for the application, the investigation of the applicant and the registration of the applicant.

      (b) Authorize the Board to utilize independent testing laboratories for the inspection and certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any components thereof.

      (c) Establish uniform protocols and procedures which the Board and independent testing laboratories must follow during an inspection performed pursuant to subsection 3 or 5, and which independent testing laboratories must follow during the certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any components thereof, for use in this State or for shipment from this State.

      (d) Allow an application for the registration of an independent testing laboratory to be granted upon the independent testing laboratory’s completion of an inspection performed in compliance with the uniform protocols and procedures established pursuant to paragraph (c) and satisfaction of such other requirements that the Board may establish.

      (e) Provide the standards and procedures for the revocation of the registration of an independent testing laboratory.

      (f) Provide the standards and procedures relating to the filing of an application for a finding of suitability pursuant to this section and the remedies should a person be found unsuitable.

      (g) Provide any additional provisions which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.

      8.  The Commission shall retain jurisdiction over any person registered pursuant to this section, and any regulations adopted pursuant thereto, in all matters relating to a game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any component thereof or modification thereto, even if the person ceases to be registered.

      9.  A person registered pursuant to this section is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.

      10.  The Commission may, upon recommendation of the Board, require the following persons to file an application for a finding of suitability:

      (a) A registered independent testing laboratory.

      (b) An employee of a registered independent testing laboratory.

 


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      (c) An officer, director, partner, principal, manager, member, trustee or direct or beneficial owner of a registered independent testing laboratory or any person that owns or has significant involvement with the activities of a registered independent testing laboratory.

      11.  If a person fails to submit an application for a finding of suitability within 30 days after a demand by the Commission pursuant to this section, the Commission may make a finding of unsuitability. Upon written request, such period may be extended by the Chair of the Commission, at the Chair’s sole and absolute discretion.

      12.  As used in this section, unless the context otherwise requires, “independent testing laboratory” means a private laboratory that is registered by the [Commission] Board to inspect and certify games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems [and] or interactive gaming systems, and any components thereof [,] and modifications thereto, and to perform such other services as the Board and Commission may request.

      Sec. 10. NRS 465.094 is hereby amended to read as follows:

      465.094  The provisions of NRS 465.092 and 465.093 do not apply to a wager placed by a person for the person’s own benefit or, without compensation, for the benefit of another that is accepted or received by, placed with, or sent, transmitted or relayed to:

      1.  A race book or sports pool that is licensed pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering;

      2.  A person who is licensed to engage in off-track pari-mutuel wagering pursuant to chapter 464 of NRS, if the wager is accepted or received within this State and otherwise complies with subsection 3 of NRS 464.020 and all other applicable laws and regulations concerning wagering;

      3.  A person who is licensed to operate a mobile gaming system pursuant to chapter 463 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering;

      4.  Any other person or establishment that is licensed to engage in wagering pursuant to title 41 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering; or

      5.  Any other person or establishment that is licensed to engage in wagering in another [state] jurisdiction and is permitted to accept or receive a wager from patrons within this State under an agreement entered into by the Governor pursuant to section 6 of Assembly Bill No. 114 of this session.

      Sec. 11. NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The Governor.

      (b) Except as otherwise provided in NRS 209.221, the Department of Corrections.

      (c) The Nevada System of Higher Education.

      (d) The Office of the Military.

      (e) The State Gaming Control Board.

      (f) Except as otherwise provided in NRS 368A.140 and 463.765 , [and section 6 of this act,] the Nevada Gaming Commission.

 


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      (g) The Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

      (i) The State Board of Examiners acting pursuant to chapter 217 of NRS.

      (j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

      (k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

      (l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

      (m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

      (n) The Silver State Health Insurance Exchange.

      2.  Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

      (d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

      (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

      (c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694; or

      (d) The judicial review of decisions of the Public Utilities Commission of Nevada.

 


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      6.  The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 12. Section 6 of Assembly Bill No. 114 of this session is hereby amended to read as follows:

       Sec. 6.  1.  [The] Upon recommendation of the Commission , [shall, by regulation, authorize] the Governor, on behalf of the State of Nevada, is authorized to:

       (a) Enter into agreements , in accordance with the requirements of this section, with other [states, or authorized agencies thereof, to enable patrons] governments whereby persons who are physically located in [the] a signatory [states to] jurisdiction may participate in interactive gaming [offered by licensees in those] conducted by one or more operators licensed by one or more of the signatory [states;] governments; and

       (b) Take all necessary actions to ensure that any agreement entered into pursuant to this section becomes effective.

       2.  [Any regulations adopted pursuant to subsection 1 must:

       (a) Set forth provisions for any potential arrangements to share revenue between this State and any other state or agency within another state.

       (b) Be adopted in accordance with the provisions of chapter 233B of NRS.] The Commission may:

       (a) Make recommendations to the Governor to enter into agreements pursuant to this section.

       (b) Upon the recommendation of the Board, adopt regulations relating to agreements pursuant to this section.

       3.  The regulations adopted by the Commission pursuant to this section may include, without limitation, provisions prescribing:

       (a) The form, length and terms of an agreement entered into by this State and another government, including, without limitation, provisions relating to how:

             (1) Taxes are to be treated by this State and another government;

             (2) Revenues are to be shared and distributed; and

             (3) Disputes with patrons are to be resolved.

       (b) The information to be furnished to the Board and the Commission by a government that proposes to enter into an agreement with this State pursuant to this section.

       (c) The information to be furnished by the Board to the Commission to enable the Commission to carry out the purposes of this section.

       (d) The manner and procedure for hearings conducted by the Board and Commission pursuant to this section, including, without limitation, the need for any special rules or notices.

       (e) The information to be furnished by the Commission to the Governor that supports the recommendations of the Commission made pursuant to this section.

       (f) Any other procedures to be followed by the Board or Commission to carry out the purposes of this section.

       4.  The Governor may not enter into an agreement pursuant to this section unless the agreement includes provisions:

 


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       (a) For any potential arrangement for the sharing of revenues by this State and a government.

       (b) That permit the effective regulation of interactive gaming by this State, including, without limitation, provisions relating to licensing of entities and natural persons, technical standards to be followed, resolution of disputes by patrons, requirements for bankrolls, enforcement, accounting and maintenance of records.

       (c) That each government that is a signatory to the agreement agrees to prohibit operators of interactive gaming, service providers and manufacturers or distributors of interactive gaming systems from engaging in any activity permitted by the agreement unless such operators of interactive gaming, service providers or manufacturers or distributors of interactive gaming systems are licensed or found suitable:

             (1) In this State; or

             (2) In the signatory jurisdiction pursuant to requirements that are materially consistent with the corresponding requirements of this State.

       (d) That no variation or derogation from the requirements of the agreement is permitted for any signatory government absent the consent of this State and all signatory governments.

       (e) That prohibit any subordinate or side agreements, except with respect to sharing of revenues, among any subset of governments that are signatories to the agreement.

       (f) That, if the agreement allows persons physically located in this State to participate in interactive gaming conducted by another government or an operator of interactive gaming licensed by another government, require that government to establish and maintain regulatory requirements governing interactive gaming that are materially consistent with the requirements of this State in all material respects.

       5.  As used in this section:

       (a) “Government” means any governmental unit of a national, state or local body exercising governmental functions, other than the United States Government. The term includes, without limitation, national and subnational governments, including their respective departments, agencies and instrumentalities and any department, agency or authority of any such governmental unit that has authority over gaming or gambling activities.

       (b) “Jurisdiction” means the country, state or other geographic area over which a government exercises legal authority.

      Sec. 13. Section 7 of Senate Bill No. 416 of this session is hereby amended to read as follows:

       Sec. 7. 1.  Except as otherwise provided in this section, the amendatory provisions of section 3 of this act apply to the issuance of a restricted license on or after [July 1, 2013.] January 1, 2014.

       2.  Except as otherwise provided in subsection 3, an establishment that has been granted a restricted license by the Nevada Gaming Commission before [July 1, 2013,] January 1, 2014, but which is not in compliance with the provisions of paragraph (b) of subsection 2 of NRS 463.161, as amended by section 3 of this act, must come into compliance with those provisions upon the earlier of:

 


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       (a) A change of ownership of the business or the transfer of 50 percent or more of the stock or other ownership interest in the entity owning the business; or

       (b) July 1, 2015.

       3.  An establishment which was granted a gaming license before December 22, 1990, and which has been operating at the same location since that date is not required to comply with the provisions of paragraph (b) of subsection 2 of NRS 463.161, as amended by section 3 of this act.

       4.  An establishment that has been granted a restricted license by the Commission before [July 1, 2013,] January 1, 2014, but which is not in compliance with the provisions of paragraph (a) or (c) of subsection 2 of NRS 463.161, as amended by section 3 of this act, is not required to come into compliance with those provisions unless the establishment ceases gaming operations for 18 or more consecutive months.

       5.  The Commission shall not renew the restricted license of an establishment that does not come into compliance with the amendatory provisions of section 3 of this act within the time required by this section.

       6.  This act applies to all race books, sports pools and associated equipment in existence on July 1, 2013.

      Sec. 14. Section 8 of Senate Bill No. 416 of this session is hereby amended to read as follows:

       Sec. 8.  [This]

       1.  This section and sections 1, 2, 4 and 7 of this act [becomes] become effective on July 1, 2013.

       2.  Section 3 of this act becomes effective on January 1, 2014.

      Sec. 14.5. Section 3 of Senate Bill No. 9 of this session is hereby repealed.

      Sec. 15.  1.  The Legislative Commission shall create a committee to conduct an interim study concerning the impact of technology upon the regulation of gaming and upon the distinction between restricted and nonrestricted gaming licensees.

      2.  The committee created by the Legislative Commission to conduct the study must be composed of six voting members and seven nonvoting members, appointed and designated as follows:

      (a) The Legislative Commission shall appoint three voting members of the Senate, at least one of whom must be a member of the minority political party.

      (b) The Legislative Commission shall appoint three voting members of the Assembly, at least one of whom must be a member of the minority political party.

      (c) The Legislative Commission shall appoint five nonvoting members, with one member representing each of the following:

             (1) Manufacturers or developers of gaming technology;

             (2) Entities engaged in the business of interactive gaming;

             (3) Restricted gaming licensees;

             (4) Nonrestricted gaming licensees; and

             (5) Operators of race books and sports pools.

 


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      (d) The Chair of the Nevada Gaming Commission and the Chair of the State Gaming Control Board serve ex officio as nonvoting members of the committee.

      3.  The Legislative Commission shall appoint a Chair from among the voting members of the committee.

      4.  The committee shall study, without limitation:

      (a) The impact of modern and evolving technology upon gaming and the regulation of gaming;

      (b) Interactive gaming in Nevada and other jurisdictions, and any proposed or enacted federal legislation in this area;

      (c) The regulatory distinction between restricted and nonrestricted licensure, and the impact of technology upon this distinction;

      (d) The determination of whether the operation of slot machines is incidental to the primary business of a restricted gaming licensee, and minimum requirements that are or should be imposed upon such businesses;

      (e) The effect of expanding capability of personal and portable electronic devices upon gaming and the regulation of gaming;

      (f) The potential effects and consequences of authorizing the acceptance of race book and sports pool wagers made by an entity; and

      (g) The effect of legislation approved by the 77th Session of the Nevada Legislature with regard to gaming and the regulation of gaming.

      5.  The Legislative Commission shall submit a report of the findings of the committee, including, without limitation, any recommendations for legislation, to the 78th Session of the Nevada Legislature.

      6.  For each day or portion of a day during which a member of the committee who is a Legislator attends a meeting of the committee or is otherwise engaged in the business of the committee, the Legislator is entitled to receive the:

      (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The compensation, per diem allowances and travel expenses of the members of the committee who are Legislators must be paid from the Legislative Fund.

      Sec. 16.  1.  This section and section 14.5 of this act become effective on June 1, 2013.

      2.  Sections 1 to 14, inclusive, and 15 of this act become effective upon passage and approval.

________

 

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 3320ê

 

CHAPTER 509, AB 412

Assembly Bill No. 412–Assemblymen Kirkpatrick, Flores, Stewart, Ohrenschall, Hickey; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Bobzien, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Eisen, Ellison, Fiore, Frierson, Grady, Hambrick, Hansen, Hardy, Healey, Hogan, Horne, Kirner, Livermore, Martin, Munford, Neal, Oscarson, Pierce, Spiegel, Sprinkle, Swank, Thompson, Wheeler and Woodbury

 

CHAPTER 509

 

[Approved: June 11, 2013]

 

AN ACT relating to the Legislature; revising provisions relating to the training required for newly elected Legislators; changing certain deadlines applicable to the submission and drafting of legislative measures; revising the number of legislative measures that certain persons and entities may request for drafting; restricting Legislators from requesting the drafting of legislative measures under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires newly elected Legislators to attend certain training before the beginning of their first legislative session. (NRS 218A.285) Section 1 of this bill requires such training to include discussion of major policy issues that are likely to be considered during the ensuing regular session of the Legislature. Section 1 also requires the Director of the Legislative Counsel Bureau to communicate in writing the dates for training to candidates for election to the Assembly and the Senate for the ensuing regular session of the Legislature.

      Existing law requires the Director to provide an electronic copy of a training session to any Legislator who was unable to attend the training session. (NRS 218A.285) Section 1 authorizes the Director to provide an alternate means of recording the information provided during certain training sessions and requires a Legislator who was unable to attend a training session to complete that session in the manner prescribed by the Director.

      Existing law contains provisions governing requests for the drafting of legislative measures for a regular session. (NRS 218D.100-218D.215) This bill revises the number of legislative measures that various persons and entities may request for drafting and also revises the deadlines for making such requests.

      Section 6 of this bill changes the number of legislative measures that Legislators and the chair of each standing committee may request by certain deadlines. Section 6 also changes the deadlines for providing sufficient detail to allow complete drafting of a legislative measure. Section 6 further: (1) prohibits a Legislator who has filed a declaration or an acceptance of candidacy for election to the House in which he or she is not currently sitting from requesting the drafting of legislative measures; and (2) provides that, if the Legislator is elected to the other House, any request that he or she submits before filing a declaration or an acceptance of candidacy for election counts against the applicable limitation for the House to which the Legislator was elected to serve. (NRS 218D.150)

      Existing law allows each statutory legislative committee and interim study committee to request a certain number of legislative measures preceding a regular session. (NRS 218D.160) Section 7 of this bill reduces the number of legislative measures that may be requested by the Chair of the Legislative Commission and moves up the deadline for statutory legislative committees and interim study committees to provide sufficient detail to allow complete drafting of their legislative measures.

 


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      Section 8 of this bill revises the deadlines by which the Governor or the Governor’s designated representative must submit requests for the drafting of legislative measures and increases the number of legislative measures that the Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller and Attorney General may request for drafting. (NRS 218D.175)

      Section 9 of this bill reduces the number of legislative measures that may be requested by the city council of a city whose population is 150,000 or more but less than 500,000 (currently the cities of Henderson, North Las Vegas and Reno). (NRS 218D.205)

      Existing law authorizes the following entities to submit their own requests for the drafting of legislative measures for each regular session: (1) a mental health consortium established to develop strategic plans for the provision of mental health services to children with emotional disturbance and their families (NRS 218D.215, 433B.333); and (2) an interagency committee created by the Director of the Department of Health and Human Services to evaluate the child welfare system in this State. (NRS 432B.178) Sections 11 and 12 of this bill eliminate the authority of these entities to submit their own requests, but such entities still would be authorized by existing law to ask Legislators or legislative committees to submit and sponsor requests on behalf of the entities. (NRS 218D.150, 218D.155, 218D.160)

 

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 218A.285 is hereby amended to read as follows:

      218A.285  1.  A Legislator who is elected to the Assembly or the Senate and who has not previously served in either House shall attend the training required pursuant to this section unless his or her attendance is excused pursuant to subsection 6.

      2.  A member of the Assembly who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Speaker of the Assembly. A member of the Senate who is required to attend training pursuant to this section shall attend each training session designated as mandatory by the Majority Leader of the Senate.

      3.  The training required pursuant to this section must [be recorded electronically and] include:

      (a) Legislative procedure and protocol;

      (b) Overviews of the state budget and the budgetary process;

      (c) [Briefings on] Discussion of major policy issues [relevant to the State;] that are likely to be considered during the ensuing regular session; and

      (d) Such other matters as are deemed appropriate by the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly and the Minority Leader of the Senate for their respective Houses.

      4.  The Director shall provide staff support for the training required pursuant to this section.

      5.  The training required pursuant to this section must not exceed a total of 10 days and must be conducted between the day next after the general election and the commencement of the ensuing regular session. The dates for the training must be [determined] :

      (a) Determined by the Speaker of the Assembly and the Majority Leader of the Senate [and posted] ;

 


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      (b) Posted on the public website of the Legislature on [an] the Internet [website] ; and

      (c) Communicated in writing by the Director to the candidates for election to the Assembly and the Senate for the ensuing regular session,

Ê not later than 90 days before the first day on which training will be conducted.

      6.  The Speaker of the Assembly or the Majority Leader of the Senate may excuse a Legislator from attending a training session otherwise required pursuant to this section in case of illness, injury, emergency, employment or other good cause as determined by the Speaker or Majority Leader.

      7.  [The] Except as otherwise provided in this subsection, the Director shall provide an electronic copy of a training session and a form for attesting completion of the training session to any Legislator who was unable to attend the training session. If any training session is conducted in a manner that the Director determines cannot reasonably be recorded in an electronic format, the Director may provide for an alternate means of recording the information provided during that training session. To successfully complete the training required pursuant to this section, [such] a Legislator [must view the] who was unable to attend a training session [electronically] shall complete that session in the manner prescribed by the Director and submit the attestation to the Director.

      8.  The Director shall issue a “Certificate of Graduation from the Legislative Training Academy” to each Legislator who successfully completes the training required pursuant to this section.

      Sec. 2. NRS 218D.050 is hereby amended to read as follows:

      218D.050  1.  The Legislative Counsel and the Legal Division shall not prepare or assist in the preparation of legislative measures for or during a regular session unless:

      (a) Authorized by NRS 218D.100 to [218D.215,] 218D.210, inclusive, another specific statute, a joint rule or a concurrent resolution; or

      (b) Directed by the Legislature or the Legislative Commission.

      2.  The Legislative Counsel and the Legal Division shall not prepare or assist in the preparation of legislative measures for or during a special session unless:

      (a) Authorized by a joint rule or concurrent resolution; or

      (b) Directed by the Legislature or the Legislative Commission.

      3.  During a regular or special session, the Legislative Counsel and the Legal Division shall provide the Legislature with legal, technical and other appropriate services concerning any legislative measure properly before the Legislature or any committee of the Legislature for consideration.

      Sec. 3. NRS 218D.100 is hereby amended to read as follows:

      218D.100  1.  The provisions of NRS 218D.100 to [218D.215,] 218D.210, inclusive, apply to requests for the drafting of legislative measures for a regular session.

      2.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:

      (a) Exceeds the number of requests authorized by NRS 218D.100 to [218D.215,] 218D.210, inclusive, for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to [218D.215,] 218D.210, inclusive, but is not in a subject related to the function of the requester.

 


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      3.  The Legislative Counsel shall not:

      (a) Except as otherwise provided in NRS 218D.150, 218D.155 and 218D.160, assign a number to a request for the drafting of a legislative measure to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.

      (b) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.

      (c) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.

      Sec. 4. NRS 218D.105 is hereby amended to read as follows:

      218D.105  1.  Upon a finding that exceptional circumstances so warrant, the Legislative Commission when the Legislature is not in a regular session, or a standing committee which has jurisdiction of the subject matter when the Legislature is in a regular session, may grant a waiver to an authorized nonlegislative requester to submit a request for the drafting of a legislative measure after the time limits in NRS 218D.175 to [218D.215,] 218D.210, inclusive.

      2.  The request for the waiver must be submitted in writing to the Legislative Commission or standing committee, as appropriate, explaining the exceptional circumstances.

      Sec. 5. NRS 218D.115 is hereby amended to read as follows:

      218D.115  1.  The Legislative Counsel shall assist authorized nonlegislative requesters in the drafting of the legislative measures which they are authorized to request pursuant to NRS 218D.175 to [218D.215,] 218D.210, inclusive.

      2.  To ensure the greatest possible equity in the handling of such requests, drafting must proceed as follows:

      (a) Requests from each agency or officer of the Executive Department or from a county, school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.

      (b) As soon as an agency or officer of the Executive Department has requested 10 legislative measures for a regular session, the Legislative Counsel may request the agency or officer to designate the priority for each succeeding request.

      3.  The priority designated pursuant to this section must guide the Legislative Counsel in acting upon the requests of the respective agencies and officers of the Executive Department and the counties, school districts and cities to ensure each agency and officer, and each county, school district and city, as nearly as is possible, an equal rank.

      Sec. 6. NRS 218D.150 is hereby amended to read as follows:

      218D.150  1.  Except as otherwise provided in [subsection 2,] this section, each:

      (a) Incumbent member of the Assembly may request the drafting of [not] :

            (1) Not more than [6] 4 legislative measures submitted to the Legislative Counsel on or before [September] August 1 preceding a regular session [and not] ;

             (2) Not more than 5 legislative measures submitted to the Legislative Counsel after [September] August 1 but on or before December 10 preceding a regular session [.] ; and

 


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             (3) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (b) Incumbent member of the Senate may request the drafting of [not] :

             (1) Not more than [12] 8 legislative measures submitted to the Legislative Counsel on or before [September] August 1 preceding a regular session [and not] ;

             (2) Not more than 10 legislative measures submitted to the Legislative Counsel after [September] August 1 but on or before December 10 preceding a regular session [.] ; and

             (3) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (c) Newly elected member of the Assembly may request the drafting of [not] :

             (1) Not more than 5 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session [.] ; and

             (2) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (d) Newly elected member of the Senate may request the drafting of [not] :

             (1) Not more than 10 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session [.] ; and

             (2) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      2.  A Legislator may not request the drafting of a legislative measure pursuant to subsection 1 on or after the date on which the Legislator becomes a nonreturning Legislator. For the purposes of this subsection, “nonreturning Legislator” means a Legislator who, in the year that the Legislator’s term of office expires:

      (a) Has not filed a declaration or an acceptance of candidacy within the time allowed for filing for election as a member of the Senate or the Assembly;

      (b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or

      (c) Has withdrawn as a candidate for the Senate or the Assembly.

      3.  A Legislator may not request the drafting of a legislative measure pursuant to paragraph (a) or (b) of subsection 1 on or after the date on which the Legislator files a declaration or an acceptance of candidacy for election to the House in which he or she is not currently a member. If the Legislator is elected to the other House, any request that he or she submitted pursuant to paragraph (a) or (b) of subsection 1 before filing his or her declaration or acceptance of candidacy for election counts against the applicable limitation set forth in paragraph (c) or (d) of subsection 1 for the House in which the Legislator is a newly elected member.

 

 


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ê2013 Statutes of Nevada, Page 3325 (Chapter 509, AB 412)ê

 

      4.  If a request made pursuant to subsection 1 is submitted:

      (a) On or before [September] August 1 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before [December] November 1 preceding the regular session.

      (b) After [September] August 1 but on or before December 10 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before January [15] 1 preceding the regular session.

      [4.] (c) After a regular session has convened but on or before the 8th day of the regular session at 5 p.m., sufficient detail to allow complete drafting of the legislative measure must be submitted on or before the 15th day of the regular session.

