[Rev. 1/29/2019 1:04:50 PM]
κ2017 Statutes of Nevada, Page 1991κ
Senate Bill No. 281Senator Manendo (by request)
CHAPTER 331
[Approved: June 3, 2017]
AN ACT relating to real property; revising provisions relating to the disposition of excess proceeds received from the sale of real property by a county treasurer for delinquent taxes; revising provisions governing agreements to locate, deliver, recover or assist in the recovery of such excess proceeds; revising provisions governing the assessment of common expenses in a common-interest community; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a county tax receiver to execute and deliver a deed of a property in trust to the county treasurer under certain circumstances when the taxes on the property are delinquent. (NRS 361.585) After the deed has been delivered to the county treasurer, the county treasurer is authorized to make certain dispositions of the property, including, without limitation: (1) reconveying the property to certain persons upon payment of the amount of property taxes accrued, plus any costs, penalties and interest, if such payment is made within a certain time before the sale of the property by the county treasurer; or (2) selling the property to recover the delinquent taxes. (NRS 361.585, 361.595) If the county treasurer sells the property and excess proceeds remain after the county treasurer has applied the proceeds of the sale to the delinquent taxes and certain other payments, existing law provides for the distribution of the excess proceeds from the sale to certain persons holding securing interests in the order of priority of their recorded liens. (NRS 361.610)
Section 2 of this bill revises provisions relating to the distribution of excess proceeds from the sale of property to recover delinquent taxes. Section 2 authorizes the following persons to receive a distribution of excess proceeds from such a sale: (1) a person who has a lien on the property for certain waste management fees or charges; (2) the unit-owners association of a common-interest community if the association has caused to be recorded a notice of default and election to sell a property to satisfy its lien on the property and that notice has not been rescinded; and (3) the unit-owners association of a condominium hotel or an owner of a unit of a condominium hotel if the association or owner has caused to be recorded a notice of default and election to sell a property to satisfy the associations or owners lien on the property and that notice has not been rescinded. Under section 2, if a unit-owners association of a common-interest community recovers excess proceeds from the sale of a residential unit in the common-interest community, the association may not collect any amount remaining due to the association from the owner of the residential unit after receiving the excess proceeds. Finally, section 2 provides that the cap on the amount of the fee that may be charged by a person who assists another person in recovering excess proceeds from a sale of property for delinquent taxes applies only to a fee charged to a natural person who owned and occupied the property as his or her primary residence at the time of the sale.
Generally, existing law requires the expenses of a unit-owners association to be paid by imposing assessments against the units that are part of the association. (NRS 116.019, 116.3115) However, under existing law, expenses benefitting fewer than all of the units owners may be assessed only against the units or units owners benefited by the expenses. (NRS 116.3115) Section 2.5 of this bill specifies that if a unit-owners association pays, on behalf of a units owner, delinquent property taxes or utility charges owed by the units owner, those expenses may be assessed against the unit or the units owner.
κ2017 Statutes of Nevada, Page 1992 (CHAPTER 331, SB 281)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 361.610 is hereby amended to read as follows:
361.610 1. Out of the sale price or rents of any property of which he or she is trustee, the county treasurer shall pay the costs due any officer for the enforcement of the tax upon the parcel of property and all taxes owing thereon, and upon the redemption of any property from the county treasurer as trustee, he or she shall pay the redemption money over to any officers having fees due them from the parcels of property and pay the tax for which it was sold and pay the redemption percentage according to the proportion those fees respectively bear to the tax.
2. In no case may:
(a) Any service rendered by any officer under this chapter become or be allowed as a charge against the county; or
(b) The sale price or rent or redemption money of any one parcel of property be appropriated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed.
3. After paying all the tax and costs upon any one parcel of property, the county treasurer shall pay into the general fund of the county, from the excess proceeds of the sale:
(a) The first $300 of the excess proceeds; and
(b) Ten percent of the next $10,000 of the excess proceeds.
4. The amount remaining after the county treasurer has paid the amounts required by subsection 3 must be deposited in an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the excess proceeds within 1 year after the deed given by the county treasurer is recorded, the county treasurer shall pay the money into the general fund of the county, and it must not thereafter be refunded to the former property owner or his or her successors in interest. All interest paid on money deposited in the account required by this subsection is the property of the county.