      5.  In addition to the number of requests authorized pursuant to subsection 1:

      (a) The chair of each standing committee of the immediately preceding regular session, or a person designated in the place of the chair by the Speaker of the Assembly or the Majority Leader of the Senate, may request before the date of the general election preceding a regular session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every [15] 18 legislative measures that were referred to the respective standing committee during the immediately preceding regular session.

      (b) A person designated after the general election as a chair of a standing committee for the next regular session, or a person designated in the place of a chair by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular session, may request on or before December 10 preceding that regular session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chair or designee.

      [5.] 6.  If a request made pursuant to subsection [4] 5 is submitted:

      (a) Before the date of the general election preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before December 10 preceding the regular session.

      (b) After the date of the general election but on or before December 10 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before January [15] 1 preceding the regular session.

      [6.] 7.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

      Sec. 7. NRS 218D.160 is hereby amended to read as follows:

      218D.160  1.  The Chair of the Legislative Commission may request the drafting of not more than [15] 10 legislative measures before the first day of a regular session, with the approval of the Legislative Commission, which relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff.

      2.  The Chair of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Committee, which relate to matters within the scope of the Committee.

 


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ê2013 Statutes of Nevada, Page 3326 (Chapter 509, AB 412)ê

 

      3.  If a request made pursuant to subsection 1 or 2 is submitted before the first day of a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before March 1 of the regular session.

      4.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution:

      (a) Any legislative committee created by a statute, other than an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.

      (b) Any committee or subcommittee established by an order of the Legislative Commission pursuant to NRS 218E.200 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee or subcommittee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.

      (c) Any other committee established by the Legislature which conducts an interim legislative study or investigation may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation.

Ê The requests authorized pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding a regular session unless the Legislative Commission authorizes submitting a request after that date.

      5.  If a request made pursuant to subsection 4 is submitted on or before September 1 preceding a regular session, sufficient detail to allow complete drafting of the legislative measure must be submitted on or before [December] November 1 preceding the regular session.

      6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

      Sec. 8. NRS 218D.175 is hereby amended to read as follows:

      218D.175  1.  For a regular session, the Governor or the Governor’s designated representative may request the drafting of not more than [100] 110 legislative measures which have been approved by the Governor or the Governor’s designated representative on behalf of the officers, agencies, boards, commissions, departments and other units of the Executive Department. The requests must be submitted to the Legislative Counsel on or before [September] August 1 preceding the regular session.

      2.  The Department of Administration may request on or before the 19th day of a regular session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of a regular session to propose the Governor’s legislative agenda.

      3.  For a regular session, the following constitutional officers may request, without the approval of the Governor or the Governor’s designated representative, the drafting of not more than the following numbers of legislative measures, which must be submitted to the Legislative Counsel on or before September 1 preceding the regular session:

 


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ê2013 Statutes of Nevada, Page 3327 (Chapter 509, AB 412)ê

 

Lieutenant Governor................................................................................ [1] 3

Secretary of State..................................................................................... [5] 6

State Treasurer......................................................................................... [2] 5

State Controller......................................................................................... [2] 5

Attorney General................................................................................. [15] 20

 

      4.  In addition to the requests authorized by subsection 3, the Secretary of State may request, without the approval of the Governor or the Governor’s designated representative, the drafting of not more than 2 legislative measures, which must be submitted to the Legislative Counsel on or before December 1 preceding the regular session. Sufficient detail to allow complete drafting of the legislative measures requested pursuant to this subsection must be submitted on or before December 31 preceding the regular session.

      5.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to subsections 1 and 3 must be prefiled on or before December 20 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

      Sec. 9. NRS 218D.205 is hereby amended to read as follows:

      218D.205  1.  For a regular session, each board of county commissioners, board of trustees of a school district and city council may request the drafting of not more than the numbers of legislative measures set forth in this section if the requests are:

      (a) Approved by the governing body of the county, school district or city at a public hearing before their submission to the Legislative Counsel; and

      (b) Submitted to the Legislative Counsel on or before September 1 preceding the regular session.

      2.  The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.

      3.  The board of county commissioners of a county whose population:

      (a) Is 700,000 or more may request the drafting of not more than 4 legislative measures for a regular session.

      (b) Is 100,000 or more but less than 700,000 may request the drafting of not more than 2 legislative measures for a regular session.

      (c) Is less than 100,000 may request the drafting of not more than 1 legislative measure for a regular session.

      4.  The board of trustees of a school district in a county whose population:

      (a) Is 700,000 or more may request the drafting of not more than 2 legislative measures for a regular session.

      (b) Is less than 700,000 may request the drafting of not more than 1 legislative measure for a regular session.

      5.  The city council of a city whose population:

      (a) Is [150,000] 500,000 or more may request the drafting of not more than 3 legislative measures for a regular session.

      (b) Is 150,000 or more but less than 500,000 may request the drafting of not more than 2 legislative measures for a regular session.

      (c) Is less than 150,000 may request the drafting of not more than 1 legislative measure for a regular session.

 


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ê2013 Statutes of Nevada, Page 3328 (Chapter 509, AB 412)ê

 

      6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before December 20 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

      7.  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

      Sec. 10. NRS 218D.575 is hereby amended to read as follows:

      218D.575  1.  A Legislator who will be a member of the next regular session may request the Legislative Counsel to prefile any bill or joint resolution that was requested by that Legislator for introduction in the next regular session.

      2.  A Legislator designated as a chair of a standing committee for the next regular session may request the Legislative Counsel to prefile on behalf of the committee any bill or joint resolution within the jurisdiction of the committee for introduction in the next regular session.

      3.  [The] All bills and joint resolutions requested by authorized nonlegislative requesters and submitted for prefiling pursuant to NRS 218D.175 to [218D.215,] 218D.210, inclusive, must be [:

      (a) Randomly] randomly divided in equal amounts between the Senate and the Assembly and prefiled on behalf of the appropriate standing committee.

      [(b) Prepared]

      4.  The Legislative Counsel shall prepare all bills and joint resolutions submitted for prefiling in final and correct form for introduction in the Legislature as required by the Nevada Constitution and this chapter.

      [4.]5.  The Legislative Counsel shall not prefile a bill or joint resolution requested by:

      (a) A Legislator who is not a candidate for reelection until after the general election immediately preceding the regular session.

      (b) A Legislator who is elected or reelected to legislative office at the general election immediately preceding the regular session until the Legislator is determined to have received the highest number of votes pursuant to the canvass of votes required by NRS 293.395.

      Sec. 11. NRS 432B.178 is hereby amended to read as follows:

      432B.178  1.  The Director of the Department of Health and Human Services may create an interagency committee to evaluate the child welfare system in this State. Any such evaluation must include, without limitation, a review of state laws to ensure that the state laws comply with federal law and to ensure that the state laws reflect the current practices of each agency which provides child welfare services and others involved in the child welfare system.

      2.  The Director may appoint as many members to the interagency committee as the Director deems appropriate except that the members of such a committee must include, without limitation, at least one person to represent:

      (a) Each agency which provides child welfare services;

      (b) The Department of Education;

      (c) The juvenile justice system;

      (d) Law enforcement; and

 


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ê2013 Statutes of Nevada, Page 3329 (Chapter 509, AB 412)ê

 

      (e) Providers of treatment or services for persons in the child welfare system.

      3.  [The interagency committee created pursuant to subsection 1 may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare one legislative measure for a regular legislative session if it determines that changes in legislation are necessary. Any such request must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature. Upon completion of the proposed legislation, the Legislative Counsel shall transmit any legislative measure prepared pursuant to this subsection to the appropriate standing committee of the Assembly or Senate within the first week of the next regular legislative session for introduction.

      4.]  The interagency committee created pursuant to subsection 1 shall, on or before January 1 of each odd-numbered year after it is created, submit to the Director of the Legislative Counsel Bureau a written report for transmittal to the Chairs of the Assembly and Senate Standing Committees on Judiciary, the Chair of the Assembly Committee on Health and Human Services and the Chair of the Senate Committee on Health and Education.

      Sec. 12. NRS 218D.215 is hereby repealed.

      Sec. 13.  This act becomes effective upon passage and approval.

________

CHAPTER 510, AB 428

Assembly Bill No. 428–Committee on Commerce and Labor

 

CHAPTER 510

 

[Approved: June 11, 2013]

 

AN ACT relating to energy; revising provisions relating to the Solar Energy Systems Incentive Program, the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program; revising provisions governing the payment of incentives to participants in the Solar Program and the Wind Program; requiring the Public Utilities Commission of Nevada to adopt certain regulations; requiring each electric utility in this State to create a Lower Income Solar Energy Pilot Program; requiring the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General to publish certain reports; requiring the Commission to open an investigatory docket relating to the costs and benefits attributable to net metering; extending the prospective expiration of the Solar Program, the Wind Program and the Waterpower Program; establishing the Legislative Committee on Energy; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes the Solar Energy Systems Incentive Program, the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program. (NRS 701B.010-701B.290, 701B.400-701B.650, 701B.700-701B.880) Section 3 of this bill establishes the statewide capacity floor for the Solar Program and the limits on incentives paid for each renewable energy program. Sections 5, 19 and 26 of this bill remove the concept of a “program year” with respect to the renewable energy programs.

 


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ê2013 Statutes of Nevada, Page 3330 (Chapter 510, AB 428)ê

 

      Sections 5-7 of this bill require the Public Utilities Commission of Nevada to adopt regulations relating to the provision of market-based incentives under the Solar Program. Section 7 requires the Commission to review the incentives and authorizes the Commission to adjust the incentives not more frequently than annually. Section 7 also provides for an incentive to be paid to a qualified participant in the Solar Program in one installment upon proof that the participant has installed and energized the solar energy system and for an incentive to be paid to a qualified participant over time which must be based on the performance of the solar energy system and the amount of electricity generated by the solar energy system. Section 7 also provides for the payment of performance-based incentives to a qualified participant in the Solar Program after December 31, 2021. Section 9 of this bill requires the Commission to establish the categories for participation in the Solar Program. Section 9 authorizes the Commission to establish the criteria and capacity limitations for each category. Section 11 of this bill requires a participant in the Solar Program to participate in net metering.

      Section 13 of this bill requires the Commission to establish the categories for participation in the Wind Program. Section 14 of this bill requires the Commission to adopt regulations establishing a system of incentives for participation in the Wind Program. Section 14 further provides that the total amount of the incentive paid to a participant in the Wind Program with a nameplate capacity of not more than 500 kilowatts must be paid over time and be based on the performance and amount of electricity generated by the wind energy system. Section 14 also provides for the payment of performance-based incentives to a qualified participant in the Wind Program after December 31, 2021. Section 17 of this bill requires a participant in the Wind Program to participate in net metering.

      Section 18 of this bill requires the Commission to adopt regulations to provide a system of incentives for waterpower energy systems with a nameplate capacity of not more than 500 kilowatts, and section 20 of this bill prescribes certain limitations on such incentives. Section 21 of this bill requires a participant in the Waterpower Program to participate in net metering.

      Section 21.3 of this bill requires each electric utility in this State to create a Lower Income Solar Energy Pilot Program for the purpose of installing solar distributed generation systems within its service territory for the benefit of low-income customers.

      Existing law authorizes certain qualified customers of a utility to participate in net metering. (NRS 704.766-704.775) Section 24 of this bill authorizes a utility to assess certain charges against certain participants in net metering.

      Existing law authorizes the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General to represent the public interest in any proceeding, including a proceeding to review a proposed rate of an electric utility. Section 25.5 of this bill requires the Consumer’s Advocate to publish a report containing certain information if the Consumer’s Advocate declines to represent the public interest in a proceeding to review a proposed rate of an electric utility.

      Section 26.5 of this bill requires the Commission to open an investigatory docket to evaluate the costs and benefits attributable to net metering in this State.

      Sections 25.6-25.9 of this bill extend the prospective expiration of the Wind Program, the Waterpower Program and the Solar Program from December 31, 2021, to December 31, 2025.

      Sections 25.1-25.45 and 25.55 of this bill establish the Legislative Committee on Energy and set forth the membership, duties, powers and responsibilities of the Committee.

 


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ê2013 Statutes of Nevada, Page 3331 (Chapter 510, AB 428)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. Chapter 701B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 3.5, inclusive, of this act.

      Sec. 1.5. 1.  As used in this chapter, unless the context otherwise requires, “installed cost” means the actual, documented cost of tangible materials and labor for the installation of a solar energy system, distributed generation system, wind energy system or waterpower energy system.

      2.  As used in this section:

      (a) “Distributed generation system” has the meaning ascribed to it in NRS 701B.055.

      (b) “Solar energy system” has the meaning ascribed to it in NRS 701B.150.

      (c) “Waterpower energy system” has the meaning ascribed to it in NRS 701B.800.

      (d) “Wind energy system” has the meaning ascribed to it in NRS 701B.560.

      Sec. 2. The Legislature hereby finds and declares that it is the policy of this State to:

      1.  Expand and accelerate the development of solar distributed generation systems in this State; and

      2.  Establish a sustainable and self-sufficient solar renewable energy industry in this State in which solar energy systems are a viable mainstream alternative for homes, businesses and other public entities.

      Sec. 3. 1.  For the purposes of carrying out the Solar Energy Systems Incentive Program created by NRS 701B.240, and subject to the limitations prescribed by subsection 2, the Public Utilities Commission of Nevada shall set incentive levels and schedules, with a goal of approving solar energy systems totaling at least 250,000 kilowatts of capacity in this State for the period beginning on July 1, 2010, and ending on December 31, 2021.

      2.  The Commission shall not authorize the payment of an incentive pursuant to:

      (a) The Solar Energy Systems Incentive Program if the payment of the incentive would cause the total amount of incentives paid by all utilities in this State for the installation of solar energy systems and solar distributed generation systems to exceed $255,270,000 for the period beginning on July 1, 2010, and ending on December 31, 2025.

      (b) The Wind Energy Systems Demonstration Program created by NRS 701B.580 and the Waterpower Energy Systems Demonstration Program created by NRS 701B.820 if the payment of the incentive would cause the total amount of incentives paid by all utilities in this State for the installation of wind energy systems and waterpower energy systems to exceed $40,000,000 for the period beginning on July 1, 2009, and ending on December 31, 2025. The Commission shall by regulation determine the allocation of incentives for each Program.

      3.  The Commission may, subject to the limitations prescribed by subsection 2, authorize the payment of performance-based incentives for the period ending on December 31, 2025.

 


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ê2013 Statutes of Nevada, Page 3332 (Chapter 510, AB 428)ê

 

      4.  A utility may file with the Commission one combined annual plan which meets the requirements set forth in NRS 701B.230, 701B.610 and 701B.850. The Commission shall review and approve any plan submitted pursuant to this subsection in accordance with the requirements of NRS 701B.230, 701B.610 and 701B.850, as applicable.

      5.  As used in this section:

      (a) “Distributed generation system” has the meaning ascribed to it in NRS 701B.055.

      (b) “Utility” means a public utility that supplies electricity in this State.

      Sec. 3.5. A person who submits an application to a utility pursuant to this chapter shall not make any false or misleading statement in the application or in any material which is required to be submitted with the application. As used in this section, “utility” means a public utility that supplies electricity or natural gas in this State.

      Sec. 4. NRS 701B.040 is hereby amended to read as follows:

      701B.040  “Category” means one of the categories of participation in the Solar Program as set forth in [NRS 701B.240.] regulations adopted by the Commission.

      Sec. 5. NRS 701B.200 is hereby amended to read as follows:

      701B.200  The Commission shall adopt regulations necessary to carry out the provisions of NRS 701B.010 to 701B.290, inclusive, and section 2 of this act, including, without limitation, regulations that:

      1.  Establish the type of incentives available to participants in the Solar Program and the level or amount of those incentives . [, except that the level or amount of an incentive available in a particular program year must not be based upon whether the incentive is for unused capacity reallocated from a past program year pursuant to paragraph (b) of subsection 2 of NRS 701B.260. The regulations must provide that the level or amount of the incentives must decline over time as the cost of solar energy systems and distributed generation systems decline.] The incentives must be market-based incentives that:

      (a) Do not exceed 50 percent of the installed cost of a solar energy system or distributed generation system, as determined by using the average installed cost of the solar energy systems or distributed generation systems, as applicable, installed in the immediately preceding year;

      (b) Are designed to maximize the number of customer categories participating in the Solar Program based on demographics and location, including, without limitation, categories for public entities, customers of lower socioeconomic status, nonprofit organizations and commercial, industrial and residential customers; and

      (c) Provide for a sustainable Solar Program that maintains sufficient customer participation and that provides for the measured award of incentives to as many participants as possible on or before December 31, 2021.

      2.  Establish the requirements for a utility’s annual plan for carrying out and administering the Solar Program. A utility’s annual plan must include, without limitation:

      (a) A detailed plan for advertising the Solar Program;

      (b) A detailed budget and schedule for carrying out and administering the Solar Program;

      (c) A detailed account of administrative processes and forms that will be used to carry out and administer the Solar Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Solar Program;

 


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ê2013 Statutes of Nevada, Page 3333 (Chapter 510, AB 428)ê

 

limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Solar Program;

      (d) A detailed account of the procedures that will be used for inspection and verification of a participant’s solar energy system and compliance with the Solar Program;

      (e) A detailed account of training and educational activities that will be used to carry out and administer the Solar Program; [and]

      (f) Any other information that the Commission requires from the utility as part of the administration of the Solar Program; and

      (g) Any other information required by the Commission.

      3.  Authorize a utility to recover the reasonable costs incurred in carrying out and administering the installation of distributed generation systems. [pursuant to paragraph (b) of subsection 1 of NRS 701B.260.]

      Sec. 6. NRS 701B.210 is hereby amended to read as follows:

      701B.210  The Commission shall adopt regulations that establish:

      1.  The qualifications and requirements an applicant must meet to be eligible to participate in [each applicable category of:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property; and] the Solar Program.

      2.  The form and content of the master application.

      3.  The process for accepting and approving applications, which must provide that applications are approved based on the order in which complete applications are submitted and not on a lottery process.

      4.  A requirement that an authorized representative of any public entity participating in the Solar Program, including participation through a third-party ownership structure, provide the identifying number described in NRS 338.013 for such project and certify in the application and upon final completion of the solar energy system or distributed generation system that the public entity has complied with all applicable requirements of this chapter and chapter 338 of NRS.

      5.  A process pursuant to which the utility must transmit to the Commission for inclusion in the public records of the Commission a copy of any application by a public entity or any related material requested by the Commission which includes any redacted personal identifying information of a customer.

      Sec. 7. NRS 701B.220 is hereby amended to read as follows:

      701B.220  1.  In adopting regulations for the Solar Program, the Commission shall adopt regulations establishing [an incentive] the incentives for participation in the Solar Program [.] , shall consider whether such regulations ensure, to the extent practicable, the cost-effective use of such incentives and predictability for participants, rate payers and utilities and shall maximize to the extent practicable the number of customer categories participating in the Solar Program based on demographics and location, including, without limitation, categories for public entities, customers of lower socioeconomic status, nonprofit organizations and commercial, industrial and residential customers. The regulations must:

      (a) For a solar energy system that has a generating capacity of not more than 25 kilowatts, provide for an incentive that must be paid in one installment to a participant for a solar energy system upon proof that the participant has installed and energized the solar energy system;

 


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ê2013 Statutes of Nevada, Page 3334 (Chapter 510, AB 428)ê

 

installment to a participant for a solar energy system upon proof that the participant has installed and energized the solar energy system;

      (b) For a solar energy system that has a generating capacity of more than 25 kilowatts, provide for an incentive that must be paid to a participant over time and be based on the performance of the solar energy system and the amount of electricity generated by the solar energy system;

      (c) For a solar energy system that has a generating capacity of more than 25 kilowatts, provide for a contract to be entered into between a participant and a utility, which must include, without limitation, provisions specifying:

             (1) The amount of the incentive the participant will receive from the utility;

             (2) The period in which the participant will receive an incentive from the utility, which must not exceed 5 years;

             (3) That the payments of an incentive to the participant must be made not more frequently than quarterly; and

             (4) That a utility must not be required to issue any new incentive on or after January 1, 2021, or make an incentive payment after December 31, 2025;

      (d) Establish reporting requirements for each utility that participates in the Solar Program, which must include, without limitation, periodic reports of the average installed cost of the systems, the cost to the utility of carrying out the Solar Program, the effect of the Solar Program on the rates paid by customers of the utility and the annual statistical data related to the amount of incentives granted and the number of participants;

      (e) Provide for a decline over time in the amount of the incentives for participation in the Solar Program as the installed costs of solar energy systems decrease and as variables, including, without limitation, system size, installation costs, market conditions and access to federal, state and other financial incentives, may require;

      (f) Provide that the rate at which incentives decline over time will be published by the Commission, including publication on the Internet website maintained by the Commission, annually or on such other schedule as necessary to reflect changes in the market; and

      (g) Provide that incentives must be made available only to solar energy systems with a nameplate capacity of not more than 500 kilowatts.

      2.  The Commission shall review the incentives for participation in the Solar Program and may adjust the amount of the incentives not more frequently than annually, as determined necessary by the Commission to reflect changes in the market for solar energy systems and demand for incentives.

      3.  A contract that is executed between a utility and a participant on or before December 31, 2021, providing for the payment to the participant of an incentive pursuant to paragraph (b) of subsection 1 may provide for the continued payment of such an incentive after December 31, 2021, in accordance with regulations adopted by the Commission.

      Sec. 8. NRS 701B.230 is hereby amended to read as follows:

      701B.230  1.  Each year on or before the date established by the Commission, a utility shall file with the Commission its annual plan for carrying out and administering the Solar Program within its service area . [for a program year.]

 


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ê2013 Statutes of Nevada, Page 3335 (Chapter 510, AB 428)ê

 

      2.  The Commission shall:

      (a) Review each annual plan filed by a utility for compliance with the requirements established by regulation of the Commission; and

      (b) Approve each annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Solar Program.

      3.  A utility shall carry out and administer the Solar Program within its service area in accordance with the utility’s annual plan as approved by the Commission.

      4.  A utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Solar Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

      Sec. 9. NRS 701B.240 is hereby amended to read as follows:

      701B.240  1.  The Solar Energy Systems Incentive Program is hereby created.

      2.  The [Solar Program must have three] Commission:

      (a) Shall establish categories [as follows:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property.] for participation in the Solar Program with the goal of maximizing to the extent practicable the number of customer categories participating in the Solar Program based on demographics and location.

      (b) May establish the criteria and capacity for each category.

      3.  For the purpose of establishing categories pursuant to subsection 2, the Commission may additionally establish subcategories which may include, without limitation, schools, public property, low-income customers and nonprofit organizations, and may establish the criteria and capacity for each subcategory.

      4.  To be eligible to participate in the Solar Program, a person must:

      (a) Meet the qualifications established by the Commission pursuant to NRS 701B.210;

      (b) Submit an application to a utility and be selected by the [Commission] utility for inclusion in the Solar Program pursuant to NRS 701B.250 and 701B.255; and

      (c) When installing the solar energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board . [; and

      (d) If the person will be participating in the Solar Program in the category of school property or public and other property, provide for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.]

      Sec. 10. NRS 701B.255 is hereby amended to read as follows:

      701B.255  1.  After reviewing an application submitted pursuant to NRS 701B.250 and ensuring that the applicant meets the qualifications and requirements to be eligible to participate in the Solar Program, a utility [may] shall select the applicant for participation in the Solar Program [.] , subject to the limitations prescribed by section 3 of this act.

 


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      2.  Not later than 30 days after the date on which the utility selects an applicant, the utility shall provide written notice of the selection to the applicant.

      3.  After the utility selects an applicant to participate in the Solar Program, the utility [may] shall approve the solar energy system proposed by the applicant. Upon the utility’s approval of the solar energy system:

      (a) The utility shall provide to the applicant notice of the approval and the amount of incentive for which the solar energy system is eligible; and

      (b) The applicant may install and energize the solar energy system.

      4.  Upon the completion of the installation and energizing of the solar energy system, the participant must submit to the utility an incentive claim form and any supporting information, including, without limitation, a verification of the installed cost of the project and a calculation of the expected system output.

      5.  Upon receipt of the completed incentive claim form and verification that the solar energy system is properly connected, the utility shall issue an incentive payment to the participant.

      6.  The amount and type of the incentive for which an applicant is eligible must be determined on the date on which the applicant is selected for participation in the Solar Program, except that an applicant forfeits eligibility for that amount of incentive if the applicant withdraws from participation in the Solar Program or does not complete the installation of the solar energy system within 12 months after the date on which the applicant is selected for participation in the Solar Program. [An applicant who forfeits eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the installation of the solar energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the installation of the solar energy system.]

      Sec. 11. NRS 701B.280 is hereby amended to read as follows:

      701B.280  [If] To be eligible for an incentive through the Solar Program, a solar energy system [used by a participant in the Solar Program meets] must meet the requirements [of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate] for participation in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 12. NRS 701B.440 is hereby amended to read as follows:

      701B.440  “Category” means one of the categories of participation in the Wind Demonstration Program [as set forth in] established by the Commission pursuant to subsection 2 of NRS 701B.580.

      Sec. 13. NRS 701B.580 is hereby amended to read as follows:

      701B.580  1.  The Wind Energy Systems Demonstration Program is hereby created.

      2.  The [Program must have four] Commission shall establish categories [as follows:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.] for participation in the Program.

      3.  To be eligible to participate in the Program, a person must:

      (a) Meet the qualifications established by the Commission pursuant to NRS 701B.590; and

 


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      (b) When installing the wind energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board . [; and

      (c) If the person will be participating in the Program in the category of school property or other public property, provide for the public display of the wind energy system, including, without limitation, providing for public demonstrations of the wind energy system and for hands-on experience of the wind energy system by the public.]

      Sec. 14. NRS 701B.590 is hereby amended to read as follows:

      701B.590  1.  The Commission shall adopt regulations necessary to carry out the provisions of the Wind Energy Systems Demonstration Program Act, including, without limitation, regulations that establish:

      [1.](a) The capacity goals for the Program . [, which must be designed to meet the goal of the Legislature of the installation of not less than 5 megawatts of wind energy systems in this State by 2012 and the goals for each category of the Program.

      2.](b) A system of incentives that are based on rebates that decline as the [capacity goals for the Program and the goals for each category of the Program are met. The rebates must be based on predicted energy savings.

      3.] installed cost of wind energy systems declines and as variables, including, without limitation, system size, installation costs, market conditions and access to federal, state and other financial incentives, may require. The system of incentives must provide:

             (1) Incentives for wind energy systems with a nameplate capacity of not more than 500 kilowatts;

             (2) That the amount of the incentive for a participant must be paid over time and be based on the performance of the wind energy system and the amount of electricity generated by the wind energy system; and

             (3) For a contract to be entered into between a participant and a utility, which must include, without limitation, provisions specifying:

                   (I) The amount of the incentive the participant will receive from the utility;

                   (II) The period in which the participant will receive an incentive from the utility, which must not exceed 5 years;

                   (III) That the payments of an incentive to the participant must be made not more frequently than quarterly; and

                   (IV) That a utility is not required to issue any new incentive on or after January 1, 2021, or make an incentive payment after December 31, 2025.

      (c) Reporting requirements for each utility that participates in the Program, which must include, without limitation, periodic reports of the average installed cost of the wind energy system, the cost to the utility of carrying out the Program and the effect of the Program on the rates paid by customers of the utility.

      (d) The procedure for claiming incentives, including, without limitation, the form and content of the incentive claim form.

      (e) The period for accepting applications, which must include a period during which a utility must accept additional applications if a previously approved applicant fails to install and energize a wind energy system within the time allowed by NRS 701B.615.

 


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      (f) The total incentive paid to a participant in the Program, which must not exceed 50 percent of the total installed cost of the wind energy system of the participant.

      (g) A requirement that an authorized representative of any public entity participating in the Program, including participation through a third-party ownership structure, must provide the identifying number described in NRS 338.013 for such project and certify in the application and upon final completion of the wind energy system that the public entity has complied with all applicable requirements of this chapter and chapter 338 of NRS.

      (h) A process pursuant to which the utility shall transmit to the Commission for inclusion in the public records of the Commission a copy of any application by a public entity or any related material requested by the Commission which includes any redacted personal identifying information of a customer.

      2.  A contract that is executed between a utility and a participant on or before December 31, 2021, providing for the payment to the participant of an incentive pursuant to subparagraph (2) of paragraph (b) of subsection 1 may provide for the continued payment of such an incentive after December 31, 2021, subject to the limitations prescribed by section 3 of this act and in accordance with regulations adopted by the Commission.

      Sec. 15. NRS 701B.610 is hereby amended to read as follows:

      701B.610  1.  On or before February 1, 2008, and on or before February 1 of each year thereafter, each utility shall file with the Commission its annual plan for carrying out and administering the Wind Demonstration Program within its service area . [for the following program year.]

      2.  On or before July 1, 2008, and on or before July 1 of each year thereafter, the Commission shall:

      (a) Review the annual plan filed by each utility for compliance with the requirements established by regulation; and

      (b) Approve the annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Program.

      Sec. 16. NRS 701B.615 is hereby amended to read as follows:

      701B.615  1.  An applicant who wishes to participate in the Wind Demonstration Program must submit an application to a utility.

      2.  After reviewing an application submitted pursuant to subsection 1 and ensuring that the applicant meets the qualifications and requirements to be eligible to participate in the Program, a utility may select the applicant for participation in the Program.

      3.  Not later than 30 days after the date on which the utility selects an applicant, the utility shall provide written notice of the selection to the applicant.

      4.  After the utility selects an applicant to participate in the Program, the utility may approve the wind energy system proposed by the applicant. Upon the utility’s approval of the wind energy system:

      (a) The utility shall provide to the applicant notice of the approval and the amount of incentive for which the wind energy system is eligible; and

      (b) The applicant may install and energize the wind energy system.

      5.  Upon the completion of the installation and energizing of the wind energy system, the participant must submit to the utility an incentive claim form and any supporting information, including, without limitation, a verification of the installed cost of the project and a calculation of the expected system output.

 


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form and any supporting information, including, without limitation, a verification of the installed cost of the project and a calculation of the expected system output.

      6.  Upon receipt of the incentive claim form and verification that the wind energy system is properly connected, the utility shall issue an incentive payment to the participant.

      7.  The amount of the incentive for which an applicant is eligible must be determined on the date on which the applicant is selected for participation in the Wind Demonstration Program, except that an applicant forfeits eligibility for that amount of incentive if the applicant withdraws from participation in the Program or does not complete the installation of the wind energy system within 12 months after the date on which the applicant is selected for participation in the Program. [An applicant who forfeits eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the installation of the wind energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the installation of the wind energy system.]

      Sec. 17. NRS 701B.650 is hereby amended to read as follows:

      701B.650  [If] To be eligible for an incentive through the Wind Demonstration Program, a wind energy system [used by a participant in the Wind Demonstration Program meets] must meet the requirements [of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate] for participation in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 18. NRS 701B.840 is hereby amended to read as follows:

      701B.840  The Commission shall adopt regulations that establish:

      1.  The capacity goals for the Program, which must [be designed to meet the goal of the Legislature of the installation of not less than 5 megawatts of waterpower energy systems in this State by 2016 and the goals for each category of the Program. The regulations must] provide that not less than 1 megawatt of capacity [must] be set aside for the installation of waterpower energy systems with a nameplate capacity of 100 kilowatts or less.

      2.  A system of incentives for waterpower energy systems with a nameplate capacity of not more than 500 kilowatts.

      3.  A system of incentives that are based on rebates that decline as the capacity goals for the Program [and the goals for each category of the Program] are met. The rebates must be based on predicted energy savings.

      [3.] 4.  The procedure for claiming incentives, including, without limitation, the form and content of the incentive claim form.

      Sec. 19. NRS 701B.850 is hereby amended to read as follows:

      701B.850  1.  [On] Each year on or before [February 21, 2008, and on or before February 1 of each subsequent year,] a date established by the Commission, each utility shall file with the Commission [for approval an] the utility’s annual plan for [the administration and delivery of] carrying out and administering the Waterpower Demonstration Program in its service area for the [program year beginning July 1, 2008, and each subsequent year thereafter.] immediately following 12-month period prescribed by the Commission.

      2.  [On or before July 1, 2008, and on or before each July 1 of each subsequent year, the] The Commission shall [review] :

 


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      (a) Review the annual plan for compliance with the requirements [set forth] established by regulation of the Commission [.] ; and

      (b) Approve the annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Program.

      Sec. 20. NRS 701B.865 is hereby amended to read as follows:

      701B.865  1.  An applicant who wishes to participate in the Waterpower Demonstration Program must submit an application to a utility.

      2.  After reviewing an application submitted pursuant to subsection 1 and ensuring that the applicant meets the qualifications and requirements to be eligible to participate in the Program, a utility may select the applicant for participation in the Program.

      3.  Not later than 30 days after the date on which the utility selects an applicant, the utility shall provide written notice of the selection to the applicant.

      4.  After the utility selects an applicant to participate in the Program, the utility may approve the waterpower energy system proposed by the applicant. Upon the utility’s approval of the waterpower energy system:

      (a) The utility shall provide to the applicant notice of the approval and the amount of incentive for which the waterpower energy system is eligible; and

      (b) The applicant may construct the waterpower energy system.

      5.  Upon the completion of the construction of a waterpower energy system, the participant must submit to the utility an incentive claim form and any supporting information, including, without limitation, a verification of the installed cost of the project and a calculation of the expected system output.

      6.  Upon receipt of the incentive claim form and verification that the waterpower energy system is properly connected, the utility shall issue an incentive payment to the participant.

      7.  The amount of the incentive for which an applicant is eligible must be determined on the date on which the applicant is selected for participation in the Waterpower Demonstration Program, except that :

      (a) An applicant forfeits eligibility for that amount of incentive if the applicant withdraws from participation in the Program or does not complete the construction of the waterpower energy system within 12 months after the date on which the applicant is selected for participation in the Program [An applicant who forfeits eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the construction of the waterpower energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the construction of the waterpower energy system.] ; and

      (b) No payment may be made by a utility after December 31, 2025, or made if such payment would otherwise cause the utility to exceed the limitations prescribed by section 3 of this act.

      8.  The total incentive paid to a participant in the Waterpower Demonstration Program must not exceed 50 percent of the total installed cost of the waterpower energy system of the participant.

      9.  An authorized representative of any public entity participating in the Waterpower Demonstration Program, including participation through a third-party ownership structure, shall provide the identifying number described in NRS 338.013 for such project and certify in the application and upon final completion of the waterpower energy system that the public entity has complied with all applicable requirements of this chapter and chapter 338 of NRS.

 


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a third-party ownership structure, shall provide the identifying number described in NRS 338.013 for such project and certify in the application and upon final completion of the waterpower energy system that the public entity has complied with all applicable requirements of this chapter and chapter 338 of NRS.

      10.  The Commission shall adopt regulations prescribing a process pursuant to which the utility must transmit to the Commission for inclusion in the public records of the Commission a copy of any application by a public entity or any related material requested by the Commission with any redacted personal identifying information of a customer.

      Sec. 21. NRS 701B.880 is hereby amended to read as follows:

      701B.880  [If] To be eligible for an incentive through the Waterpower Demonstration Program, the waterpower energy system [used by a participant in the Waterpower Demonstration Program meets] must meet the requirements [of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate] for participation in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 21.3. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each electric utility in this State shall create a Lower Income Solar Energy Pilot Program for the purpose of installing, before January 1, 2017, distributed generation systems with a cumulative capacity of at least 1 megawatt at locations throughout its service territory which benefit low-income customers, including, without limitation, homeless shelters, low-income housing developments and schools with significant populations of low-income pupils. Each electric utility shall submit the Program as part of its annual plan submitted pursuant to NRS 701B.230. The Commission shall approve the Program with such modifications and upon such terms and conditions as the Commission deems necessary or appropriate to enable the Program to meet the purposes set forth in this subsection.

      2.  The Office of Energy shall advise the Commission and each electric utility regarding grants and other sources of money available to defray the costs of the Program.

      3.  As used in this section, “distributed generation system” has the meaning ascribed to it in NRS 701B.055.

      Secs. 22 and 23. (Deleted by amendment.)

      Sec. 24. NRS 704.773 is hereby amended to read as follows:

      704.773  1.  A utility shall offer net metering, as set forth in NRS 704.775, to the customer-generators operating within its service area until the cumulative capacity of all net metering systems operating in this State is equal to [2] 3 percent of the total peak capacity of all utilities in this State.

      2.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility:

      (a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.

      (b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

      (c) [Shall] Except as otherwise provided in subsection 5, shall not charge a customer-generator any fee or charge that would increase the customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

 


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customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

      3.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility:

      (a) May require the customer-generator to install at its own cost:

             (1) An energy meter that is capable of measuring generation output and customer load; and

             (2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.

      (b) Except as otherwise provided in paragraph (c) [,] and subsection 5, may charge the customer-generator any applicable fee or charge charged to other customers of the utility in the same rate class as the customer-generator, including, without limitation, customer, demand and facility charges.

      (c) Shall not charge the customer-generator any standby charge.

Ê At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by this subsection to pay the entire cost of the installation or upgrade of the portion of the net metering system.

      4.  If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and:

      (a) The system is intended primarily to offset part or all of the customer-generator’s requirements for electricity on property contiguous to the property on which the net metering system is located; and

      (b) The customer-generator sells or transfers his or her interest in the contiguous property,

Ê the net metering system ceases to be eligible to participate in net metering.

      5.  A utility shall assess against a customer-generator:

      (a) If applicable, the universal energy charge imposed pursuant to NRS 702.160; and

      (b) Any charges imposed pursuant to chapter 701B of NRS or NRS 704.7827 or 704.785 which are assessed against other customers in the same rate class as the customer-generator.

Ê For any such charges calculated on the basis of a kilowatt-hour rate, the customer-generator must only be charged with respect to kilowatt-hours of energy delivered by the utility to the customer-generator.

      6.  The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:

      (a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:

             (1) Metering equipment;

             (2) Net energy metering and billing; and

             (3) Interconnection,

Ê based on the allowable size of the net metering system.

      (b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.

 


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      (c) A timeline for processing applications and contracts for net metering applicants.

      (d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 25. (Deleted by amendment.)

      Sec. 25.1.  Chapter 218E of NRS is hereby amended by adding thereto the provisions set forth as sections 25.2 to 25.45, inclusive, of this act.

      Sec. 25.2.  As used in sections 25.2 to 25.45, inclusive, of this act, unless the context otherwise requires, “Committee” means the Legislative Committee on Energy.

      Sec. 25.25.  1.  The Legislative Committee on Energy, consisting of six legislative members, is hereby created. The membership of the Committee consists of:

      (a) Three members appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party.

      (b) Three members appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party.

      2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

      3.  The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The office of Chair of the Committee must alternate each biennium between the Houses. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      4.  A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes.

      5.  A vacancy on the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      Sec. 25.3.  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

      2.  The Director or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

      3.  Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      4.  Except during a regular or special session, for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the business of the Committee, the member is entitled to receive the:

      (a) Compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

 


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      5.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      Sec. 25.4.  1.  The Committee may:

      (a) Evaluate, review and comment upon matters related to energy policy within this State, including, without limitation:

             (1) Policies, plans or programs relating to the production, consumption or use of energy in this State;

             (2) Legislative measures regarding energy policy;

             (3) The effect of any policy, plan, program or legislation on rates or rate payers;

             (4) The effect of any policy, plan, program or legislation on economic development in this State;

             (5) The effect of any policy, plan, program or legislation on the environment;

             (6) Any contracts or requests for proposals relating to the purchase of capacity;

             (7) The effect of any policy, plan, program or legislation which provides for the construction or acquisition of facilities for the generation of electricity;

             (8) The effect of any policy, plan, program or legislation on the development of a market in this State for electricity generated from renewable energy;

             (9) The infrastructure and transmission requirements of any policy, plan, program or legislation; and

             (10) Any other matters or topics that, in the determination of the Committee, affect energy policy in this State.

      (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.

      (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.

      (d) Make recommendations to the Legislature concerning the manner in which energy policy may be implemented or improved.

      2.  As used in this section, “renewable energy” has the meaning ascribed to it in NRS 701.070.

      Sec. 25.45.  1.  If the Committee conducts investigations or holds hearings pursuant to paragraph (b) of subsection 1 of section 25.4 of this act:

      (a) The Secretary of the Committee or, in the Secretary’s absence, a member designated by the Committee may administer oaths.

      (b) The Secretary or Chair of the Committee may cause the deposition of witnesses, residing either within or without the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The Chair of the Committee may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, accounts, department records and other documents.

      2.  If any witness fails or refuses to attend or testify or to produce the books, papers, accounts, department records or other documents required by the subpoena, the Chair of the Committee may report the failure or refusal to the district court by a petition which:

 

 


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      (a) Sets forth that:

             (1) Due notice has been given of the time and place of the attendance of the witness or the production of the required books, papers, accounts, department records or other documents;

             (2) The witness has been subpoenaed by the Committee pursuant to this section; and

             (3) The witness has failed or refused to attend or testify or to produce the books, papers, accounts, department records or other documents required by the subpoena before the Committee named in the subpoena; and

      (b) Asks for an order of the court compelling the witness to attend and testify or to produce the required books, papers, accounts, department records or other documents before the Committee.

      3.  Upon such a petition, the court shall:

      (a) Enter an order directing the witness:

             (1) To appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order; and

             (2) To show cause why the witness has not attended or testified or produced the required books, papers, accounts, department records or other documents before the Committee; and

      (b) Serve a certified copy of the order upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness:

      (a) Must appear before the Committee at the time and place fixed in the order;

      (b) Must testify or produce the required books, papers, accounts, department records or other documents; and

      (c) Upon failure to obey the order, must be dealt with as for contempt of court.

      Sec. 25.5. NRS 228.390 is hereby amended to read as follows:

      228.390  1.  Except as otherwise provided in NRS 704.110 and 704.7561 to 704.7595, inclusive:

      [1.](a) The Consumer’s Advocate has sole discretion to represent or refrain from representing the public interest and any class of customers in any proceeding.

      [2.](b) In exercising such discretion, the Consumer’s Advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his or her participation.

      [3.](c) If the Consumer’s Advocate determines that there would be a conflict between the public interest and any particular class of customers or any inconsistent interests among the classes of customers involved in a particular matter, the Consumer’s Advocate may choose to represent one of the interests, to represent no interest, or to represent one interest through his or her office and another or others through outside counsel engaged on a case basis.

      (d) If the Consumer’s Advocate declines to represent the public interest in a proceeding to review a proposed rate of an electric utility, the Consumer’s Advocate shall publish a report in support of the decision to decline such representation and make the report available to the public at the Bureau of Consumer Protection and on the Internet website maintained by the Bureau of Consumer Protection.

 


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the Bureau of Consumer Protection and on the Internet website maintained by the Bureau of Consumer Protection. The report must:

             (1) Identify each element of the public interest, as may be applicable to the proceeding to review a proposed rate; and

             (2) Specify the manner in which each element of the public interest, as identified pursuant to subparagraph (1), is sufficiently represented.

      2.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 25.55.  Section 25.4 of this act is hereby amended to read as follows:

       Sec. 25.4.  1.  The Committee may:

       (a) Evaluate, review and comment upon matters related to energy policy within this State, including, without limitation:

             (1) Policies, plans or programs relating to the production, consumption or use of energy in this State;

             (2) Legislative measures regarding energy policy;

             (3) The progress made by this State in satisfying the goals and objectives of Senate Bill No. 123 of the 77th Session of the Nevada Legislature;

             (4) The effect of any policy, plan, program or legislation on rates or rate payers;

             [(4)] (5) The effect of any policy, plan, program or legislation on economic development in this State;

             [(5)] (6) The effect of any policy, plan, program or legislation on the environment;

             [(6)] (7) Any contracts or requests for proposals relating to the purchase of capacity;

             [(7)] (8) The effect of any policy, plan, program or legislation which provides for the construction or acquisition of facilities for the generation of electricity;

             [(8)] (9) The effect of any policy, plan, program or legislation on the development of a market in this State for electricity generated from renewable energy;

             [(9)] (10) The infrastructure and transmission requirements of any policy, plan, program or legislation; and

             [(10)] (11) Any other matters or topics that, in the determination of the Committee, affect energy policy in this State.

       (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.

       (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.

       (d) Make recommendations to the Legislature concerning the manner in which energy policy may be implemented or improved.

       2.  As used in this section, “renewable energy” has the meaning ascribed to it in NRS 701.070.

      Sec. 25.6. Section 113 of chapter 509, Statutes of Nevada 2007, as last amended by section 49 of chapter 412, Statutes of Nevada 2011, at page 2562, is hereby amended to read as follows:

       Sec. 113.  1.  This act becomes effective:

       (a) Upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and

 


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       (b) For all other purposes besides those described in paragraph (a):

             (1) For this section and sections 1, 30, 32, 36 to 46, inclusive, 49, 51 to 61, inclusive, 107, 109, 110 and 111 of this act, upon passage and approval.

             (2) For sections 1.5 to 29, inclusive, 43.5, 47, 51.3, 51.7, 108, 112 and 112.5 of this act, on July 1, 2007.

             (3) For sections 62 to 106, inclusive, of this act, on October 1, 2007.

             (4) For sections 31, 32.3, 32.5, 32.7, 33, 34 and 35 of this act, on January 1, 2009.

             (5) For section 48 of this act, on January 1, 2010.

             (6) For section 50 of this act, on January 1, 2011.

       2.  Sections 62 to 75, inclusive, 77 to 82, inclusive, 85 to 94, inclusive, and 95 to 105, inclusive, of this act expire by limitation on December 31, [2021,] 2025.

      Sec. 25.7. Section 13 of chapter 246, Statutes of Nevada 2009, as last amended by section 50 of chapter 412, Statutes of Nevada 2011, at page 2563, is hereby amended to read as follows:

       Sec. 13.  1.  This act becomes effective on July 1, 2009.

       2.  Sections 2 and 3 of this act expire by limitation on December 31, [2021,] 2025.

      Sec. 25.8. Section 21 of chapter 321, Statutes of Nevada 2009, as last amended by section 51 of chapter 412, Statutes of Nevada 2011, at page 2563, is hereby amended to read as follows:

       Sec. 21.  1.  This section and sections 1 to 1.51, inclusive, 1.55 to 19.7, inclusive, and 19.9 to 20.9, inclusive, of this act become effective upon passage and approval.