5. If a person [who would have been entitled to receive reconveyance of the property pursuant to NRS 361.585] listed in subsection 6 makes a claim in writing for the excess proceeds within 1 year after the deed is recorded, the county treasurer shall pay the claim or the proper portion of the claim over to the person if the county treasurer is satisfied that the person is entitled to it.
6. A claim for excess proceeds must be paid out in the following order of priority to:
(a) The following persons [specified in paragraphs (b), (c), (d), (g), (h) and (i) of subsection 4 of NRS 361.585] in the order of priority of the [recorded] liens [;] recorded or perfected before the sale:
(1) A person holding a valid lien under subsection 3 of NRS 444.520;
(2) Persons specified in paragraphs (b), (c), (d), (g), (h) and (i) of subsection 4 of NRS 361.585;
(3) An association, as defined in NRS 116.011, that has caused to be recorded a notice of default and election to sell the property pursuant to paragraph (b) of subsection 1 of NRS 116.31162 that has not been rescinded; and
κ2017 Statutes of Nevada, Page 1993 (CHAPTER 331, SB 281)κ
(4) An association, as defined in NRS 116B.030, or a hotel unit owner, as defined in NRS 116B.125, that has caused to be recorded a notice of default and election to sell the property pursuant to paragraph (b) of subsection 1 of NRS 116B.635 that has not been rescinded; and
(b) Any person specified in paragraphs (a), (e) and (f) of subsection 4 of NRS 361.585.
7. The county treasurer shall approve or deny a claim within 30 days after the period described in subsection 4 for filing a claim has expired. Any records or other documents concerning a claim shall be deemed the working papers of the county treasurer and are confidential. If more than one person files a claim, and the county treasurer is not able to determine who is entitled to the excess proceeds, the matter must be submitted to mediation.
8. If the mediation is not successful, the county treasurer shall:
(a) Conduct a hearing to determine who is entitled to the excess proceeds; or
(b) File an action for interpleader.
9. A person who is aggrieved by a determination of the county treasurer pursuant to this section may, within 90 days after the person receives notice of the determination, commence an action for judicial review of the determination in district court.
10. If an association, as defined in NRS 116.011, recovers any amount of excess proceeds of a sale of a residential unit, as defined in NRS 116.332, the amount recovered by the association shall be deemed to have satisfied the debt owed by the owner of the residential unit to the association and the association may not recover in a civil action or otherwise collect any deficiency remaining due to the association from the owner.
11. Any agreement to locate, deliver, recover or assist in the recovery of remaining excess proceeds of a sale which is entered into by a person [who would have been entitled to receive reconveyance of the property pursuant to] listed in subsection [4 of NRS 361.585] 6 must:
(a) Be in writing.
(b) Be signed by the person [who would have been entitled to receive reconveyance.] listed in subsection 6.
(c) [Not] If the agreement is entered into by a natural person for assistance in the recovery of excess proceeds remaining from a sale of a residence that was occupied by that natural person as his or her primary residence at the time of the sale, not provide for a fee of more than 10 percent of the total remaining excess proceeds of the sale due that person.
[11.] 12. In addition to authorizing a person pursuant to an agreement described in subsection 10 to file a claim and collect from the county treasurer any property owed to the person, a person [described] listed in subsection [4 of NRS 361.585] 6 may authorize a person pursuant to a power of attorney, assignment or any other legal instrument to file a claim and collect from the county treasurer any property owed to him or her. The county is not liable for any losses resulting from the approval of the claim if the claim is paid by the county treasurer in accordance with the provisions of the legal instrument.
Sec. 2.5. NRS 116.3115 is hereby amended to read as follows:
116.3115 1. Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151.
κ2017 Statutes of Nevada, Page 1994 (CHAPTER 331, SB 281)κ
annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151. Unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and a budget for the reserves required by paragraph (b) of subsection 2.
2. Except for assessments under subsections 4 to 7, inclusive, or as otherwise provided in this chapter:
(a) All common expenses, including the reserves, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.