       2.  Sections 1.85, 1.87, 1.92, 1.93, 1.95 and 4.3 to 9, inclusive, of this act expire by limitation on December 31, [2021,] 2025.

      Sec. 25.9. Section 54 of chapter 412, Statutes of Nevada 2011, at page 2563, is hereby amended to read as follows:

       Sec. 54.  1.  This section and sections 1, 3 to 42, inclusive, 44, 45, 46, 48 to 51, inclusive, subsection 2 of section 52 and section 53 of this act become effective upon passage and approval.

       2.  Sections 2, 43, 47 and subsection 1 of section 52 of this act become effective on January 1, [2022,] 2026.

      Sec. 26. NRS 701B.060, 701B.100, 701B.110, 701B.120, 701B.130, 701B.140, 701B.260, 701B.490 and 701B.760 are hereby repealed.

      Sec. 26.5.  1.  As soon as practicable after the effective date of this act, the Public Utilities Commission of Nevada shall open an investigatory docket to examine the comprehensive costs of and benefits from net metering in this State, including, without limitation, the costs and benefits to:

      (a) The State of Nevada;

      (b) Customer-generators who participate in net metering;

      (c) Customers of a utility who do not participate in net metering; and

      (d) Each utility which offers net metering.

      2.  The investigatory docket shall engage a knowledgeable and independent third party to analyze all factors that the Commission deems necessary to determine the costs and benefits described in subsection 1.

      3.  The following parties may participate in the investigatory docket:

      (a) Each utility in this State;

      (b) The Regulatory Operations Staff of the Commission;

 


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      (c) The Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General;

      (d) Any business operating in the State whose primary business is the installation of distributed generation systems; and

      (e) Any other interested parties.

      4.  On or before October 1, 2014, the Commission shall:

      (a) Prepare a written report of its findings and recommendations from the investigatory docket, including, without limitation, a calculation and determination of the total costs of and benefits from net metering.

      (b) Submit the written report to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Nevada Legislature.

      5.  If the report of the Commission concludes that there is a material net benefit or cost attributable to net metering, the Commission shall recommend a methodology for properly allocating and apportioning all of the costs and benefits of net metering among all persons who participate in, benefit from and pay for net metering.

      6.  As used in this section:

      (a) “Distributed generation system” has the meaning ascribed to it in NRS 701B.055.

      (b) “Net metering” has the meaning ascribed to it in NRS 704.769.

      (c) “Utility” has the meaning ascribed to it in NRS 704.772.

      Sec. 27.  The Public Utilities Commission of Nevada shall adopt regulations to carry out the amendatory provisions of this act on or before April 30, 2014. The regulations must provide for the transition to the performance-based incentive required by NRS 701B.220, as amended by section 7 of this act, NRS 701B.590, as amended by section 14 of this act, and NRS 701B.840, as amended by section 18 of this act, for the applicable participants in the Solar Energy Systems Incentive Program, the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program.

      Sec. 28.  1.  This section and sections 1 to 25, inclusive, 26 and 27 of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations or performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      (b) On January 1, 2014, for all other purposes.

      2.  Sections 25.1 to 25.45, inclusive, of this act become effective on July 1, 2013.

      3.  Section 25.55 of this act becomes effective at 12:01 a.m. on July 1, 2013, if, and only if, Senate Bill No. 123 of this session is enacted by the Legislature and becomes effective.

      4.  Sections 1 to 23, inclusive, of this act expire by limitation on December 31, 2025.

________

 

 

 

 

 

 


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CHAPTER 511, AB 435

Assembly Bill No. 435–Committee on Commerce and Labor

 

CHAPTER 511

 

[Approved: June 11, 2013]

 

AN ACT relating to insurance; revising the manner in which an assessment imposed on insurers in this State is calculated; revising requirements concerning reinsurance; exempting certain domestic insurers and prepaid limited health service organizations from a requirement to submit certain information to the Commissioner of Insurance; revising provisions governing the Nevada Life and Health Insurance Guaranty Association, the Interstate Insurance Product Regulation Compact, insurance holding companies and requirements that certain groups submit information to the Commissioner; authorizing the Commissioner to approve a person who is not an insurer, a reinsurer or a captive insurer as a sponsor of a captive insurer; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for the regulation of the business of insurance in this State, including, without limitation, kinds of insurance, assets and liabilities of insurers, holding companies, captive insurers and liability risk retention. (Chapters 681A, 681B, 686C, 687C, 692C, 694C, 695E of NRS) This bill makes various changes to those provisions.

      Existing law requires insurers authorized to transact business in this State to pay an assessment to fund a program to investigate unfair or fraudulent insurance practices. (NRS 679B.630, 679B.700) Section 1 of this bill revises the way in which this assessment is calculated.

      Sections 2-5 of this bill revise the requirements certain insurers must meet in order to be allowed credit when assuming reinsurance. Section 6 of this bill authorizes the Commissioner of Insurance to exempt certain domestic insurers and prepaid limited health service organizations from the requirement to prepare and submit to the Commissioner a report of the level of risk-based capital of the insurer at the end of the immediately preceding calendar year.

      Existing law requires all insurers who provide life and health insurance in this State to maintain membership in the Nevada Life and Health Insurance Guaranty Association and requires the Association to cover the policies and contracts of an insolvent insurer. (NRS 686C.130, 686C.152) Section 7 of this bill provides that the Association is not required to cover certain policies and contracts for health care benefits pursuant to Medicare. Section 8 of this bill revises the amounts of certain benefits the Association is required to cover.

      Under existing law, this State prospectively opts out of all uniform standards adopted by the Interstate Insurance Product Regulation Commission involving long-term care insurance products. (NRS 687C.030) Section 9 of this bill deletes the prospective opt-out of this State. Section 12 of this bill enacts certain requirements concerning the corporate governance of a domestic insurer.

      Section 13 of this bill authorizes the Commissioner to convene a supervisory college, which is a forum for communication and cooperation between regulators, to ascertain the financial condition or legality of the conduct of certain insurers. Sections 15 and 16 of this bill revise provisions relating to the investments of a domestic insurer. Sections 17-21 of this bill revise provisions governing the acquisition of an insurer. Sections 22 and 23 of this bill require an insurer to submit certain information to the Commissioner concerning the insurer’s general financial condition and corporate governance. Sections 24 and 25 of this bill revise provisions governing transactions by registered insurers with their affiliates.

 


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      Section 27 of this bill revises the method used to determine whether a dividend or distribution may be paid without requesting approval from the Commissioner. Section 28 of this bill revises provisions governing the authority of the Commissioner to examine an insurer. Sections 28.5 and 28.6 of this bill authorize the Commissioner to approve a person who is not an insurer, a reinsurer or a captive insurer as a sponsor of a captive insurer. Section 29 of this bill changes the date by which certain insurers are required to submit to the Commissioner a report of the financial condition of the insurer. Sections 30-34 of this bill revise information which certain groups that conduct business concerning insurance are required to submit to the Commissioner.

 

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 679B.700 is hereby amended to read as follows:

      679B.700  1.  The Special Investigative Account is hereby established in the Fund for Insurance Administration and Enforcement created by NRS 680C.100 for use by the Commissioner. The Commissioner shall deposit all money received pursuant to this section with the State Treasurer for credit to the Account. Money remaining in the Account at the end of a fiscal year does not lapse to the State General Fund and may be used by the Commissioner in any subsequent fiscal year for the purposes of this section.

      2.  The Commissioner shall:

      (a) In cooperation with the Attorney General, biennially prepare and submit to the Governor, for inclusion in the executive budget, a proposed budget for the program established pursuant to NRS 679B.630; and

      (b) Authorize expenditures from the Special Investigative Account to pay the expenses of the program established pursuant to NRS 679B.630 and of any unit established in the Office of the Attorney General that investigates and prosecutes insurance fraud.

      3.  The money authorized for expenditure pursuant to paragraph (b) of subsection 2 must be distributed in the following manner:

      (a) Fifteen percent of the money authorized for expenditure must be paid to the Commissioner to oversee and enforce the program established pursuant to NRS 679B.630; and

      (b) Eighty-five percent of the money authorized for expenditure must be paid to the Attorney General to pay the expenses of the unit established in the Office of the Attorney General that investigates and prosecutes insurance fraud.

      4.  Except as otherwise provided in [subsections] subsection 5 , [and 6,] costs of the program established pursuant to NRS 679B.630 must be paid by the insurers authorized to transact insurance in this State. The Commissioner shall [annually determine the total cost of the program and divide that amount among the insurers pro rata based upon the total amount of premiums charged to the insureds in this State by the insurer.

      5.  The annual amount so assessed on each reinsurer that has the authority to assume only reinsurance must not exceed $500. For all other insurers subject to the annual assessment, the] collect an annual assessment from each insurer authorized to transact insurance in this State. The annual amount so assessed to each insurer:

 


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      (a) [Must not exceed] Is $500, if the total amount of the premiums charged to insureds in this State by the insurer is less than $100,000 [;] or if the insurer is a reinsurer that has the authority to assume only reinsurance;

      (b) [Must not exceed] Is $750, if the total amount of the premiums charged to insureds in this State by the insurer is $100,000 or more, but less than $1,000,000;

      (c) [Must not exceed] Is $1,000, if the total amount of the premiums charged to insureds in this State by the insurer is $1,000,000 or more, but less than $10,000,000;

      (d) [Must not exceed] Is $1,500, if the total amount of the premiums charged to insureds in this State by the insurer is $10,000,000 or more, but less than $50,000,000; and

      (e) [Must not exceed] Is $2,000, if the total amount of the premiums charged to insureds in this State by the insurer is $50,000,000 or more.

      [6.]5.  The provisions of this section do not apply to an insurer who provides only workers’ compensation insurance and pays the assessment provided in NRS 232.680.

      [7.]6.  The Commissioner shall adopt regulations to carry out the provisions of this section, including, without limitation, the [calculation and] collection of the assessment.

      [8.]7.  As used in this section, “reinsurer” has the meaning ascribed to it in NRS 681A.370.

      Sec. 2. NRS 681A.140 is hereby amended to read as follows:

      681A.140  As used in NRS 681A.140 to 681A.240, inclusive, “qualified financial institution in the United States” means an institution that:

      1.  Is organized, or in the case of a branch or agency of a foreign banking organization in the United States licensed, under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; [and]

      2.  Is regulated, supervised and examined by federal or state authorities having regulatory authority over banks and trust companies [.] ;

      3.  Is determined:

      (a) By the Commissioner to meet the standards of financial condition and standing prescribed by the Commissioner; or

      (b) By the National Association of Insurance Commissioners to meet the standards of financial condition and standing prescribed by the National Association of Insurance Commissioners; and

      4.  Is determined by the Commissioner to be otherwise acceptable.

      Sec. 3. NRS 681A.160 is hereby amended to read as follows:

      681A.160  1.  Except as otherwise provided in subsection 2, credit must be allowed if reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this state. An accredited reinsurer is one which:

      (a) Files with the Commissioner an executed form approved by the Commissioner as evidence of its submission to this state’s jurisdiction;

      (b) Submits to this state’s authority to examine its books and records;

      (c) Files with the Commissioner a certified copy of a certificate of authority or other evidence approved by the Commissioner indicating that it is licensed to transact insurance or reinsurance in at least one state, or in the case of a branch in the United States of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance in at least one state;

 


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      (d) Files annually with the Commissioner a copy of its annual statement filed with the Division of its state of domicile or entry and a copy of its most recent audited financial statement;

      (e) Maintains a surplus as regards policyholders in an amount which is [not] :

             (1) Not less than $20,000,000 and whose accreditation [:

             (1) Has] has not been denied by the Commissioner within 90 days after its submission; or

             (2) [Has] Less than $20,000,000 and whose accreditation has been approved by the Commissioner; and

      (f) Pays all applicable fees, including, without limitation, all applicable fees required pursuant to NRS 680C.110.

      2.  No credit may be allowed for a domestic ceding insurer if the assuming insurer’s accreditation has been revoked by the Commissioner after notice and a hearing.

      Sec. 4. NRS 681A.180 is hereby amended to read as follows:

      681A.180  1.  Except as otherwise provided in subsection 4, credit must be allowed if reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified financial institution in the United States for the payment of the valid claims of its policyholders and ceding insurers in the United States, their assigns and successors in interest. The assuming insurer shall [report] :

      (a) Report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners’ form of annual statement by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund [.] ; and

      (b) Submit to the authority of the Commissioner to examine its books and records.

      2.  In the case of a single assuming insurer, the trust must consist of an account in trust equal to the assuming insurer’s liabilities attributable to business written in the United States and the assuming insurer shall maintain a surplus in trust of not less than $20,000,000.

      3.  In the case of a group of incorporated and individual unincorporated underwriters [, the] :

      (a) The trust must consist of an account in trust equal to the group’s liabilities attributable to business written in the United States . [and the]

      (b) The group shall [maintain] :

             (1) Maintain a surplus in trust of which $100,000,000 must be held jointly for the benefit of ceding insurers in the United States to any member of the group ; [,] and [the group shall make]

             (2) Make available to the Commissioner an annual certification of the solvency of each underwriter by the group’s domiciliary regulator and its independent public accountants.

      (c) The incorporated members of the group:

             (1) Shall not engage in any business other than underwriting as a member of the group; and

             (2) Must be subject to the same level of regulation and solvency control by the applicable regulatory agency of the state in which the group is domiciled as the individual unincorporated members of the group.

 


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      4.  If the assuming insurer does not meet the requirements of NRS 681A.110, 681A.160 or 681A.170, credit must not be allowed unless the assuming insurer has agreed to the following conditions set forth in the trust agreement:

      (a) Notwithstanding any provision to the contrary in the trust instrument, if the trust fund consists of an amount that is less than the amount required pursuant to this section, or if the grantor of the trust fund is declared to be insolvent or placed into receivership, rehabilitation, liquidation or a similar proceeding in accordance with the laws of the grantor’s state or country of domicile, the trustee of the trust fund must comply with an order of the commissioner of insurance or other appropriate person with regulatory authority over the trust fund in that state or country or a court of competent jurisdiction requiring the trustee to transfer to that commissioner or person all the assets of the trust fund;

      (b) The assets of the trust fund must be distributed by and claims filed with and valued by the commissioner of insurance or other appropriate person with regulatory authority over the trust fund in accordance with the laws of the state in which the trust fund is domiciled that are applicable to the liquidation of domestic insurers in that state;

      (c) If the commissioner of insurance or other appropriate person with regulatory authority over the trust fund determines that the assets of the trust fund or any portion of the trust fund are not required to satisfy any claim of any ceding insurer of the grantor of the trust fund in the United States, the assets must be returned by that commissioner or person to the trustee of the trust fund for distribution in accordance with the trust agreement; and

      (d) The grantor of the trust must waive any right that:

             (1) Is otherwise available to the grantor under the laws of the United States; and

             (2) Is inconsistent with the provisions of this subsection.

      Sec. 5. NRS 681A.240 is hereby amended to read as follows:

      681A.240  A reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of NRS 681A.110 or the regulations of the Commissioner concerning risk-based capital must be allowed in an amount not exceeding the liabilities carried by the ceding insurer and the reduction must be in the amount of assets held by or on behalf of the ceding insurer, including assets held in trust for the ceding insurer, under a contract of reinsurance with the assuming insurer as security for the payment of obligations thereunder, if the security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer, or, in the case of a trust, held in a qualified financial institution in the United States. The security may be in any of the following forms:

      1.  Cash.

      2.  Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets.

      3.  Irrevocable, unconditional letters of credit, each issued or confirmed by a qualified financial institution in the United States [which has been determined by the Commissioner, or the Securities Valuation Office of the National Association of Insurance Commissioners, to meet such standards of financial condition and standing as are considered necessary or appropriate to regulate the quality of financial institutions] whose letters of credit are acceptable to the Commissioner, no later than December 31 of the year for which filing is made, and in the possession of the ceding company on or before the date of filing its annual statement.

 


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which filing is made, and in the possession of the ceding company on or before the date of filing its annual statement. A letter of credit meeting applicable standards of acceptability of its issuer as of the date of its issuance or confirmation, notwithstanding the issuing or confirming institution’s subsequent failure to meet applicable standards of acceptability, continues to be acceptable as security until its expiration, extension, renewal, modification or amendment, whichever first occurs.

      4.  Any other form of security acceptable to the Commissioner.

      Sec. 6. NRS 681B.290 is hereby amended to read as follows:

      681B.290  1.  Except as otherwise provided in subsection 3, on or before March 1 of each year, each domestic insurer, and each foreign insurer domiciled in a state which does not have requirements for reporting risk-based capital, that transacts property, casualty, life or health insurance in this state shall prepare and submit to the Commissioner, and to each person designated by the Commissioner, a report of the level of the risk-based capital of the insurer as of the end of the immediately preceding calendar year. The report must be in such form and contain such information as required by the regulations adopted by the Commissioner pursuant to this section.

      2.  The Commissioner shall adopt regulations concerning the amount of risk-based capital required to be maintained by each insurer licensed to do business in this state that is transacting property, casualty, life or health insurance in this state. The regulations must be consistent with the instructions for reporting risk-based capital adopted by the National Association of Insurance Commissioners, as those instructions existed on January 1, 1997. If the instructions are amended, the Commissioner may amend the regulations to maintain consistency with the instructions if the Commissioner determines that the amended instructions are appropriate for use in this state.

      3.  The Commissioner may exempt from the provisions of this section [a] :

      (a) A domestic insurer who:

      [(a)](1) Does not transact insurance in any other state; [and]

      [(b)](2) Does not assume reinsurance that is more than 5 percent of the direct premiums written by the insurer [.] ; and

            (3) Writes annual premiums of not more than $2,000,000.

      (b) A prepaid limited health service organization that provides or arranges for the provision of limited health services to fewer than 1,000 enrollees.

      4.  As used in this section, “prepaid limited health service organization” has the meaning ascribed to it in NRS 695F.050.

      Sec. 7. NRS 686C.035 is hereby amended to read as follows:

      686C.035  1.  This chapter does not provide coverage for:

      (a) A portion of a policy or contract not guaranteed by the insurer, or under which the risk is borne by the owner of the policy or contract.

      (b) A policy or contract of reinsurance unless assumption certificates have been issued pursuant to that policy or contract.

      (c) A portion of a policy or contract to the extent that the rate of interest on which it is based, or the interest rate, crediting rate or similar factor determined by the use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value:

 


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             (1) Averaged over the period of 4 years before the date on which the association becomes obligated with respect to the policy or contract, exceeds the rate of interest determined by subtracting 2 percentage points from Moody’s Corporate Bond Yield Average averaged for the same period, or for the period between the date of issuance of the policy or contract and the date the association became obligated, whichever period is less; and

             (2) On or after the date on which the association becomes obligated with respect to the policy or contract, exceeds the rate of interest determined by subtracting 3 percentage points from Moody’s Corporate Bond Yield Average as most recently available.

      (d) A portion of a policy or contract issued to a plan or program of an employer, association or other person to provide life, health or annuity benefits to its employees, members or other persons to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association or other person under:

             (1) A multiple employer welfare arrangement described in 29 U.S.C. § [1144;] 1002(40);

             (2) A minimum-premium group insurance plan;

             (3) A stop-loss group insurance plan; or

             (4) A contract for administrative services only.

      (e) A portion of a policy or contract to the extent that it provides for dividends, credits for experience, voting rights or the payment of any fee or allowance to any person, including the owner of a policy or contract, for services or administration connected with the policy or contract.

      (f) A policy or contract issued in this state by a member insurer at a time when the member insurer was not authorized to issue the policy or contract in this state.

      (g) A portion of a policy or contract to the extent that the assessments required by NRS 686C.230 with respect to the policy or contract are preempted by federal law.

      (h) An obligation that does not arise under the express written terms of the policy or contract issued by the insurer, including:

             (1) Claims based on marketing materials;

             (2) Claims based on side letters or other documents that were issued by the insurer without satisfying applicable requirements for filing or approval of policy forms;

             (3) Misrepresentations of or regarding policy benefits;

             (4) Extra-contractual claims; or

             (5) A claim for penalties or consequential or incidental damages.

      (i) A contractual agreement that establishes the member insurer’s obligation to provide a guarantee based on accounting at book value for participants in a defined-contribution benefit plan by reference to a portfolio of assets owned by the benefit plan or its trustee, which in each case is not an affiliate of the member insurer.

      (j) A portion of a policy or contract to the extent that it provides for interest or other changes in value which are determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the rights of the owner of the policy or contract are subject to forfeiture, determined on the date the member insurer becomes an impaired or insolvent insurer, whichever occurs first. If the interest or changes in value of a policy or contract are credited less frequently than annually, for the purpose of determining the values that have been credited and are not subject to forfeiture, the interest or change in value determined by using procedures stated in the policy or contract must be credited as if the contractual date for crediting interest or changing values was the date of the impairment or insolvency of the insured member, whichever occurs first and is not subject to forfeiture.

 


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determining the values that have been credited and are not subject to forfeiture, the interest or change in value determined by using procedures stated in the policy or contract must be credited as if the contractual date for crediting interest or changing values was the date of the impairment or insolvency of the insured member, whichever occurs first and is not subject to forfeiture.

      (k) An unallocated annuity contract other than an annuity owned by a governmental retirement plan established under section 401, 403(b) or 457 of the Internal Revenue Code, 26 U.S.C. §§ 401, 403(b) and 457, respectively, or the trustees of such a plan.

      (l) A policy or contract providing any hospital, medical, prescription drug or other health care benefits pursuant to 42 U.S.C. §§ 1395w-21 et seq. and 1395w-101 et seq., and any regulations adopted pursuant thereto.

      2.  As used in this section, “Moody’s Corporate Bond Yield Average” means the monthly average for corporate bonds published by Moody’s Investors Service, Inc., or any successor average.

      Sec. 8. NRS 686C.210 is hereby amended to read as follows:

      686C.210  1.  The benefits that the Association may become obligated to cover may not exceed the lesser of:

      (a) The contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer;

      (b) With respect to one life, regardless of the number of policies or contracts:

             (1) Three hundred thousand dollars in death benefits from life insurance, but not more than $100,000 in net cash for surrender and withdrawal for life insurance; or

             (2) [One] Two hundred fifty thousand dollars in the present value of benefits from annuities, including net cash for surrender and withdrawal;

      (c) With respect to health insurance for any one [natural person:] life:

             (1) One hundred thousand dollars for coverages other than disability insurance, long-term care insurance, basic hospital, medical and surgical insurance or major medical insurance, including any net cash for surrender or withdrawal;

             (2) Three hundred thousand dollars for disability insurance or long-term care insurance; or

             (3) Five hundred thousand dollars for basic hospital, medical and surgical insurance or major medical insurance;

      (d) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if deceased, [$100,000] $250,000 in present value of benefits from the annuity in the aggregate, including any net cash for surrender or withdrawal; or

      (e) With respect to each participant in a governmental retirement plan covered by an unallocated annuity contract which is owned by a governmental retirement plan established under section 401, 403(b) or 457 of the Internal Revenue Code, 26 U.S.C. §§ 401, 403(b) and 457, respectively, or the trustees of such a plan, and which is approved by the Commissioner, an aggregate of [$100,000,] $250,000 in present-value annuity benefits, including the value of net cash for surrender and net cash for withdrawal, regardless of the number of contracts.