(b) The association shall establish adequate reserves, funded on a reasonable basis, for the repair, replacement and restoration of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore. The reserves may be used only for those purposes, including, without limitation, repairing, replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance. The association may comply with the provisions of this paragraph through a funding plan that is designed to allocate the costs for the repair, replacement and restoration of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore over a period of years if the funding plan is designed in an actuarially sound manner which will ensure that sufficient money is available when the repair, replacement and restoration of the major components of the common elements or any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore are necessary. Notwithstanding any provision of the governing documents to the contrary, to establish adequate reserves pursuant to this paragraph, including, without limitation, to establish or carry out a funding plan, the executive board may, without seeking or obtaining the approval of the units owners, impose any necessary and reasonable assessments against the units in the common-interest community. Any such assessments imposed by the executive board must be based on the study of the reserves of the association conducted pursuant to NRS 116.31152.
3. Any assessment for common expenses or installment thereof that is 60 days or more past due bears interest at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date the assessment becomes past due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the balance is satisfied.
4. Except as otherwise provided in the governing documents:
(a) Any common expense associated with the maintenance, repair, restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;
(b) Any common expense benefiting fewer than all of the units or their owners , including, without limitation, common expenses consisting of the payment, on behalf of a units owner, of delinquent property taxes or utility charges owed by the units owner, may be assessed exclusively against the units or units owners benefited; and
κ2017 Statutes of Nevada, Page 1995 (CHAPTER 331, SB 281)κ
(c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
5. Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.
6. If damage to a unit or other part of the common-interest community, or if any other common expense is caused by the willful misconduct or gross negligence of any units owner, tenant or invitee of a units owner or tenant, the association may assess that expense exclusively against his or her unit, even if the association maintains insurance with respect to that damage or common expense, unless the damage or other common expense is caused by a vehicle and is committed by a person who is delivering goods to, or performing services for, the units owner, tenant or invitee of the units owner or tenant.
7. The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.
8. If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.
9. The association shall provide written notice to each units owner of a meeting at which an assessment for a capital improvement is to be considered or action is to be taken on such an assessment at least 21 calendar days before the date of the meeting.
Sec. 3. This act becomes effective on July 1, 2017.
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Senate Bill No. 323Senators Cancela, Segerblom, Spearman, Woodhouse, Parks; Cannizzaro, Denis and Farley
CHAPTER 332
[Approved: June 3, 2017]
AN ACT relating to the Supplemental Nutrition Assistance Program; prescribing the manner in which the Department of Health and Human Services must calculate the 36-month time period for determining a persons eligibility for benefits under the Program; requiring the Department to seek a waiver from certain federal requirements concerning eligibility for benefits under the Program under certain circumstances; authorizing the Division of Welfare and Supportive Services of the Department to grant exemptions from those requirements and to prioritize certain persons for such an exemption; requiring the Department to create a voluntary workfare program; authorizing the Division to contract with appropriate persons and entities for certain purposes relating to the Supplemental Nutrition Assistance Program; temporarily requiring the Department to consult with certain persons concerning actions of the Federal Government and the Department relating to the Program; and providing other matters properly relating thereto.
κ2017 Statutes of Nevada, Page 1996 (CHAPTER 332, SB 323)κ
Legislative Counsels Digest:
Federal law establishes the Supplemental Nutrition Assistance Program. (7 U.S.C. §§ 2011 et seq.) The Program in this State is administered by the Department of Health and Human Services. (NRS 422A.338) Under federal law, certain Program beneficiaries who have received benefits for at least 3 months during the preceding 36-month period are required to: (1) work for at least 20 hours per week; or (2) participate for at least 20 hours per week in a work program approved by the state agency which administers the Program. (7 U.S.C. §§ 2015(o)(2)(A) and (B), 2015(o)(3)) Alternatively, federal law allows a beneficiary to meet the work requirement by serving in a federally approved workfare or volunteer work program operated by the State. (7 U.S.C. § 2015(o)(2)(C)) Section 2 of this bill requires the Department to calculate the 36-month period such that the period begins and ends on fixed, definite dates that are the same for each beneficiary in this State and runs continuously.
Federal law authorizes the state agency which administers the Program to request that the Secretary of Health and Human Services waive the work requirement for certain groups of beneficiaries. Such a waiver may be granted if the Secretary determines that: (1) the beneficiaries the waiver seeks to exempt reside in a geographic area where the unemployment rate exceeds 10 percent; or (2) the geographic area in which the waiver will apply does not have a sufficient number of jobs to provide adequate employment for the affected group of beneficiaries. (7 U.S.C. § 2015(o)(4)(A)) This State currently operates under such a waiver granted by the Secretary that expires on July 1, 2017. Section 2 requires the Department to seek such a waiver whenever this State or a portion thereof is eligible for such a waiver.
Additionally, under federal law, the state agency which administers the Program may grant exemptions from the work requirement for up to 15 percent of the Program beneficiaries even if the State has not sought a waiver from the Secretary. (7 U.S.C. § 2015(o)(6)(D)) Section 2 authorizes the Division of Welfare and Supportive Services of the Department to: (1) grant such an exemption to the extent authorized by federal law; and (2) prioritize certain persons for such an exemption, which would allow those persons to continue to receive benefits under the Program. Additionally, section 2 requires the Department to establish a voluntary workfare program to assist Program beneficiaries in meeting the work requirement. Finally, section 2 authorizes the Division to contract with appropriate persons and entities to assist in determining whether a person is exempt from the work requirement. Section 3 of this bill requires the Department to consult as necessary until October 1, 2019, with persons and entities who provide services to persons who are subject to the work requirement concerning actions by the Federal Government relating to that requirement and the Departments efforts to implement the provisions of section 2.
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 422A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Department shall:
(a) Calculate the 36-month period prescribed by 7 U.S.C. § 2015(o)(2) such that the period begins and ends on fixed, definite dates that are the same for each recipient of benefits under the Supplemental Nutrition Assistance Program in this State and runs continuously.
κ2017 Statutes of Nevada, Page 1997 (CHAPTER 332, SB 323)κ
(b) Seek a waiver pursuant to 7 U.S.C. § 2015(o)(4) whenever this State or any portion thereof is eligible for a waiver under the provisions of that section to allow a group of persons who are otherwise subject to the 3-month limit to receive Supplemental Nutrition Assistance Program benefits pursuant to 7 U.S.C. § 2015(o)(2) to continue to receive such benefits without meeting the federal requirements.
(c) Adopt regulations to establish a voluntary workfare program in accordance with the requirements set forth in 7 C.F.R. § 273.7(m)(8) to allow a person to meet the eligibility requirements set forth in 7 U.S.C. § 2015(o)(2) by participating in such a program. The voluntary workfare program must provide that participants will receive benefits at a rate equivalent to the state minimum wage.
2. The Division may:
(a) To the extent authorized by the provisions of 7 U.S.C. § 2015(o)(6), grant exemptions to persons from the 3-month limit to receive Supplemental Nutrition Assistance Program benefits pursuant to 7 U.S.C. § 2015(o)(2); and
(b) Prioritize a person for such an exemption:
(1) If the person works more than 20 hours per week for part of a year and less than 20 hours per week for the remainder of the year;
(2) For 1 year after the person was discharged from the Armed Forces of the United States or the National Guard;
(3) If the person does not have custody of his or her child but is responsible for child support; or
(4) If the person is an unpaid caregiver for a parent, child or sibling who is elderly or disabled.
3. The Division may contract with appropriate persons or entities to assist in determining whether a person is eligible to receive benefits under the provisions of any waiver granted pursuant to paragraph (b) of subsection 1 or is eligible for any available exemption from the 3-month limit for receiving Supplemental Nutrition Assistance Program benefits prescribed by 7 U.S.C. § 2015(o)(2).
Sec. 3. The Department shall consult whenever necessary with persons and entities who provide services to persons subject to the 3-month limit for receiving Supplemental Nutrition Assistance Program benefits prescribed by 7 U.S.C. § 2015(o)(2) concerning actions of the Federal Government relating to that 3-month limit and the efforts of the Department to comply with the requirements of section 2 of this act.
Sec. 4. 1. This section and sections 1 and 3 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on July 1, 2017, for all other purposes.