      2.  In no event is the Association obligated to cover more than:

      (a) With respect to any one life or person under paragraphs (b) [and (c)] to (e), inclusive, of subsection 1:

 


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             (1) An aggregate of $300,000 in benefits, excluding benefits for basic hospital, medical and surgical insurance or major medical insurance; or

             (2) An aggregate of $500,000 in benefits, including benefits for basic hospital, medical and surgical insurance or major medical insurance.

      (b) With respect to one owner of several nongroup policies of life insurance, whether the owner is a natural person or an organization and whether the persons insured are officers, managers, employees or other persons, more than $5,000,000 in benefits, regardless of the number of policies and contracts held by the owner.

      3.  The limitations set forth in this section are limitations on the benefits for which the Association is obligated before taking into account its rights to subrogation or assignment or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies. The cost of the Association’s obligations under this chapter may be met by the use of assets attributable to covered policies, or reimbursed to the Association pursuant to its rights to subrogation or assignment.

      4.  In performing its obligation to provide coverage under NRS 686C.150 and 686C.152, the Association need not guarantee, assume, reinsure or perform, or cause to be guaranteed, assumed, reinsured or performed, the contractual obligations of the impaired or insolvent insurer under a covered policy or contract which do not materially affect the economic value or economic benefits of the covered policy or contract.

      Sec. 9. NRS 687C.030 is hereby amended to read as follows:

      687C.030  1.  It is the policy of this State to opt out of and the Commissioner of Insurance shall by regulation opt out of any uniform standard adopted by the Interstate Insurance Product Regulation Commission which provides less protection than a law of this State or otherwise diminishes the rights of policyholders and persons applying for a policy of insurance in this State.

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

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

      Sec. 10. Chapter 692C of NRS is hereby amended by adding thereto the provisions set forth as sections 11, 12 and 13 of this act.

      Sec. 11. “Enterprise risk” means any activity, circumstance, event or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect on the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, without limitation, any activity, circumstance, event or series of events that may cause:

      1.  The risk-based capital of the insurer to fall below the minimum amount of risk-based capital required by regulations adopted pursuant to NRS 681B.290; or

      2.  The insurer to be in a hazardous financial condition as set forth in regulations adopted pursuant to NRS 680A.205.

 


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      Sec. 12. 1.  If a domestic insurer is under the control of a foreign person, the officers and directors of the domestic insurer are not relieved of any obligations or liabilities to which they are subject by law. The domestic insurer must be managed in a manner that ensures its separate operating identity.

      2.  The provisions of this section do not prohibit a registered domestic insurer and one or more other persons from having or sharing common management, participating as a cooperative or sharing employees, property or services in a manner authorized under NRS 692C.360.

      3.  Except as otherwise provided in subsections 6 and 7, at least one person in any quorum for the transaction of business at any meeting of the board of directors of a registered domestic insurer or any committee thereof must be a person who is not:

      (a) An officer or employee of the domestic insurer or of any entity controlling, controlled by or under common control with the domestic insurer; or

      (b) A beneficial owner of a controlling interest in the voting stock of the domestic insurer or entity.

      4.  Except as otherwise provided in subsections 6 and 7, not less than one-third of the members of the board of directors of a registered domestic insurer and not less than one-third of the members of each committee of the board of directors of any registered domestic insurer must be persons described in subsection 3.

      5.  Except as otherwise provided in subsections 6 and 7, the board of directors of a registered domestic insurer shall establish one or more committees consisting solely of persons described in subsection 3. Each committee shall:

      (a) Nominate candidates for director for election by shareholders or policyholders;

      (b) Evaluate the performance of each principal officer of the registered domestic insurer; and

      (c) Make recommendations to the board of directors concerning the selection and compensation of each of those principal officers.

      6.  The provisions of subsections 3, 4 and 5 do not apply to a registered domestic insurer if the registered domestic insurer is controlled by an entity and the board of directors of the controlling entity and the committees thereof meet the requirements of subsections 3, 4 and 5.

      7.  A registered domestic insurer may apply to the Commissioner for a waiver of the provisions of this section if the registered domestic insurer has:

      (a) Annual direct written and assumed premiums of less than $300,000,000, excluding any premiums reinsured with:

             (1) The Federal Crop Insurance Corporation of the Risk Management Agency of the United States Department of Agriculture; and

             (2) The National Flood Insurance Program of the Federal Emergency Management Agency of the United States Department of Homeland Security; or

      (b) In any other circumstances determined by the Commissioner to warrant a waiver.

      8.  In considering whether or not to grant a waiver pursuant to subsection 7, the Commissioner may consider any relevant factors, including, without limitation:

 


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      (a) The type of business entity applying for the waiver;

      (b) The volume of business written;

      (c) The availability of persons specified in subsection 3 to serve on the board of directors; and

      (d) The ownership or organizational structure of the registered domestic insurer or controlling person thereof.

      Sec. 13. 1.  The Commissioner may, for any registered insurer who is part of an insurance holding company system with international operations, convene a supervisory college or participate in a supervisory college convened by a state, federal or international regulatory agency with authority over any insurer who is part of the insurance holding company system:

      (a) To determine whether or not the registered insurer is in compliance with the provisions of this chapter;

      (b) To assess the business strategy, financial position, legal and regulatory compliance, risk exposure, risk management and governance procedures of the registered insurer; or

      (c) As part of an examination of the registered insurer pursuant to NRS 692C.410.

      2.  In convening a supervisory college pursuant to subsection 1, the Commissioner may, without limitation:

      (a) Establish:

             (1) The membership of the supervisory college;

             (2) The functions of the supervisory college; and

             (3) The role of each regulatory agency participating in the supervisory college;

      (b) Designate a regulatory agency as supervisor of the supervisory college; and

      (c) Coordinate the activities of the supervisory college, including, without limitation:

             (1) Meetings;

             (2) Supervisory activities; and

             (3) The sharing of information among members of the supervisory college.

      3.  In convening or participating in a supervisory college pursuant to this section, the Commissioner may enter into agreements with other state, federal or international regulatory agencies concerning the governance of a supervisory college. Such an agreement must meet the confidentiality requirements of NRS 692C.420.

      4.  The provisions of this section must not be construed to:

      (a) Limit the authority of the Commissioner; or

      (b) Delegate to any supervisory college the authority of the Commissioner to regulate a registered insurer or any affiliate of a registered insurer pursuant to this title.

      5.  As used in this section, “supervisory college” means a temporary or permanent forum for communication and cooperation between regulators, including, without limitation, state, federal and international regulatory agencies which are charged with regulating and supervising an insurer.

      Sec. 14. NRS 692C.020 is hereby amended to read as follows:

      692C.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 692C.025 to 692C.110, inclusive, and section 11 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 15. NRS 692C.140 is hereby amended to read as follows:

      692C.140  In addition to making investments in common stock, preferred stock, debt obligations and other securities permitted under chapter 682A of NRS, a domestic insurer may invest:

      1.  In common stock, preferred stock, debt obligations and other securities of one or more subsidiaries, amounts which do not exceed the lesser of 10 percent of the insurer’s assets or 50 percent of its surplus as regards policyholders, if the insurer’s surplus as regards policyholders remains at a reasonable level in relation to the insurer’s outstanding liabilities and adequate to its financial needs. In calculating the amount of such investments [, the] :

      (a) Any investment in a domestic or foreign insurance subsidiary or health maintenance organization must be excluded.

      (b) The following must be included:

      [(a)](1) Total net money or other consideration expended and obligations assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of the subsidiary whether or not represented by the purchase of capital stock or issuance of other securities; and

      [(b)](2) All amounts expended in acquiring additional common stock, preferred stock, debt obligations and other securities and all contributions to the capital or surplus of a subsidiary after its acquisition or formation.

      2.  Any amount in common stock, preferred stock, debt obligations and other securities of one or more subsidiaries [,] that are engaged exclusively in or organized to engage exclusively in the ownership and management of assets which are authorized as investments of the domestic insurer, if each subsidiary agrees to limit its investments in any asset so that those investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in subsection 1 or in chapter 682A of NRS. For the purpose of this subsection, “total investment of the insurer” includes any direct investment by the insurer in an asset and the insurer’s proportionate share of any investment in an asset by any subsidiary of the insurer, which must be calculated by multiplying the amount of the subsidiary’s investment by the percentage of the insurer’s ownership of the subsidiary.

      3.  Any amount in common stock, preferred stock, debt obligations or other securities of one or more subsidiaries, with the approval of the Commissioner, if the insurer’s surplus as regards policyholders remains at a reasonable level in relation to the insurer’s outstanding liabilities and adequate to its financial needs.

      Sec. 16. NRS 692C.160 is hereby amended to read as follows:

      692C.160  Whether or not any investment made pursuant to NRS 692C.140 meets the applicable requirements thereof is to be determined [immediately after] before such investment is made [,] by calculating the applicable investment limitations as though the investment has already been made, taking into account the then outstanding principal balance on all previous investments in debt obligations, [and] the value of all previous investments in equity securities as of the date they were made [.] and the net of any return of capital invested, not including dividends.

      Sec. 17. NRS 692C.180 is hereby amended to read as follows:

      692C.180  1.  No person other than the issuer may make a tender for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire or acquire in the open market or otherwise, any voting security of a domestic insurer if, after the consummation thereof, the person would directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of the insurer, nor may any person enter into an agreement to merge with or otherwise acquire control of a domestic insurer

 


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securities for, seek to acquire or acquire in the open market or otherwise, any voting security of a domestic insurer if, after the consummation thereof, the person would directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of the insurer, nor may any person enter into an agreement to merge with or otherwise acquire control of a domestic insurer, unless, at the time any such offer, request or invitation is made or any such agreement is entered into, or before the acquisition of those securities if no offer or agreement is involved, the person has filed with the Commissioner and has sent to the insurer, and the insurer has sent to its shareholders, a statement containing the information required by NRS 692C.180 to 692C.250, inclusive, and , except as otherwise provided in subsection 4, the offer, request, invitation, agreement or acquisition has been approved by the Commissioner in the manner prescribed in this chapter.

      2.  The statement required by subsection 1 must be filed with the Commissioner at least 60 days before the proposed date of the acquisition. The statement must set forth, without limitation, the information required by NRS 692C.254. A person who fails to comply with this subsection is subject to the penalties set forth in subsections 6 and 7 of NRS 692C.258.

      3.  A person controlling a domestic insurer who is seeking to divest his or her controlling interest in the domestic insurer shall file with the Commissioner, and send to the insurer, notice of the proposed divestiture at least 30 days before the proposed divestiture, unless a statement has been filed pursuant to subsection 1 concerning the proposed transaction. Notice filed pursuant to this subsection is confidential until the conclusion, if any, of the divestiture unless the Commissioner determines that such confidentiality will interfere with the enforcement of this section.

      4.  Upon receiving a statement or notice pursuant to this section by a person seeking to acquire a controlling interest in a domestic insurer or divest a controlling interest in a domestic insurer, the Commissioner shall determine whether or not the person will be required to file for and obtain the approval of the Commissioner for the acquisition or divestiture. As soon as practicable after making that determination, the Commissioner shall notify the person of the results of the determination.

      5.  For purposes of this section, a domestic insurer includes any other person controlling a domestic insurer unless the other person is directly or through affiliates primarily engaged in a business other than the business of insurance. If a person is directly or through affiliates primarily engaged in a business other than the business of insurance, the person shall, at least 60 days before the proposed effective date of the acquisition, file a notice of intent to acquire with the Commissioner setting forth the information required by NRS 692C.254.

      6.  As used in this section, “person” does not include a securities broker who, in the regular course of business as a broker, holds less than 20 percent of the voting securities of an insurer or of any person who controls an insurer.

      Sec. 18. NRS 692C.190 is hereby amended to read as follows:

      692C.190  The statement to be filed with the Commissioner hereunder shall be made under oath or affirmation and shall contain the following:

      1.  The name and address of each person (hereinafter called the “acquiring party”) by whom or on whose behalf the merger or other acquisition of control referred to in subsection 1 of NRS 692C.180 is to be effected and, if such person is:

 


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      (a) An individual, the individual’s principal occupation and all offices and positions held by the individual during the past 5 years, and any conviction of crimes other than for minor traffic violations during the past 10 years.

      (b) Not an individual, a report of the nature of its business operations during the past 5 years or for such lesser period as such person and any predecessors thereof shall have been in existence, together with an informative description of the business intended to be done by such person and such person’s subsidiaries, and a list of all individuals who are or who have been selected to become directors or executive officers of such person or who perform or will perform functions appropriate to such positions. Such list shall include for each such individual the information required by paragraph (a).

      2.  The source, nature and amount of the consideration used or to be used in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for any such purpose, and the identity of persons furnishing such consideration, but where a source of such consideration is a loan made in the lender’s ordinary course of business, the identity of the lender shall remain confidential, if the person filing such statement so requests.

      3.  Fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding 5 fiscal years of each such acquiring party (or for such lesser period as such acquiring party and any predecessors thereof shall have been in existence), and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement.

      4.  Any plans or proposals which each acquiring party may have to liquidate such insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management.

      5.  The number of shares of any security referred to in subsection 1 of NRS 692C.180 which each acquiring party proposes to acquire, and the terms of the offer, request, invitation, agreement or acquisition referred to in subsection 1 of NRS 692C.180 and a statement as to the method by which the fairness of the proposal was determined.

      6.  The amount of each class of any security referred to in subsection 1 of NRS 692C.180 which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party.

      7.  A full description of any contracts, arrangements or understandings with respect to any security referred to in subsection 1 of NRS 692C.180 in which any acquiring party is involved, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits or the giving or withholding of proxies. Such description shall identify the persons with whom such contracts, arrangements or understandings have been made.

      8.  A description of the purchase of any security referred to in subsection 1 of NRS 692C.180 during the 12 calendar months preceding the filing of the statement by any acquiring party, including the dates of purchase, names of the purchasers and consideration paid or agreed to be paid therefor.

 


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      9.  A description of any recommendations to purchase any security referred to in subsection 1 of NRS 692C.180 made during the 12 calendar months preceding the filing of the statement by any acquiring party, or by anyone based upon interviews with or at the suggestion of such acquiring party.

      10.  Copies of all tenders, offers for, requests or invitations for tenders of, exchange offers for, and agreements to acquire or exchange any securities referred to in subsection 1, and, if distributed, additional soliciting material relating thereto.

      11.  The terms of any agreement, contract or understanding made with any broker-dealer, as to solicitation of securities referred to in subsection 1 of NRS 692C.180, for tender, and the amount of any fees, commissions or other compensation to be paid to broker-dealers with regard thereto.

      12.  Such additional information as the Commissioner may by rule or regulation prescribe as necessary or appropriate for the protection of policy holders and security holders of the insurer or for the protection of the public interest.

Ê If the person required to file the statement referred to in this section is a partnership, limited partnership, syndicate or other group, the Commissioner may require that the information required by [subsections 1 to 12, inclusive, of] this section, be given with respect to each partner of such partnership or limited partnership, each member of such syndicate or group, and each person who controls such partner or member. If any such partner, member or person is a corporation or the person required to file the statement referred to in subsection 1 of NRS 692C.180 is a corporation, the Commissioner may require that the information required by [subsections 1 to 12, inclusive, of] this section, be given with respect to such corporation, each officer and director of such corporation, and each person who is directly or indirectly the beneficial owner of more than 10 percent of the outstanding voting securities of such corporation. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to such insurer pursuant to this section, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the Commissioner and sent to such insurer within 2 business days after the person learns of such change. Such insurer shall send each such amendment to its shareholders.

      Sec. 19. NRS 692C.200 is hereby amended to read as follows:

      692C.200  If any offer, request, invitation, agreement or acquisition referred to in subsection 1 of NRS 692C.180 is proposed to be made by means of a registration statement under the Securities Act of 1933, 15 U.S.C. §§ 77a to 77aa, inclusive, or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934, 15 U.S.C. §§ [77b] 78a et seq., or under any state law requiring similar registration or disclosure, the person required to file the statement referred to in subsection 1 of NRS 692C.180 may utilize such documents in furnishing the information called for by that statement.

      Sec. 20. NRS 692C.210 is hereby amended to read as follows:

      692C.210  1.  Except as otherwise provided in [subsection] subsections 5 [,] and 7, the Commissioner shall approve any merger or other acquisition of control referred to in subsection 1 of NRS 692C.180 unless, after a public hearing thereon, the Commissioner finds that:

 


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      (a) After the change of control, the domestic insurer specified in subsection 1 of NRS 692C.180 would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;

      (b) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in this state or tend to create a monopoly;

      (c) The financial condition of any acquiring party may jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders or the interests of any remaining security holders who are unaffiliated with the acquiring party;

      (d) The terms of the offer, request, invitation, agreement or acquisition referred to in subsection 1 of NRS 692C.180 are unfair and unreasonable to the security holders of the insurer;

      (e) The plans or proposals which the acquiring party has to liquidate the insurer, sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management, are unfair and unreasonable to policyholders of the insurer or not in the public interest;

      (f) The competence, experience and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer or of the public to permit the merger or other acquisition of control;

      (g) If approved, the merger or acquisition of control would likely be harmful or prejudicial to the members of the public who purchase insurance; or

      (h) The practices of the applicant in managing claims have evidenced a pattern in which the applicant has knowingly committed, or performed with such frequency as to indicate a general business practice of:

             (1) Misrepresentation of pertinent facts or provisions of policies of insurance as they relate to coverages at issue;

             (2) Failure to affirm or deny coverage of claims within a reasonable time after written proofs of loss have been furnished; or

             (3) Failure to pay claims in a timely manner.

      2.  [The] Except as otherwise provided in subsection 7, the public hearing specified in subsection 1 must be held within [60] 30 days after the statement required by subsection 1 of NRS 692C.180 has been filed, and at least 20 days’ notice thereof must be given by the Commissioner to the person filing the statement. Not less than 7 days’ notice of the public hearing must be given by the person filing the statement to the insurer and to any other person designated by the Commissioner. The insurer shall give such notice to its security holders. The Commissioner shall make a determination within 60 days after the conclusion of the hearing. If the Commissioner determines that an infusion of capital to restore capital in connection with the change in control is required, the requirement must be met within 60 days after notification is given of the determination. At the hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent and any other person whose interests may be affected thereby may present evidence, examine and cross-examine witnesses, and offer oral and written arguments and, in connection therewith, may conduct discovery proceedings in the same manner as is presently allowed in the district court of this state.

 


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of this state. All discovery proceedings must be concluded not later than 3 days before the commencement of the public hearing.

      3.  The Commissioner may retain at the acquiring party’s expense attorneys, actuaries, accountants and other experts not otherwise a part of the staff of the Commissioner as may be reasonably necessary to assist the Commissioner in reviewing the proposed acquisition of control.

      4.  The period for review by the Commissioner must not exceed the 60 days allowed between the filing of the notice of intent to acquire required pursuant to subsection [2] 5 of NRS 692C.180 and the date of the proposed acquisition if the proposed affiliation or change of control involves a financial institution, or an affiliate of a financial institution, and an insured.

      5.  When making a determination pursuant to paragraph (b) of subsection 1, the Commissioner:

      (a) Shall require the submission of the information specified in subsection 2 of NRS 692C.254; [and]

      (b) Shall consider:

             (1) The standards set forth in the Horizontal Merger Guidelines issued by the United States Department of Justice and the Federal Trade Commission and in effect at the time the Commissioner receives the statement required pursuant to subsection 1 of NRS 692C.180; and

             (2) The factors described in subsection 3 of NRS 692C.256; and

      (c) May condition approval of the merger or acquisition of control in the manner provided in subsection 4 of NRS 692C.258.

      6.  If, in connection with a change of control of a domestic insurer, the Commissioner determines that the person who is acquiring control of the domestic insurer must maintain or restore the capital of the domestic insurer in an amount that is required by the laws and regulations of this state, the Commissioner shall make the determination not later than 60 days after the notice of intent to acquire required pursuant to subsection [2] 5 of NRS 692C.180 is filed with the Commissioner.

      7.  If the proposed merger or other acquisition of control referred to in subsection 1 of NRS 692C.180 requires the approval of the commissioner of more than one state, the public hearing required pursuant to subsection 1 may, upon the request of the person who filed the statement required pursuant to subsection 1 of NRS 692C.180, be consolidated with the hearings required in other states. Not more than 5 days after receiving such a request, the Commissioner shall file with the National Association of Insurance Commissioners a copy of the statement that was filed with the Commissioner pursuant to subsection 1 of NRS 692C.180 by the person requesting a consolidated hearing. The Commissioner may opt out of a consolidated hearing and, if the Commissioner elects to do so, he or she shall provide notice to the person requesting the consolidated hearing not more than 10 days after receiving the statement filed pursuant to subsection 1 of NRS 692C.180. A consolidated hearing must be public and must be held within the United States before participating commissioners of the states in which the insurers are domiciled. Participating commissioners may hear and receive evidence at the hearing.

      Sec. 21. NRS 692C.256 is hereby amended to read as follows:

      692C.256  1.  The Commissioner may issue an order pursuant to NRS 692C.258 relating to an acquisition if:

      (a) The effect of the acquisition may substantially lessen competition in any line of insurance in this state or tend to create a monopoly; or

 


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      (b) The acquiring person fails to file sufficient materials or information pursuant to NRS 692C.254.

      2.  In determining whether to issue an order pursuant to subsection 1, the Commissioner shall consider the standards set forth in the Horizontal Merger Guidelines issued by the United States Department of Justice and the Federal Trade Commission and in effect at the time the Commissioner receives the notice required pursuant to NRS 692C.254.

      3.  The Commissioner shall, before issuing an order specified in subsection 1, consider:

      (a) If:

             (1) The acquisition creates substantial economies of scale or economies in the use of resources that may not be created in any other manner; and

             (2) The public benefit received from those economies exceeds the public benefit received from not lessening competition; or

      (b) If:

             (1) The acquisition substantially increases the availability of insurance; and

             (2) The public benefit received by that increase exceeds the public benefit received from not lessening competition.

      4.  The public benefits set forth in subparagraph 2 of paragraphs (a) and (b) of subsection 3 may be considered together, as applicable, in assessing whether the public benefits received from the acquisition exceed any benefit to competition that would arise from disapproving the acquisition.

      5.  The [acquiring person] Commissioner has the burden of establishing that the acquisition will [not] result in a violation of the competitive standard set forth in subsection 1.

      Sec. 22. NRS 692C.270 is hereby amended to read as follows:

      692C.270  Every insurer subject to registration shall file [a] :

      1.  A registration statement on a form provided by the Commissioner, which must contain current information about:

      [1.](a) The capital structure, general financial condition, ownership and management of the insurer and any person controlling the insurer.

      [2.](b) The identity of every member of the insurance holding company system.

      [3.](c) The following agreements in force, relationships subsisting and transactions currently outstanding between the insurer and its affiliates:

      [(a)](1) Loans, other investments or purchases, sales or exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates.

      [(b)](2) Purchases, sales or exchanges of assets.

      [(c)](3) Transactions not in the ordinary course of business.

      [(d)](4) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer’s assets to liability, other than insurance contracts entered into in the ordinary course of the insurer’s business.

      [(e)](5) All management and service contracts and all cost-sharing arrangements, other than cost allocation arrangements based upon generally accepted accounting principles.

      [(f)](6) Reinsurance agreements covering all or substantially all of one or more lines of insurance of the ceding company.

      [(g)](7) Any dividend or other distribution made to a shareholder.

      [(h)](8) Any consolidated agreement to allocate taxes.

 


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      [4.](d) Any pledge of the insurer’s stock, including the stock of any subsidiary or controlling affiliate of the insurer, for a loan made to any member of the insurance holding company system.

      [5.](e) Any other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the Commissioner.

      2.  A statement verifying that:

      (a) The board of directors of the insurer oversees the corporate governance and internal controls of the insurer; and

      (b) Officers or senior management of the insurer have approved, implemented and continue to maintain and monitor the corporate governance and internal controls of the insurer.

      3.  Financial statements of the insurance holding company system and all affiliates, if requested by the Commissioner. This requirement may be satisfied by providing the most recent statement filed with the United States Securities and Exchange Commissioner pursuant to the Securities Act of 1933, 15 U.S.C. §§ 78a et seq., by the insurance holding company system or its parent corporation.

      Sec. 23. NRS 692C.290 is hereby amended to read as follows:

      692C.290  1.  Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on forms provided by the Commissioner within 15 days after the end of the month in which it learns of each such change or addition, and not less often than annually, except that, subject to the provisions of NRS 692C.390, each registered insurer shall report all dividends and other distributions to shareholders within 5 business days following the declaration and 10 days before payment.

      2.  If the principal of a registered insurer does not file a report of enterprise risk with the commissioner of the lead state of the insurance company system, as determined by the most recent edition of the Financial Analysis Handbook, published by the National Association of Insurance Commissioners, in a calendar year, the principal shall file a report of enterprise risk with the Commissioner. The principal shall include in the report the material risks within the insurance holding company system that, to the best of his or her knowledge and belief, may pose enterprise risk to the registered insurer.

      Sec. 24. NRS 692C.360 is hereby amended to read as follows:

      692C.360  1.  Material transactions by registered insurers with their affiliates are subject to all of the following standards:

      [1.](a) The terms must be fair and reasonable.

      [2.](b) Charges or fees for services performed must be reasonable.

      [3.](c) Expenses incurred and payment received must be allocated to the insurer in conformity with customary accounting practices concerning insurance consistently applied.

      [4.](d) The books, accounts and records of each party must be so maintained as to disclose clearly and accurately the precise nature and details of the transactions [.

      5.] and must include any accounting information required to support the reasonableness of any charges or fees.

 

 


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      (e) The insurer’s surplus as regards policyholders following any dividends or distributions to shareholder affiliates must be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs.

      2.  The Commissioner may adopt regulations governing agreements for sharing the cost of services or management between registered insurers and their affiliates.

      Sec. 25. NRS 692C.363 is hereby amended to read as follows:

      692C.363  1.  [A] Except as otherwise provided in subsection 2, a domestic insurer shall not enter into any of the following transactions with an affiliate unless the insurer has notified the Commissioner in writing of its intention to enter into the transaction at least [60] 30 days previously, or such shorter period as the Commissioner may permit, and the Commissioner has not disapproved it within that period:

      (a) A sale, purchase, exchange, loan or extension of credit, guaranty or investment if the transaction equals at least:

             (1) With respect to an insurer other than a life insurer, the lesser of 3 percent of the insurer’s admitted assets or 25 percent of surplus as regards policyholders; or

             (2) With respect to a life insurer, 3 percent of the insurer’s admitted assets,

Ê computed as of December 31 next preceding the transaction.

      (b) A loan or extension of credit to any person who is not an affiliate, if the insurer makes the loan or extension of credit with the agreement or understanding that the proceeds of the transaction, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, any affiliate of the insurer if the transaction equals at least:

             (1) With respect to insurers other than life insurers, the lesser of 3 percent of the insurer’s admitted assets or 25 percent of surplus as regards policyholders; or

             (2) With respect to life insurers, 3 percent of the insurer’s admitted assets,

Ê computed as of December 31 next preceding the transaction.

      (c) [An] A pooling agreement or other agreement for reinsurance or a modification thereto in which the premium for reinsurance or a change in the insurer’s liabilities equals at least 5 percent of the insurer’s surplus as regards policyholders as of December 31 next preceding the transaction, including an agreement which requires as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of those assets will be transferred to an affiliate of the insurer.

      (d) An agreement for management, agreement to allocate taxes, contract for service, guarantee or arrangement to share costs.

      (e) A guaranty made by a domestic insurer, regardless of whether the guaranty is quantifiable as to amount, except that a guaranty that is quantifiable as to amount is not subject to the provisions of this subsection unless the guaranty exceeds the lesser of one-half of 1 percent of the admitted assets of the domestic insurer or 10 percent of its surplus as regards policyholders as of December 31 next preceding the guaranty.

      (f) Except as otherwise provided in subsection [3,] 4, a direct or indirect acquisition of or investment in a person who controls the domestic insurer or an affiliate of the domestic insurer in an amount that, when added to its present holdings, exceeds 2.5 percent of the domestic insurer’s surplus to policyholders.

 


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an affiliate of the domestic insurer in an amount that, when added to its present holdings, exceeds 2.5 percent of the domestic insurer’s surplus to policyholders.

      (g) A material transaction, specified by regulation, which the Commissioner determines may adversely affect the interest of the insurer’s policyholders.

      2.  A domestic insurer shall not amend or modify any agreement with an affiliate to enter into a transaction subject to the provisions of subsection 1 unless the insurer notifies the Commissioner. The notice must be given not less than 30 days before the effective date of the amendment or modification and must include, without limitation, the reasons for the amendment or modification and the financial impact, if any, of the amendment or modification on the domestic insurer. Upon receipt of a notice pursuant to this subsection, the Commissioner shall determine whether the amendment or modification is subject to the provisions of subsection 1 and notify the domestic insurer of the Commissioner’s determination within 30 days. If the Commissioner does not give such notice within 30 days after receiving the notice from the domestic insurer, the amendment or modification shall be deemed to be approved.

      3.  This section does not authorize or permit any transaction which, in the case of an insurer not an affiliate, would be contrary to law.

      [3.]4.  The provisions of paragraph (f) of subsection 1 do not apply to a direct or indirect acquisition of or investment in:

      (a) A subsidiary acquired in accordance with this section or NRS 692C.140; or

      (b) A nonsubsidiary insurance affiliate that is subject to the provisions of this chapter.

      Sec. 26. (Deleted by amendment.)

      Sec. 27. NRS 692C.390 is hereby amended to read as follows:

      692C.390  1.  An insurer subject to registration under NRS 692C.260 to 692C.350, inclusive, shall not pay any extraordinary dividend or make any other extraordinary distribution to its shareholders until:

      (a) Thirty days after the Commissioner has received notice of the declaration thereof and has not within that period disapproved the payment; or

      (b) The Commissioner approves the payment within the 30-day period.

      2.  A request for approval of an extraordinary dividend or any other extraordinary distribution pursuant to subsection 1 must include:

      (a) A statement indicating the amount of the proposed dividend or distribution;

      (b) The date established for the payment of the proposed dividend or distribution;

      (c) A statement indicating whether the proposed dividend or distribution is to be paid in the form of cash or property and, if it is to be paid in the form of property, a description of the property, its cost and its fair market value together with an explanation setting forth the basis for determining its fair market value;

      (d) A copy of a work paper or other document setting forth the calculations used to determine that the proposed dividend or distribution is extraordinary, including:

             (1) The amount, date and form of payment of each regular dividend or distribution paid by the insurer, other than any distribution of a security of the insurer, within the 12 consecutive months immediately preceding the date established for the payment of the proposed dividend or distribution;

 


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the insurer, within the 12 consecutive months immediately preceding the date established for the payment of the proposed dividend or distribution;

             (2) The amount of surplus, if any, as regards policyholders, including total capital and surplus, as of December 31 next preceding;

             (3) If the insurer is a life insurer, the amount of any net gains obtained from the operations of the insurer for the 12-month period ending December 31 next preceding;

             (4) If the insurer is not a life insurer, the amount of net income of the insurer less any realized capital gains for the 12-month period ending on the December 31 of the year next preceding and the two consecutive 12-month periods immediately preceding that period; and

             (5) If the insurer is not a life insurer, the amount of each dividend paid by the insurer to shareholders, other than a distribution of any securities of the insurer, during the preceding 2 calendar years;

      (e) A balance sheet and statement of income for the period beginning on the date of the last annual statement filed by the insurer with the Commissioner and ending on the last day of the month immediately preceding the month in which the insurer files the request for approval; and

      (f) A brief statement setting forth:

             (1) The effect of the proposed dividend or distribution upon the insurer’s surplus;

             (2) The reasonableness of the insurer’s surplus in relation to the insurer’s outstanding liabilities; and

             (3) The adequacy of the insurer’s surplus in relation to the insurer’s financial requirements.

      3.  In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous 2 calendar years that has not already been paid out as dividends. The amount the insurer may carry forward must be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediately preceding calendar years.

      4.  Each insurer specified in subsection 1 that pays an extraordinary dividend or makes any other extraordinary distribution to its shareholders shall, within 15 days after declaring the dividend or making the distribution, report that fact to the Commissioner. The report must include the information specified in paragraph (d) of subsection 2.

      Sec. 28. NRS 692C.410 is hereby amended to read as follows:

      692C.410  1.  Subject to the limitation contained in this section and in addition to the powers which the Commissioner has under NRS 679B.230 to 679B.287, inclusive, relating to the examination of insurers, the Commissioner may [order] examine any insurer registered under NRS 692C.260 to 692C.350, inclusive, [to produce such records, books or other information papers in its possession or in the possession of its affiliates as may be necessary to ascertain the financial condition or legality of conduct of such insurer.] and any affiliate of the insurer to ascertain the financial condition of the insurer, including, without limitation, the enterprise risk posed to the insurer by a person controlling the insurer, any entity or combination of entities within the insurance holding company system or by the insurance holding company system. The Commissioner may order any insurer registered under NRS 692C.260 to 692C.350, inclusive, to produce any information not in the possession of the insurer if the insurer is able to obtain the information pursuant to any contractual or statutory requirement or any other method.

 


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obtain the information pursuant to any contractual or statutory requirement or any other method. If the insurer is unable to obtain any information requested by the Commissioner pursuant to this section, the insurer shall provide to the Commissioner a statement setting forth the reasons the insurer is unable to obtain the information and the identity of the holder of the information, if known to the insurer. Whenever it appears to the Commissioner that the detailed explanation is without merit, the Commissioner may require, after notice and hearing, the insurer to pay a penalty of $100 for each day the requested information is not produced or may suspend or revoke the license of the insurer. In the event such insurer fails to comply with such order, the Commissioner may examine such affiliates to obtain such information.

      2.  The Commissioner shall exercise his or her power under [subsection] subsections 1 and 5 only if the examination of the insurer under NRS 679B.230 to 679B.287, inclusive, is inadequate or the interests of the policyholders of such insurer may be adversely affected.

      3.  The Commissioner may retain at the registered insurer’s expense such attorneys, actuaries, accountants and other experts not otherwise a part of the Commissioner’s staff as may be reasonably necessary to assist in the conduct of the examination under [subsection] subsections 1 [.] and 5. Any persons so retained shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity.

      4.  Each [registered] insurer producing for examination any information pursuant to subsection 1 or any records, books and papers pursuant to subsection [1] 5 shall be liable for and shall pay the expense of such examination in accordance with NRS 679B.290.

      5.  To carry out the provisions of this section and except as otherwise provided in subsection 2, the Commissioner may subpoena witnesses, compel their attendance, administer oaths, examine any person under oath concerning the subject of the examination and require the production of any books, papers, records, correspondence or any other documents which the Commissioner deems relevant to the examination. If any person fails to obey a subpoena or refuses to testify as to any matter relating to the subject of the examination, the Commissioner may file a written report describing the refusal and proof of service of the subpoena in any court of competent jurisdiction in the county in which the examination is being conducted, for such action as the court may determine. Failure by the person to obey an order of the court pursuant to this section is punishable as contempt of court.

      6.  A person subpoenaed under subsection 5 is entitled to witness fees and mileage as allowed for testimony in a court of record. The insurer or affiliate being examined must pay the witness fees and mileage, as well as any other expense incurred in securing the attendance of witnesses for the examination in accordance with NRS 679B.290.

      Sec. 28.5. NRS 694C.143 is hereby amended to read as follows:

      694C.143  “Sponsor” means an insurer licensed pursuant to the laws of any state, a reinsurer authorized or approved under the laws of any state, [or] a captive insurer formed or licensed pursuant to this chapter or a person that:

      1.  Meets the requirements of subsection 3 of NRS 694C.180 [;] or is approved as a sponsor by the Commissioner; and

 


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      2.  Is approved by the Commissioner to provide all or part of the capital and surplus required by applicable law and to organize and operate a sponsored captive insurer.

      Sec. 28.6. NRS 694C.195 is hereby amended to read as follows:

      694C.195  1.  One or more sponsors may form a sponsored captive insurer pursuant to this chapter.

      2.  A sponsored captive insurer formed or licensed pursuant to this chapter may establish and maintain one or more protected cells to insure the risks of one or more participants, subject to the following conditions:

      (a) The shareholders of a sponsored captive insurer must be limited to its participants and sponsors, provided that the sponsored captive insurer may issue nonvoting securities to other persons on terms approved by the Commissioner;

      (b) Each protected cell must be accounted for separately on the books and records of the sponsored captive insurer to reflect the financial condition and results of operations of that protected cell, including, but not limited to, the net income or loss, dividends, or other distributions to participants, and such other factors as may be set forth in the participant contract or required by the Commissioner;

      (c) The assets of a protected cell must not be chargeable with liabilities arising out of any other insurance business which the sponsored captive insurer may conduct;

      (d) A sponsored captive insurer shall not make a sale, exchange, transfer of assets, dividend or distribution between or among any of its protected cells without the consent of any participant for which the protected cells are maintained;

      (e) A sponsored captive insurer shall not make a sale, exchange, transfer of assets, dividend or distribution from a protected cell to a sponsor or participant without the prior written approval of the Commissioner, and the Commissioner shall not give written approval if the sale, exchange, transfer, dividend or distribution would result in the insolvency or impairment of the protected cell;

      (f) On or before March 1 of each year, a sponsored captive insurer must file with the Commissioner a report of its financial condition, including, but not limited to, accounting statements detailing the financial experience of each protected cell and any other information required by the Commissioner;

      (g) A sponsored captive insurer must notify the Commissioner not more than 10 business days after a protected cell becomes insolvent or otherwise unable to meet its claims or expense obligations;

      (h) A participant contract must not become effective without the prior written approval of the Commissioner;

      (i) The addition of each new protected cell, the withdrawal of any participant of a protected cell or the termination of any existing protected cell constitutes a change in the business plan and requires the prior written approval of the Commissioner; and

      (j) The business written by a sponsored captive insurer with respect to each protected cell must be:

             (1) Fronted by an insurer licensed pursuant to the laws of any state;

             (2) Reinsured by a reinsurer authorized or approved by the Commissioner; or

 


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             (3) Secured by a trust fund in the United States for the benefit of policyholders and claimants or funded by an irrevocable letter of credit or other arrangement that is acceptable to the Commissioner. The amount of security provided must not be less than the reserves associated with those liabilities, which are not fronted or reinsured pursuant to subparagraph (1) or (2), including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses and unearned premiums for business written through the protected cell maintained for the participant. The Commissioner may require the sponsored captive insurer to increase the funding of any security arrangement established under this subsection. If the form of security is a letter of credit, the letter of credit must be established, issued or confirmed by a bank chartered in this State, a member of the Federal Reserve System or a bank chartered in another state if the bank is deemed acceptable by the Commissioner. A trust maintained pursuant to this subparagraph must be established in a form and under such terms that are approved by the Commissioner.

      3.  A sponsor of a sponsored captive insurer must:

      (a) Be an insurer licensed pursuant to the laws of any state, a reinsurer authorized or approved under the laws of any state , [or] a captive insurer formed or licensed pursuant to this chapter [;] or a person approved as a sponsor by the Commissioner; and

      (b) Not be a risk retention group.

      4.  A participant in a sponsored captive insurer need not be a shareholder of the sponsored captive insurer or an affiliate of the sponsored captive insurer and:

      (a) May be an association, corporation, limited-liability company, partnership, trust or other form of business organization;

      (b) May be a sponsor of the sponsored captive insurer; and

      (c) Must not be a risk retention group.

      5.  A participant in a sponsored captive insurer shall insure only its own risks through a sponsored captive insurer.

      Sec. 29. NRS 694C.400 is hereby amended to read as follows:

      694C.400  1.  On or before [June 30] March 1 of each year, a captive insurer shall submit to the Commissioner a report of its financial condition . [, as prepared by a certified public accountant.] A captive insurer shall use generally accepted accounting principles and include any useful or necessary modifications or adaptations thereof that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner. Except as otherwise provided in this section, each association captive insurer, agency captive insurer, rental captive insurer or sponsored captive insurer shall file its report in the form required by NRS 680A.270. The Commissioner shall adopt regulations designating the form in which pure captive insurers must report.

      2.  A pure captive insurer may apply, in writing, for authorization to file its annual report based on a fiscal year that is consistent with the fiscal year of the parent company of the pure captive insurer. If an alternative date is granted [:

      (a) The] , the annual report is due not later than [180] 60 days after the end of each such fiscal year . [; and

      (b) The]

 


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      3.  A pure captive insurer shall file on or before March 1 of each year such forms as required by the Commissioner by regulation to provide sufficient detail to support its premium tax return filed pursuant to NRS 694C.450.

      [3.]4.  Any captive insurer failing, without just cause beyond the reasonable control of the captive insurer, to file its annual statement as required by subsection 1 shall pay a penalty of $100 for each day the captive insurer fails to file the report, but not to exceed an aggregate amount of $3,000, to be recovered in the name of the State of Nevada by the Attorney General.

      [4.]5.  Any director, officer, agent or employee of a captive insurer who subscribes to, makes or concurs in making or publishing, any annual or other statement required by law, knowing the same to contain any material statement which is false, is guilty of a gross misdemeanor.

      Sec. 30. NRS 695E.080 is hereby amended to read as follows:

      695E.080  “Plan of operation” means an analysis of the expected activities and results of a risk retention group, including:

      1.  The coverages, deductibles, limits of coverage, rates and systems of rating classification for each line of insurance the group intends to offer;

      2.  Historical and expected loss experience of the proposed members, and national experience of similar exposures to the extent that this experience is reasonably available;

      3.  Pro forma financial statements and projections;

      4.  Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;

      5.  Identification of management, underwriting procedures, policies for investment and methods for managerial oversight; [and]

      6.  Identification of each state in which the group has obtained, or sought to obtain, a charter and a license, and a description of the status of the group in each of those states;

      7.  Information that is deemed sufficient by the Commissioner to verify that members of the group are engaged in business activities similar or related with respect to the liability to which they are exposed because of any related, similar or common business, trade, product, service, premise or operation; and

      8.  Such other matters as are prescribed by the Commissioner for liability insurers authorized by the insurance laws of the state in which the risk retention group is chartered.

      Sec. 31. NRS 695E.120 is hereby amended to read as follows:

      695E.120  A purchasing group that intends to conduct business in this state shall register with the Commissioner and:

      1.  Furnish notice to the Commissioner that:

      (a) Identifies the state in which the group is domiciled;

      (b) Specifies the lines and classifications of liability insurance that the purchasing group intends to purchase;

      (c) Identifies the insurer from which the group intends to purchase its insurance and the domicile of the insurer;

      (d) Identifies the principal place of business of the group;

      (e) Identifies all other states in which the group intends to do business; [and]

 


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      (f) Specifies the method by which insurance will be offered to its members whose risks are resident, located or to be performed in this State;

      (g) Provides the name, address and telephone number of each person, if any, through whom insurance will be offered to its members whose risks are resident, located or to be performed in this State; and

      (h) Provides such other information as the Commissioner requires to verify and determine:

             (1) Its qualification as a purchasing group;

             (2) Where the purchasing group is located; and

             (3) The appropriate tax treatment of the purchasing group; and

      2.  Appoint the Commissioner as its agent solely to receive service of legal process, and pay the fee for filing a power of attorney required by subsection 4 of NRS 680B.010, except that this subsection does not apply to a purchasing group that:

      (a) Was domiciled before April 1, 1986, and on and after October 27, 1986, in any state;

      (b) Before and after October 27, 1986, purchased its insurance from an insurer licensed in any state;

      (c) Was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and

      (d) Does not purchase insurance that was not authorized for an exemption under that act, as in effect before October 27, 1986.

      Sec. 32. NRS 695E.140 is hereby amended to read as follows:

      695E.140  1.  A risk retention group seeking to be chartered in this State must obtain a certificate of authority pursuant to chapter 694C of NRS to transact liability insurance and, except as otherwise provided in this chapter, must comply with:

      (a) All of the laws, regulations and requirements applicable to liability insurers in this State [;] , unless otherwise approved by the Commissioner; and

      (b) The provisions of NRS 695E.150 to 695E.210, inclusive, to the extent that those provisions do not limit or conflict with the provisions with which the group is required to comply pursuant to paragraph (a).

      2.  A risk retention group applying to be chartered in this State must submit to the Commissioner in summary form:

      (a) The identities of:

             (1) All members of the group;

             (2) All organizers of the group;

             (3) Those persons who will provide administrative services to the group; and

             (4) Any person who will influence or control the activities of the group;

      (b) The amount and nature of initial capitalization of the group;

      (c) The coverages to be offered by the group; and

      (d) Each state in which the group intends to operate.

      3.  Before it may transact insurance in any state, the risk retention group must submit to the Commissioner for approval by the Commissioner a plan of operation. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in any item of the plan of operation within 10 days after the change. The group shall not offer any additional kinds of liability insurance, in this State or in any other state, until a revision of the plan is approved by the Commissioner.

 


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      [3.]4.  A risk retention group chartered in this State must file with the Commissioner on or before February 1 of each year a statement containing information concerning the immediately preceding year, which must be:

      (a) Submitted in a form prescribed by the National Association of Insurance Commissioners;

      (b) Prepared in accordance with the Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners and effective on January 1, 2001, and as amended by the National Association of Insurance Commissioners after that date; and

      (c) Submitted on a diskette, if required by the Commissioner.

      5.  The Commissioner shall transmit to the National Association of Insurance Commissioners a copy of:

      (a) All information submitted by a risk retention group to the Commissioner pursuant to subsections 2 and 4; and

      (b) Any revisions to a plan of operation submitted to the Commissioner pursuant to subsection 3.

      6.  A risk retention group chartered in a state other than Nevada that is seeking to transact insurance as a risk retention group in this State must comply with the provisions of NRS 695E.150 to 695E.210, inclusive.

      Sec. 33. NRS 695E.150 is hereby amended to read as follows:

      695E.150  1.  Before transacting insurance in this state, a risk retention group must submit to the Commissioner:

      [1.](a) A statement of registration identifying:

      [(a)](1) Each state in which the risk retention group is chartered or licensed as a liability insurer;

      [(b)](2) The date of its charter;

      [(c)](3) Its principal place of business; and

      [(d)](4) Such other information, including information concerning its membership, as the Commissioner requires to verify its qualification as a risk retention group;

      [2.](b) A copy of its plan of operation and any revisions of the plan submitted to its state of domicile, except with respect to any line or classification of liability that was:

      [(a)](1) Defined in the Product Liability Risk Retention Act of 1981 before October 27, 1986; and

      [(b)](2) Offered before that date by a risk retention group that had been chartered and operating for not less than 3 years before that date; and

      [3.](c) A statement appointing the Commissioner as its agent for service of process pursuant to NRS 680A.250, together with the fee for filing a power of attorney required by subsection 4 of NRS 680B.010.

      2.  The Commissioner shall, upon receipt of any revisions of a plan of operation provided by a risk retention group pursuant to paragraph (b) of subsection 1, transmit a copy of those revisions to the National Association of Insurance Commissioners.

      Sec. 34. NRS 695E.170 is hereby amended to read as follows:

      695E.170  1.  A risk retention group and its agents and representatives are subject to the provisions of NRS 686A.010 to 686A.310, inclusive. Any injunction obtained pursuant to those sections must be obtained from a court of competent jurisdiction.

      2.  All premiums paid for coverages within this state to a risk retention group are subject to the provisions of chapter 680B of NRS. Each risk retention group shall report all premiums paid to it and shall pay the taxes on premiums and any related fines or penalties for risks resident, located or to be performed in the state.

 


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retention group shall report all premiums paid to it and shall pay the taxes on premiums and any related fines or penalties for risks resident, located or to be performed in the state.

      3.  Any person acting as an agent or a broker for a risk retention group pursuant to NRS 695E.210 shall:

      (a) Report to the Commissioner each premium for direct business for risks resident, located or to be performed in this State which the person has placed with or on behalf of a risk retention group that is not chartered in this State.

      (b) Maintain a complete and separate record of each policy obtained from each risk retention group. Each record maintained pursuant to this subsection must be made available upon request by the Commissioner for examination pursuant to NRS 679B.240, and must include, for each policy and each kind of insurance provided therein:

             (1) The limit of liability;

             (2) The period covered;

             (3) The effective date;

             (4) The name of the risk retention group which issued the policy;

             (5) The gross annual premium charged; and

             (6) The amount of return premiums, if any.

      4.  As used in this section, “premiums for direct business” means any premium written in this State for a policy of insurance. The term does not include any premium for reinsurance or for a contract between members of a risk retention group.

________

CHAPTER 512, AB 447

Assembly Bill No. 447–Committee on Ways and Means

 

CHAPTER 512

 

[Approved: June 11, 2013]

 

AN ACT relating to highways; revising provisions relating to the construction, operation and maintenance of certain facilities to provide information to the traveling public; increasing fines for certain violations committed in roadside parks or rest areas; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Department of Transportation to designate appropriate locations for the construction of certain roadside facilities and signs which provide information to members of the traveling public concerning accommodations, food, fuel and recreation. (NRS 408.551, 408.553) Existing law allows such facilities or signs to be erected or constructed and maintained by the Department or by a city, county or other governmental agency or private person, under contract with the Department. (NRS 408.553) Federal law newly authorizes a state to allow the installation of signs that acknowledge the sponsorship of a rest area, and to allow a private party to operate limited commercial activities at a rest area. (23 U.S.C. §§ 111, 131) Section 3 of this bill allows the Director of the Department, with the approval of the Board of Directors of the Department, to authorize a private person to erect or construct, sponsor, operate or maintain a facility or a sign at a rest area, under contract with the Department.

 


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area, under contract with the Department. Section 4 of this bill makes conforming changes to the authorization of the Department to adopt regulations regarding such facilities and signs. (NRS 408.557)

      Existing law makes it unlawful for any person, firm, corporation, association or other entity, other than a public utility, to sell, exhibit or offer for sale certain goods and services or to erect, place, post or maintain certain signs in any roadside park or safety rest area in this State. A person who violates that provision, or any regulation adopted governing roadside parks or safety rest areas, shall be punished by a fine of not more than $100 for a first offense and not more than $500 for each subsequent offense. (NRS 408.433) Section 1 of this bill raises the limit on a fine for a first such offense to not more than $1,000, and for each subsequent offense to not more than $5,000.

 

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 408.433 is hereby amended to read as follows:

      408.433  1.  [It] Except as otherwise provided in NRS 408.553, it is unlawful for any person, firm, corporation, association or other entity, other than a public utility, to:

      (a) Sell, exhibit or offer for sale any goods, wares, products, merchandise or services; or

      (b) Erect, place, post or maintain any sign, billboard, placard, notice or other form of advertising,

Ê in any roadside park or safety rest area in this state, or in the approaches thereto.

      2.  Any person who violates any provision of this section or any regulation adopted under this chapter governing roadside parks or safety rest areas shall be punished by a fine of not more than [$100] $1,000 for a first offense and not more than [$500] $5,000 for each subsequent offense.

      Sec. 2. NRS 408.551 is hereby amended to read as follows:

      408.551  As used in NRS 408.551 to 408.567, inclusive, “center” means a facility , including, without limitation, a safety rest area, to provide information to members of the traveling public, concerning accommodations, food, fuel and recreation, through an attendant or some other means of communication.

      Sec. 3. NRS 408.553 is hereby amended to read as follows:

      408.553  1.  The Director may designate appropriate locations for the construction of centers and the erection and maintenance of directional and informational signs within the right-of-way.

      2.  The signs or centers may be erected or constructed [and] , sponsored, operated or maintained by:

      [1.](a) The Department; [or

      2.](b) A city, county or other governmental agency , [or private person,] under contract with the Department [.] ; or

      (c) A private person under contract with the Department, if the person has been authorized by the Director, with approval of the Board, to enter into such a contract.

      Sec. 4. NRS 408.557 is hereby amended to read as follows:

      408.557  1.  The Director shall adopt regulations:

      (a) Governing the size, shape, lighting and other characteristics of a sign to be erected at a location designated pursuant to NRS 408.553;

 


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      (b) Authorizing the use of trademarks and symbols identifying an individual enterprise on a sign erected at the location;

      (c) Fixing the qualifications of a person or governmental agency to erect or construct, operate , sponsor or maintain a center or sign and of an enterprise to be identified on a directional or informational sign;

      (d) Fixing reasonable fees, based upon the market value as determined by the Department, for:

             (1) Authorizing the use of trademarks and symbols identifying an individual enterprise on a directional or informational sign; and

             (2) Providing [information] :

                   (I) Information concerning commercial attractions ; and [services; and]

                   (II) Items designed to promote tourism in this State; and

      (e) Otherwise necessary to carry out the provisions of NRS 408.551 to 408.567, inclusive.

      2.  The regulations adopted by the Director pursuant to subsection 1 must be consistent with the provisions of 23 U.S.C. [§] §§ 111 and 131.

      Secs. 5 and 6. (Deleted by amendment.)

      Sec. 7. NRS 408.563 is hereby amended to read as follows:

      408.563  The Department may contract or enter into other agreements with governmental agencies in this state or an adjoining state or with private persons to study various systems of providing information to the traveling public and to erect or construct , sponsor, operate or maintain signs and centers which provide [that] such information [.] to the traveling public.

      Sec. 8. NRS 408.567 is hereby amended to read as follows:

      408.567  1.  Money received by the Department from:

      (a) Fees for:

             (1) Authorizing the use of trademarks and symbols identifying an individual enterprise on a directional or informational sign; and

             (2) Providing [information] :

                   (I) Information concerning commercial attractions ; and [services;]

                   (II) Items designed to promote tourism in this State;

      (b) Participants in a telephone system established to reserve accommodations for travelers; and

      (c) Appropriations made by the Legislature for the purposes of NRS 408.551 to 408.567, inclusive,

Ê must be deposited with the State Treasurer for credit to the Account for Systems of Providing Information to the Traveling Public in the State Highway Fund, which is hereby created.

      2.  Money in the Account must only be used to carry out the provisions of NRS 408.551 to 408.567, inclusive.

      Sec. 9.  This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 


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CHAPTER 513, AB 461

Assembly Bill No. 461–Committee on Ways and Means

 

CHAPTER 513

 

[Approved: June 11, 2013]

 

AN ACT relating to management of land; authorizing the Division of State Lands of the State Department of Conservation and Natural Resources to establish and carry out programs to conserve certain sagebrush ecosystems; requiring the Division to coordinate the establishment of a program to improve certain sagebrush ecosystems; establishing the Account to Restore the Sagebrush Ecosystem in the State General Fund; establishing the Sagebrush Ecosystem Council within the Department; prescribing the duties of the Council; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Division of State Lands of the State Department of Conservation and Natural Resources to acquire and hold all lands and interests in land owned or required by the State, with certain exceptions. (NRS 321.001) Section 2 of this bill authorizes the Division to establish and carry out programs to preserve, restore and enhance sagebrush ecosystems on public land in this State or on private land with the consent of the owner of the land. Section 3 of this bill requires the Division to coordinate the establishment and carrying out of a program of projects to improve sagebrush ecosystems in this State. Section 3 requires the Division, when carrying out the program, to: (1) oversee a program to mitigate damage to sagebrush ecosystems through a system that awards credits to persons and governmental entities for taking measures to protect, enhance or restore sagebrush ecosystems; (2) identify and prioritize projects to improve sagebrush ecosystems or the scientific knowledge thereof; (3) coordinate activities with federal agencies; (4) suggest measures to avoid, minimize and mitigate the impact of activities conducted in areas which include sage grouse habitats to persons conducting those activities who make a request; and (5) submit an annual progress report to the Sagebrush Ecosystem Council created in section 6 of this bill. Section 3 further authorizes the Division to enter into agreements, to acquire, hold, sell or lease land, to award grants and to adopt regulations to carry out the program.

      Section 5 of this bill creates the Account to Restore the Sagebrush Ecosystem within the State General Fund. Section 6 creates the Sagebrush Ecosystem Council within the Department. Section 6 requires the Council to: (1) consider the best science available in its determinations regarding and conservation of the greater sage grouse and sagebrush ecosystems in this State; (2) formulate and carry out certain strategies and programs for the conservation of sage grouse and for managing land which holds sagebrush ecosystems; (3) coordinate discussion among and provide advice to certain persons and governmental entities concerning the management of sagebrush ecosystems; and (4) submit a biannual report concerning its activities to the Governor.

 

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

 

      Whereas, Nevada is known as the Sagebrush State; and

      Whereas, Restoration and maintenance of the sagebrush ecosystem is essential to wildlife, watersheds, biodiversity and productivity in this State; and

      Whereas, The greater sage grouse is an important species of bird that inhabits much of the sagebrush habitat in Nevada; and

 


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      Whereas, The United States Fish and Wildlife Service has determined that the greater sage grouse faces challenges that warrant listing it as threatened or endangered pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., but that the need to list higher priority species precludes the listing of the greater sage grouse; and

      Whereas, The United States District Court for the District of Idaho ruled on February 2, 2012, that the United States Fish and Wildlife Service is required to reevaluate the status of the greater sage grouse by September 30, 2015 (W. Watersheds Project v. U.S. Fish & Wildlife Serv., 42 Envtl. L. Rep. 20036 (D. Idaho 2012)); and

      Whereas, The Secretary of the United States Department of the Interior has invited 11 states that may be impacted by the listing of the greater sage grouse as endangered or threatened, including Nevada, to develop state-specific regulatory mechanisms to conserve the species and make such a listing unnecessary; and

      Whereas, The development and implementation of a state-specific strategy to conserve the greater sage grouse in Nevada is critical to demonstrate to the United States Fish and Wildlife Service that the species does not require protection pursuant to the Endangered Species Act; and

      Whereas, The State of Nevada, under the leadership of Governor Kenny Guinn’s Sage-Grouse Conservation Team, developed the first edition of the Greater Sage-Grouse Conservation Plan for Nevada and Eastern California in 2004; and

      Whereas, On July 31, 2012, the Greater Sage-grouse Advisory Committee, created by Executive Order 2012-09, presented further recommendations for developing a state-specific strategy to conserve the greater sage grouse; and

      Whereas, The State of Nevada has authority to manage all wildlife belonging to this State that is not listed pursuant to the Endangered Species Act; and

      Whereas, It is in the interest of this State to bring stakeholders and relevant agency experts together on an ongoing basis to guide the implementation of conservation measures sufficient to preclude the need to list the greater sage grouse, the bi-state sage grouse and other species that inhabit sagebrush ecosystems pursuant to the Endangered Species Act and provide continual coordination on matters related to the sagebrush ecosystem within this State; and

      Whereas, The listing of the greater sage grouse or any other species that inhabits sagebrush ecosystems pursuant to the Endangered Species Act will have a significant adverse effect on the customs, culture and economy of the State of Nevada; and

      Whereas, Executive Order 2012-19 established the Sagebrush Ecosystem Council to, among other duties, implement a conservation strategy for the greater sage grouse and sagebrush ecosystems and oversee the work of the Sagebrush Ecosystem Technical Team; now, therefore,

 


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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. Except as otherwise provided in section 3 of this act, the Division may establish and carry out programs to preserve, restore and enhance sagebrush ecosystems on public land in this State, and on privately owned land in this State with the consent of the owner of the land.

      Sec. 3. 1.  The Administrator of the Division shall coordinate the establishment and carrying out of a program of projects to improve sagebrush ecosystems in this State. The Division shall cooperate, without limitation, with:

      (a) The Department of Wildlife;

      (b) The State Department of Agriculture; and

      (c) The Division of Forestry of the State Department of Conservation and Natural Resources.

      2.  In carrying out the program described in subsection 1, the Division, on behalf of the Director of the State Department of Conservation and Natural Resources, shall:

      (a) Oversee and administer a program to mitigate damage to sagebrush ecosystems through a system that awards credits to persons, federal and state agencies, local governments and nonprofit organizations who take measures to protect, enhance or restore sagebrush ecosystems established by the Sagebrush Ecosystem Council created by section 6 of this act;

      (b) Identify and, if necessary, prioritize any projects concerning the enhancement of the landscape, the restoration of habitat, the reduction of any nonnative grasses and plants and the mitigation of damage to or the expansion of scientific knowledge of sagebrush ecosystems;

      (c) Coordinate activities with federal agencies;

      (d) If requested, consult with persons proposing to conduct activities in any area which includes any habitat of the greater sage grouse (Centrocercus urophasianus) to suggest measures to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem;

      (e) Solicit grants and private contributions for projects to improve sagebrush ecosystems; and

      (f) On or before August 1 of each year, submit a report to the Sagebrush Ecosystem Council created by section 6 of this act. The report must include, without limitation:

             (1) A description of each project conducted or planned to be conducted pursuant to the program described in subsection 1, including the cost, source of funding and, for projects that have been carried out, the results of the project;

             (2) A description of any agreement between the Division and any person, federal or state agency, local government or nonprofit organization, including the purpose and provisions of the agreement;

             (3) A list of all grants and private contributions solicited and all grants awarded to further the purposes of the program;

             (4) A description of any significant activities conducted in any area which includes habitat of the greater sage grouse and all measures adopted to avoid, minimize or mitigate the effect of the activities on any sagebrush ecosystem; and

 


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             (5) Any other information specified by the Division or requested by the Council.

      3.  The Division may:

      (a) Enter into any agreement with a person, federal or state agency, local government or nonprofit organization to further the preservation, restoration and enhancement of sagebrush ecosystems on public land or on privately owned land with the consent of the owner of the land;

      (b) In accordance with subsection 3 of NRS 321.001, acquire and hold land and any interest in land or water required to carry out the program described in subsection 1;

      (c) Sell or lease land and any interest in land or water that the Division determines is no longer necessary to carry out the program described in subsection 1;

      (d) Within the limits of available money, award grants of money to other state agencies, local governments and nonprofit organizations to carry out the program described in subsection 1;

      (e) Adopt any regulations to carry out the provisions of this section; and

      (f) Conduct any other activities specified by the Division to carry out the program described in subsection 1.

      4.  The proceeds from the sale or lease of land or of any interest in land or water pursuant to paragraph (c) of subsection 3 must be deposited in the Account to Restore the Sagebrush Ecosystem created by section 5 of this act.

      Sec. 4. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5. 1.  The Account to Restore the Sagebrush Ecosystem is hereby created in the State General Fund. The Director shall administer the Account in a manner consistent with policies and priorities established by the Sagebrush Ecosystem Council created by section 6 of this act.

      2.  The Director may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.

      3.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money that remains in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      4.  The money in the Account may only be used to establish and carry out programs to preserve, restore and enhance sagebrush ecosystems pursuant to sections 2 and 3 of this act and is hereby authorized for expenditure as a continuing appropriation for this purpose.

      5.  Claims against the Account must be paid as other claims against the State are paid.

      Sec. 6. 1.  The Sagebrush Ecosystem Council is hereby created in the Department. The Council consists of:

      (a) The following nine voting members appointed by the Governor:

             (1) One member who represents agricultural interests;

             (2) One member who represents the energy industry;

             (3) One member who represents the general public;

             (4) One member who represents conservation and environmental interests;

 


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             (5) One member who represents mining interests;

             (6) One member who represents ranching interests;

             (7) One member who represents local government;

             (8) One member who acts as a liaison for Native American tribes; and

             (9) One member of the Board of Wildlife Commissioners or his or her designee.

      (b) In addition to the members appointed pursuant to paragraph (a), the following nonvoting members:

             (1) The Director of the State Department of Conservation and Natural Resources;

             (2) The Director of the Department of Wildlife;

             (3) The Director of the State Department of Agriculture;

             (4) The State Director of the Nevada State Office of the Bureau of Land Management;

             (5) The State Supervisor of the Nevada State Office of the United States Fish and Wildlife Service;

             (6) The Forest Supervisor for the Humboldt-Toiyabe National Forest; and

             (7) Any other members appointed by the Governor as nonvoting members.

      2.  The provisions of subsection 6 of NRS 232A.020 do not apply to the appointment by the Governor of the members of the Council.

      3.  After the initial terms, each member of the Council appointed pursuant to subparagraphs (1) to (8), inclusive, of paragraph (a) of subsection 1 and subparagraph (7) of paragraph (b) of subsection 1 serves a term of 4 years, commencing on July 1.

      4.  A vacancy in the membership of the Council must be filled in the same manner as the original appointment for the remainder of the unexpired term. A member may be reappointed.

      5.  While engaged in the business of the Council, each voting member is entitled to receive a salary of not more than $80 per day, as established by the Council, and the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  The Council may:

      (a) Adopt regulations to govern the management and operation of the Council;

      (b) Establish subcommittees consisting of members of the Council to assist the Council in the performance of its duties; and

      (c) Consider and require the recovery of costs related to activities prescribed by paragraph (d) of subsection 2 of section 3 of this act pursuant to NRS 701.600 to 701.640, inclusive, or any other authorized method of recovering those costs.

      7.  The Council shall:

      (a) Consider the best science available in its determinations regarding and conservation of the greater sage grouse (Centrocercus urophasianus) and sagebrush ecosystems in this State;

      (b) Establish and carry out strategies for:

             (1) The conservation of the greater sage grouse and sagebrush ecosystems in this State; and

 


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             (2) Managing land which includes those sagebrush ecosystems, taking into consideration the importance of those sagebrush ecosystems and the interests of the State;

      (c) Establish and carry out a long-term system for carrying out strategies to manage sagebrush ecosystems in this State using an adaptive management framework and providing for input from interested persons and governmental entities;

      (d) Oversee any team within the Division of State Lands of the Department which provides technical services concerning sagebrush ecosystems;

      (e) Establish a program to mitigate damage to sagebrush ecosystems in this State by authorizing a system that awards credits to persons, federal and state agencies, local governments and nonprofit organizations to protect, enhance or restore sagebrush ecosystems;

      (f) Solicit suggestions and information and, if necessary, prioritize projects concerning the enhancement of the landscape, the restoration of habitat, the reduction of nonnative grasses and plants and the mitigation of damage to or the expansion of scientific knowledge of sagebrush ecosystems;

      (g) If requested, provide advice for the resolution of any conflict concerning the management of the greater sage grouse or a sagebrush ecosystem in this State;

      (h) Coordinate and facilitate discussion among persons, federal and state agencies and local governments concerning the maintenance of sagebrush ecosystems and the conservation of the greater sage grouse;

      (i) Provide information and advice to persons, federal and state agencies and local governments concerning any strategy, system, program or project carried out pursuant to this section or section 2 or 3 of this act; and

      (j) Provide direction to state agencies concerning any strategy, system, program or project carried out pursuant to this section or section 2 or 3 of this act and resolve any conflict with any direction given by another state board, commission or department jointly with that board, commission or department, as applicable.

      8.  On or before June 30 and December 31 of each year, the Council shall submit a written report to the Governor. The report must include, without limitation:

      (a) Information concerning the overall health and population of the greater sage grouse within this State and in the United States and the overall health of sagebrush ecosystems within this State, including, without limitation, information concerning any threats to the population of sage grouse and any sagebrush ecosystems within this State;

      (b) Information concerning all strategies, systems, programs and projects carried out pursuant to this section and sections 2 and 3 of this act, including, without limitation, information concerning the costs, sources of funding and results of those strategies, systems, programs and projects; and

      (c) Any other information specified by the Council.

      Sec. 7. NRS 232.010 is hereby amended to read as follows:

      232.010  As used in NRS 232.010 to 232.150, inclusive [:] , and sections 5 and 6 of this act:

 


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      1.  “Department” means the State Department of Conservation and Natural Resources.

      2.  “Director” means the Director of the State Department of Conservation and Natural Resources.

      Sec. 8. NRS 232.020 is hereby amended to read as follows:

      232.020  There is hereby created the State Department of Conservation and Natural Resources, in which is vested the administration of the provisions of NRS 232.010 to 232.150, inclusive [.] , and sections 5 and 6 of this act.

      Sec. 9. NRS 232.070 is hereby amended to read as follows:

      232.070  1.  As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the State Environmental Commission , [or] the State Conservation Commission [.] or the Sagebrush Ecosystem Council.

      2.  Except as otherwise provided in subsection 4, the Director shall:

      (a) Establish departmental goals, objectives and priorities.

      (b) Approve divisional goals, objectives and priorities.

      (c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.

      (d) Coordinate divisional programs within the Department and coordinate departmental and divisional programs with other departments and with other levels of government.

      (e) Appoint the executive head of each division within the Department.

      (f) Delegate to the executive heads of the divisions such authorities and responsibilities as the Director deems necessary for the efficient conduct of the business of the Department.

      (g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.

      (h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.

      (i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:

             (1) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;

             (2) Matters relating to the park and recreational policy of the State;

             (3) The use of land within this State which is under the jurisdiction of the Federal Government;

             (4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and

             (5) The preservation, protection and use of this State’s natural resources.

      3.  Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.

 


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the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.

      4.  This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission , [or] the State Conservation Commission [,] or the Sagebrush Ecosystem Council, but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the Commissions [.] and the Council.

      5.  [All] Except as otherwise provided in section 5 of this act, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.

      Sec. 10. NRS 232.090 is hereby amended to read as follows:

      232.090  1.  The Department consists of the Director and the following:

      (a) The Division of Water Resources.

      (b) The Division of State Lands.

      (c) The Division of Forestry.

      (d) The Division of State Parks.

      (e) The Division of Environmental Protection.

      (f) The Office of Historic Preservation.

      (g) Such other divisions as the Director may from time to time establish.

      2.  The State Environmental Commission, the State Conservation Commission, the Conservation Districts Program, the Nevada Natural Heritage Program , the Sagebrush Ecosystem Council and the Board to Review Claims are within the Department.

      Sec. 11. NRS 232.140 is hereby amended to read as follows:

      232.140  1.  [Money] Except as otherwise provided in section 5 of this act, money to carry out the provisions of NRS 232.010 to 232.150, inclusive, and sections 5 and 6 of this act to support the Department and its various divisions and other units must be provided by direct legislative appropriation from the State General Fund.

      2.  All money so appropriated must be paid out on claims approved by the Director in the same manner as other claims against the State are paid.

      Sec. 12.  NRS 232A.020 is hereby amended to read as follows:

      232A.020  1.  Except as otherwise provided in this section, a person appointed to a new term or to fill a vacancy on a board, commission or similar body by the Governor must have, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for the 6 months immediately preceding the date of the appointment:

      (a) In this State; and

      (b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.

      2.  After the Governor’s initial appointments of members to boards, commissions or similar bodies, all such members shall hold office for terms of 3 years or until their successors have been appointed and have qualified.

      3.  A vacancy on a board, commission or similar body occurs when a member dies, resigns, becomes ineligible to hold office or is absent from the State for a period of 6 consecutive months.

      4.  Any vacancy must be filled by the Governor for the remainder of the unexpired term.

 


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      5.  A member appointed to a board, commission or similar body as a representative of the general public must be a person who:

      (a) Has an interest in and a knowledge of the subject matter which is regulated by the board, commission or similar body; and

      (b) Does not have a pecuniary interest in any matter which is within the jurisdiction of the board, commission or similar body.

      6.  [The] Except as otherwise provided in section 6 of this act, the Governor shall not appoint a person to a board, commission or similar body if the person is a member of any other board, commission or similar body.

      7.  The provisions of subsection 1 do not apply if:

      (a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or

      (b) The membership of the particular board, commission or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.

      Sec. 13.  As soon as practicable after the effective date of this act, the Governor shall appoint the members of the Sagebrush Ecosystem Council described in paragraph (a) of subsection 1 of section 6 of this act as follows:

      1.  Three members to terms that expire on July 1, 2015;

      2.  Three members to terms that expire on July 1, 2016; and

      3.  Three members to terms that expire on July 1, 2017.

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

________

CHAPTER 514, AB 501

Assembly Bill No. 501–Committee on Ways and Means

 

CHAPTER 514

 

[Approved: June 11, 2013]

 

AN ACT relating to the Nevada System of Higher Education; authorizing certain capital projects at the campuses of the University of Nevada in Las Vegas and Reno; authorizing the issuance of general obligations of the State to pay the cost of the projects; pledging certain revenues as additional security for those obligations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill authorizes the Board of Regents of the University of Nevada to issue not more than $85 million in general obligation bonds of the State of Nevada to finance the planning, improvement, refurnishing and renovation of the Thomas and Mack Center at the University of Nevada, Las Vegas, and certain capital improvements at the University of Nevada, Reno.

 


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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 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this State an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

      2.  The Commission shall:

      (a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

      (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

      (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

      4.  The Commission shall pay over the tax as collected to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund, and the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education, which are hereby created in the State Treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section, or for any other purpose authorized by the Legislature [.] if sufficient money is available in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education on July 31 of each year to pay the principal and interest due in that fiscal year on the bonds described in subsection 6.

      5.  During each fiscal year, the State Treasurer shall deposit the tax paid over to him or her by the Commission as follows:

      (a) The first $5,000,000 of the tax in the Capital Construction Fund for Higher Education;

      (b) Twenty percent of the tax in the Special Capital Construction Fund for Higher Education; and

      (c) The remainder of the tax in the State Distributive School Account in the State General Fund.

 


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      6.  There is hereby appropriated from the balance in the Special Capital Construction Fund for Higher Education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, [and] the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106 [.] , and the bonds authorized to be issued by section 2 of this act. If in any year the balance in that Fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the Capital Construction Fund for Higher Education. The balance remaining unappropriated in the Capital Construction Fund for Higher Education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the State General Fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the Nevada System of Higher Education an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the Nevada System of Higher Education to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.

      7.  After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the Legislature, money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education must be transferred by the State Controller and the State Treasurer to the State Public Works Board for the construction of capital improvement projects for the Nevada System of Higher Education, including, but not limited to, capital improvement projects for the community colleges of the Nevada System of Higher Education. As used in this subsection, “construction” includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either Fund at the end of a fiscal year does not revert to the State General Fund but remains in those Funds for authorized expenditure.

      8.  The money deposited in the State Distributive School Account in the State General Fund under this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of the State at the times and in the manner provided by law.

      9.  The Board of Regents of the University of Nevada may use any money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the Legislature.

 


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issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the Legislature.

      Sec. 2.  1.  The Board of Regents of the University of Nevada may issue, as provided in subsection 2, not more than $85,000,000 in face amount of general obligation bonds of the State of Nevada to provide money necessary to accomplish the purposes of this act. The bonds may be issued at one time or from time to time.

      2.  The Board of Regents, on behalf and in the name of the State of Nevada, may, in cooperation with the State Treasurer, with the approval of the State Board of Finance as provided in NRS 349.225 and consistent with the provisions of the State Securities Law:

      (a) Finance the planning, improvement, refurnishing and renovation of the Thomas and Mack Center for the University of Nevada, Las Vegas, including equipment, furnishings and appurtenances therefor by issuing general obligation bonds and other general obligation securities of the State in a principal amount which does not exceed $57,706,423.

      (b) Finance the planning, construction, improvement, refurnishing and renovation of buildings and capital improvements for the University of Nevada, Reno, including equipment, furnishings and appurtenances therefor by issuing general obligation bonds and other general obligation securities of the State in a principal amount which does not exceed $27,293,577.

      3.  The Board of Regents may acquire and construct the projects designated in subsection 2 and issue state securities to finance the costs of those projects in a total principal amount not to exceed $85,000,000. For the purposes of this act, the costs of the project may include interest on the bonds for the period estimated by the Board of Regents to effect the project plus 3 years. The Board of Regents may:

      (a) Cooperate with other public and private entities in financing the projects specified in subsection 2; and

      (b) Increase the amount of money expended on the projects specified in subsection 2 to the extent money is made available for that purpose from a source other than the state general obligation securities authorized to be issued by this act.

      4.  If bonds or other securities are issued pursuant to this act, the faith of the State of Nevada is hereby pledged that the tax imposed by subsection 1 of NRS 463.385 and credited to the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education pursuant to subsection 5 will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.

      5.  Subject to the limitations as to maximum principal amount set forth in subsections 1, 2 and 3, the Board of Regents may issue to defray the cost of the projects designated in subsection 2, or any part of the projects, at any time or from time to time general obligation securities of the State, which are payable from ad valorem taxes levied annually in an amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor. The proceeds of any such taxes must be appropriated for the payment of those securities, and this appropriation must neither be repealed nor the taxes postponed or diminished, except to the extent that other money is used for their payment, until the principal and interest of those securities have been wholly paid. The payment of those securities must be additionally secured by a pledge of the gross revenues credited to the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education, and those securities must be paid from the revenues in either or both of those Funds as the interest on, any prior premiums of redemption due in connection with, and the principal of the securities become due.

 


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ê2013 Statutes of Nevada, Page 3392 (Chapter 514, AB 501)ê

 

Education and the Special Capital Construction Fund for Higher Education, and those securities must be paid from the revenues in either or both of those Funds as the interest on, any prior premiums of redemption due in connection with, and the principal of the securities become due.

      6.  As provided in subsection 4 of NRS 349.304, any interest or other gain from the temporary investment of proceeds of securities pending their expenditure on the project must be accounted for in an account or accounts for defraying, and must be used to defray the cost of the project, or accounted for in a reserve account or reserve accounts therefor, until sufficient money has been encumbered to ensure the completion of the project.

      7.  Any securities issued pursuant to this section may be issued in such a manner at, above or below par, without limitation as to interest rate, effective interest rate or any discount, and may be sold by the Board of Regents at public sale in accordance with the State Securities Law or at private sale.

      8.  This section does not prevent the Board of Regents from funding, refunding or reissuing any outstanding general obligation securities of the State issued by the Board of Regents on behalf of the State for the benefit of the Nevada System of Higher Education, and payable from ad valorem taxes, whose payment is additionally secured by a pledge of the proceeds of any excise taxes credited to the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education, at any time as provided in the State Securities Law, in cooperation with the State Treasurer and with the approval of the State Board of Finance as provided in NRS 349.225.

      9.  Any securities issued pursuant to this section must be executed as provided in the State Securities Law in accordance with NRS 349.282 and 349.284 and must be countersigned by the Chair of the Board of Regents and the Chancellor and Treasurer of the Nevada System of Higher Education in accordance with NRS 349.282 and 349.284.

      Sec. 3.  The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act do not affect the powers conferred by, any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.

      Sec. 4.  The Legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.

      Sec. 5.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 6.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 3393ê

 

CHAPTER 515, SB 504

Senate Bill No. 504–Committee on Education

 

CHAPTER 515

 

[Approved: June 12, 2013]

 

AN ACT relating to education; creating the English Mastery Council; prescribing the membership and duties of the Council; requiring the board of trustees of each school district to develop a policy for the instruction to teach English to pupils who are limited English proficient; requiring the Commission on Professional Standards in Education to adopt regulations prescribing an endorsement to teach English as a second language; authorizing the Board of Regents of the University of Nevada to consider the recommendations of the Council for a course of study to obtain such an endorsement; making appropriations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the State Board of Education, the boards of trustees of school districts and the sponsors of charter schools are required to prepare annual reports of accountability that include various information on public schools and the pupils enrolled in public schools. (NRS 385.3469, 385.347) Sections 1.1 and 1.2 of this bill require those reports to include information on the progression of the achievement and proficiency of pupils who are limited English proficient.

      Section 1.4 of this bill creates and sets forth the membership of the English Mastery Council. Section 1.5 of this bill sets forth the duties of the Council which include: (1) making recommendations to the State Board for the adoption of regulations concerning the criteria for the development of policies required of school districts for the instruction to teach English to pupils who are limited English proficient; (2) reviewing the policies annually and making recommendations to the State Board and the school districts for improvement; (3) making recommendations to the Superintendent of Public Instruction and the Commission on Professional Standards in Education for the adoption of regulations for an endorsement to teach English as a second language; (4) developing standards for curriculum for pupils who are limited English proficient for review by the State Board; and (5) reviewing any courses of study offered by the Nevada System of Higher Education to teach English as a second language and making recommendations to the Board of Regents of the University of Nevada for improvement. Section 17 of this bill terminates the Council on June 30, 2019.

      Under existing law, the State Board of Education is required to establish a program to teach the English language to pupils who are limited English proficient. (NRS 388.405) Section 2 of this bill eliminates that requirement and instead requires the State Board to prescribe criteria for a policy for the instruction to teach English to pupils who are limited English proficient for development by the board of trustees of each school district. Section 2 of this bill requires the board of trustees of each school district to develop such policies and sets forth certain requirements for the policies.

      Under existing law, the Commission on Professional Standards in Education is required to adopt regulations prescribing the qualifications for the licensure and endorsement of teachers. (NRS 391.019) Sections 4 and 16.6 of this bill require the Commission, on or before July 1, 2014, and based upon the recommendations of the English Mastery Council, to prescribe by regulation the requirements for obtaining an endorsement to teach English as a second language. If the Commission does not adopt such regulations by that date, section 16.6 requires the State Board to adopt the regulations on or before January 1, 2015, and to provide written notice to the English Mastery Council that the State Board adopted the regulations.

 


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      Section 16.1 of this bill provides that if the Nevada System of Higher Education offers a course of study for obtaining an endorsement to teach English as a second language, the Board of Regents of the University of Nevada may consider the recommendations submitted by the English Mastery Council in establishing the curriculum and standards for the course of study.

 

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. 1.1. NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made:

             (1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

 


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improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

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

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) The total number of persons employed by each school district in this State, including without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of a school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of a school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of a school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (l) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

 


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                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (m) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (o) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (p) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

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

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

             (3) Withdraw from school to attend another school.

      (q) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

      (v) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

      (x) Each source of funding for this State to be used for the system of public education.

      (y) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study.

             (2) An identification of each program of remedial study, listed by subject area.

      (z) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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      (aa) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (bb) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

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

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (cc) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (dd) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (ee) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ff) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (gg) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

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

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

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

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

 


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

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

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

      (ii) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, reported for each school district, including, without limitation, each charter school in the district, and for the State as a whole.

      (jj) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information regarding the progression of pupils who are limited English proficient in attaining proficiency in the English language, including, without limitation:

            (1) The number and percentage of pupils who were identified as limited English proficient at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;

             (2) The achievement and proficiency of pupils who are limited English proficient in comparison to the pupils who are proficient in English;

             (3) A comparison of pupils who are limited English proficient and pupils who are proficient in the English language in the following areas:

                   (I) Retention rates;

                   (II) Graduation rates;

                   (III) Dropout rates;

                   (IV) Grade point averages; and

                   (V) Scores on the examinations administered pursuant to NRS 389.015 and 389.550; and

             (4) Results of the assessments and reassessments of pupils who are limited English proficient, reported separately by the primary language of the pupils, pursuant to the policies developed by the boards of trustees of school districts pursuant to section 1.7 of this act.

      2.  A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before October 15 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

 


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      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

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

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 1.2. NRS 385.347 is hereby amended to read as follows:

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

      2.  The board of trustees of each school district shall, on or before September 30 of each year, prepare an annual report of accountability concerning:

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

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school sponsored by the district, and each grade in which the examinations were administered:

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

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

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

 


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                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board.

             (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

             (5) The percentage of pupils who were not tested.

             (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in subparagraph (3).

             (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools sponsored by the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

             (9) For each school in the district, including, without limitation, each charter school sponsored by the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

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

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (d) The total number of persons employed for each elementary school, middle school or junior high school, and high school in the district, including, without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school in each category, the report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school.

 


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report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of the school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of the school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of the school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (e) The total number of persons employed by the school district, including without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by the school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph, “administrator,” “other staff” and “teacher” have the meanings ascribed to them in paragraph (d).

      (f) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

 


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schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (g) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

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

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

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

      (i) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (j) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

 


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

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

             (3) Withdraw from school to attend another school.

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

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

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

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

             (3) The involvement of parents and the engagement of families of pupils enrolled in the district in the education of their children.

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

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

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

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

      (q) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

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

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

      (t) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) An identification of each program of remedial study, listed by subject area.

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

 


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ê2013 Statutes of Nevada, Page 3405 (Chapter 515, SB 504)ê

 

graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

      (v) The technological facilities and equipment available at each school, including, without limitation, each charter school sponsored by the district, and the district’s plan to incorporate educational technology at each school.

      (w) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who received:

             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

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

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (x) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

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

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

      (aa) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (bb) Information on whether each public school in the district, including, without limitation, each charter school sponsored by the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (cc) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school sponsored by the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

 


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employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (dd) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (ee) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

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

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

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

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

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

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

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

      (gg) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (hh) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information regarding the progression of pupils who are limited English proficient in attaining proficiency in the English language, including, without limitation:

             (1) The number and percentage of pupils who were identified as limited English proficient at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;

             (2) The achievement and proficiency of pupils who are limited English proficient in comparison to the pupils who are proficient in English;

             (3) A comparison of pupils who are limited English proficient and pupils who are proficient in the English language in the following areas:

                   (I) Retention rates;

                   (II) Graduation rates;

 


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                   (III) Dropout rates;

                   (IV) Grade point averages; and

                   (V) Scores on the examinations administered pursuant to NRS 389.015 and 389.550; and

             (4) Results of the assessments and reassessments of pupils who are limited English proficient, reported separately by the primary language of the pupils, pursuant to the policy developed by the board of trustees of the school district pursuant to section 1.7 of this act.

      (ii) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before September 30 of each year, prepare an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in paragraphs (a) to [(hh),] (ii), inclusive, of subsection 2, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the Department.

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

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

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

      5.  The annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      6.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsections 2 and 3 and provide the forms to the respective school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.

      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

 


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ê2013 Statutes of Nevada, Page 3408 (Chapter 515, SB 504)ê

 

charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

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

      7.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      8.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (i) of subsection 2.

      (b) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3.

      9.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to subsection 2 or 3, as applicable, is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district.

 


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by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

      10.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 9 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to subsection 2 or 3, as applicable.

      11.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 1.3. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 to 1.7, inclusive, of this act.

      Sec. 1.4. 1.  The English Mastery Council is hereby created. The English Mastery Council consists of the following 16 members:

      (a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the English Mastery Council.

      (b) Two members who have knowledge and expertise in language acquisition and who represent the Nevada System of Higher Education, appointed by the Chancellor of the Nevada System of Higher Education.

      (c) Two members who are teachers at public schools in this State, hold a master’s degree to teach English as a second language and have knowledge and expertise in providing instruction to pupils who are limited English proficient, appointed by the Governor from a list of nominees submitted by the Nevada State Education Association, or its successor organization. The Governor shall ensure that the members appointed pursuant to this paragraph represent the geographic and ethnic diversity of this State.

      (d) Two members who are parents or legal guardians of pupils who are limited English proficient, one of whom is appointed by the Governor from a list of nominees submitted by the Speaker of the Assembly and one of whom is appointed by the Governor from a list of nominees submitted by the Majority Leader of the Senate. The Governor shall ensure that the members appointed pursuant to this paragraph represent the geographic and ethnic diversity of this State. The Nevada Parent Teacher Association shall submit a list of names of persons that the Association would recommend for inclusion on the list of nominees submitted by the Speaker of the Assembly and the Majority Leader of the Senate.

 


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      (e) Two members who are school-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

      (f) Two members who are school-district-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

      (g) One member who is a member of a board of trustees of a school district, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Boards.

      (h) Two members who are representatives of the general public, private business and industry in this State or nonprofit organizations and who have been leaders in education reform related to pupils who are limited English proficient, appointed by the Governor.

      (i) Two members with expertise in the development of public policy relating to the education of pupils who are limited English proficient, appointed by the Superintendent of Public Instruction upon the advice and recommendation of persons who have knowledge and expertise in providing instruction to pupils who are limited English proficient.

      2.  Each appointed member of the English Mastery Council serves a term of 2 years and may be reappointed to additional terms.

      3.  A vacancy on the English Mastery Council must be filled in the same manner as the original appointment.

      4.  The English Mastery Council shall, at its first meeting and annually thereafter, elect a Chair from among its members.

      5.  The English Mastery Council shall meet at least quarterly and may meet at other times upon the call of the Chair.

      6.  Members of the English Mastery 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 allowances and travel expenses provided for state officers and employees generally.

      7.  A member of the English Mastery 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.

      8.  The English Mastery 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 1.5 of this act.

      9.  The Department shall provide administrative support to the English Mastery Council.

      Sec. 1.5. The English Mastery Council created by section 1.4 of this act shall:

      1.  Make recommendations to the State Board for the adoption of regulations concerning criteria for the policies to teach English to pupils who are limited English proficient that are developed by the board of trustees of each school district pursuant to section 1.7 of this act.

 


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who are limited English proficient that are developed by the board of trustees of each school district pursuant to section 1.7 of this act.

      2.  Review annually each policy to teach English to pupils who are limited English proficient that is developed by the board of trustees of each school district pursuant to section 1.7 of this act and make recommendations for improvement to the State Board and the applicable board of trustees.

      3.  Make recommendations to the Superintendent of Public Instruction, the Commission on Professional Standards in Education and the State Board for:

      (a) The adoption of regulations pursuant to NRS 391.019 concerning the requirements for an endorsement to teach English as a second language, including, without limitation, the teachers who should be required to obtain the endorsement; and

      (b) After the adoption of the regulations pursuant to paragraph (a), any revisions to those regulations as deemed necessary by the Council.

      4.  Develop standards and criteria for a curriculum for pupils who are limited English proficient and submit those standards and criteria to the State Board for consideration.

      5.  Review any course of study offered by the Nevada System of Higher Education for training to teach English as a second language to determine if the course of study, including, without limitation, student teaching, is sufficiently rigorous to provide teachers with the tools necessary to improve the English proficiency and academic achievement and proficiency of pupils who are limited English proficient.

      6.  Make recommendations to the Board of Regents of the University of Nevada for the improvement of any course of study described in subsection 5 and submit a copy of those recommendations to the Governor and the State Board.

      Sec. 1.6. 1.  On or before February 1 of each year, the English Mastery Council created by section 1.4 of this act shall prepare an annual report concerning the status of the Council in carrying out its duties prescribed by section 1.5 of this act, including, without limitation, a description of the recommendations made by the Council to the Superintendent of Public Instruction, the Commission on Professional Standards in Education, the State Board, the Board of Regents of the University of Nevada and the boards of trustees of school districts and the response of each of those entities to the recommendations.

      2.  The report prepared pursuant to subsection 1 must be submitted to the Governor, the State Board and:

      (a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

      (b) In even-numbered years, to the Legislative Committee on Education.

      3.  The Department shall post a copy of each report prepared by the English Mastery Council pursuant to subsection 1 on the Internet website maintained by the Department.

      Sec. 1.7. 1.  The board of trustees of each school district shall develop a policy for the instruction to teach English to pupils who are limited English proficient. The policy must be designed to provide pupils enrolled in each public school located in the school district who are limited English proficient with instruction that enables those pupils to attain proficiency in the English language and improve their overall academic achievement and proficiency.

 


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English proficient with instruction that enables those pupils to attain proficiency in the English language and improve their overall academic achievement and proficiency.

      2.  The policy developed pursuant to subsection 1 must:

      (a) Provide for the identification of pupils who are limited English proficient through the use of an appropriate assessment;

      (b) Provide for the periodic reassessment of each pupil who is classified as limited English proficient;

      (c) Be designed to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are limited English proficient and pupils who are proficient in English;

      (d) Provide opportunities for the parents or legal guardians of pupils who are limited English proficient to participate in the program; and

      (e) Provide the parents and legal guardians of pupils who are limited English proficient with information regarding other programs that are designed to improve the language acquisition and academic achievement and proficiency of pupils who are limited English proficient and assist those parents and legal guardians in enrolling those pupils in such programs.

      Sec. 2. NRS 388.405 is hereby amended to read as follows:

      388.405  1.  The Legislature finds and declares that:

      (a) It is the public policy of this State to provide every child enrolled in a public school with high-quality instruction.

      (b) Children who are limited English proficient benefit from instruction that is designed to address the academic and linguistic needs of those children.

      (c) It is the intent of the Legislature that children who are limited English proficient be provided with services and instruction which is designed to address the academic needs of such children so that those children attain proficiency in the English language and improve their overall academic and linguistic achievement and proficiency.

      2.  The State Board shall:

      [1.  Establish a program to teach the English language to pupils who are limited English proficient.

      2.](a) Adopt regulations [to carry out the program. The regulations must prescribe the procedure by which a school district may obtain a waiver from the requirements of the program.] prescribing criteria for a policy for the instruction to teach English to pupils who are limited English proficient which is developed by the board of trustees of each school district pursuant to section 1.7 of this act. The Superintendent of Public Instruction shall monitor each school district’s compliance with the criteria prescribed by the State Board pursuant to this subsection.

      [3.](b) Submit all evaluations required pursuant to 20 U.S.C. §§ 6801 et seq. and the regulations adopted pursuant thereto regarding the programs for pupils who are limited English proficient carried out pursuant to that provision of federal law to the:

      [(a)](1) Governor;

      [(b)](2) Legislative Committee [;] on Education;

      [(c)Bureau;]