3. Section 3 of this act expires by limitation on October 1, 2019.
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κ2017 Statutes of Nevada, Page 1998κ
Senate Bill No. 364Senators Parks, Segerblom, Manendo, Spearman; Ratti and Woodhouse
CHAPTER 333
[Approved: June 3, 2017]
AN ACT relating to wildlife; amending the definition of trap to exclude certain devices; requiring the Department of Wildlife to develop standard language for certain signs required to be posted in areas in which trapping may occur; requiring, with limited exception, each trap, snare or similar device used by a person in the taking of wild animals which is not registered with the Department, to bear the name and address of the owner; revising the fee to register a trap, snare or similar device; authorizing a person to remove or disturb a trap, snare or similar device under certain circumstances; expanding the requirement that a person who takes or causes to be taken any wild mammals by means of certain traps, snares or similar devices must visit such trap, snare or similar device at a certain frequency to include all traps, snares or similar devices; revising the circumstances under which a person is prohibited from placing or setting a trap, snare or similar device within 200 feet of any public road or highway; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines the term trap for purposes of title 45 of NRS governing wildlife to mean a device that is designed, built or made to close upon or hold fast any portion of an animal. (NRS 501.089) Section 1 of this bill specifies that the term does not include any device that is designed, built or made to close upon or hold fast certain vertebrate pests, such as mice and rats.
Existing law defines the terms to trap, trapping and trapped for purposes of title 45 of NRS governing wildlife to mean to set or operate any device, mechanism or contraption that is designed, built or made to close upon or hold fast any wildlife and every act of assistance to any person in so doing. (NRS 501.090) Existing law defines the term wildlife to mean any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not. (NRS 501.097) Section 2 of this bill amends the definition of the words to trap, trapping and trapped to delete the term wildlife and substitute the term animal.
Section 3 of this bill requires the Department of Wildlife to develop standard language for inclusion in any sign that is used to warn a person that trapping may occur in any area of this State. Section 3 also requires each state agency which manages any public land in this State in which trapping may occur to ensure that each sign: (1) includes any standard language developed by the Department; and (2) is posted in certain locations specified by the Department.
Existing law authorizes each trap, snare or similar device used by a person in the taking of wild mammals to be registered with the Department of Wildlife before it is used. Existing law also requires each registered trap, snare or similar device to bear a number which is assigned by the Department. A registration fee of $10 for each registrant is payable only once by each person who registers a trap, snare or similar device. (NRS 503.452) Section 5 of this bill requires, with limited exception, that a trap, snare or similar device used by a person in the taking of wild mammals that is not registered with the Department must bear the name and address of the person who owns the trap, snare or similar device.
κ2017 Statutes of Nevada, Page 1999 (CHAPTER 333, SB 364)κ
owns the trap, snare or similar device. Section 5 also requires the number assigned by the Department for a registered trap, snare or similar device or the name and address of the person who owns an unregistered trap, snare or similar device to be clearly stamped on the trap, snare or similar device or on a metal tag which is attached to the trap, snare or similar device. Section 5 further revises the fee to register a trap, snare or similar device from $10 per person who registers a trap to $5 per trap, snare or similar device.
Existing law makes it unlawful to remove or disturb the trap, snare or similar device of a holder of a trapping license while the trap, snare or similar device is being legally used by the holder. (NRS 503.454) Section 6 of this bill authorizes a person to: (1) remove or disturb the trap, snare or similar device if it creates an immediate risk of physical injury or death to a person or animal; and (2) release any person or animal accompanying the person from a trap, snare or similar device in which the person or animal is caught. Section 4 of this bill makes a conforming change.
Existing law requires a person who takes or causes to be taken any wild mammal by means of a trap, snare or similar device which does not, or is not designed to, cause immediate death to the mammal to visit the trap, snare or similar device at a frequency specified in regulation by the Board of Wildlife Commissioners. (NRS 503.570) Section 7.2 of this bill expands this visitation requirement to require a person who takes or causes to be taken any wild mammal by means of a trap, snare or similar device to visit any trap, snare or similar device at the frequency specified in regulation, not just a trap, snare or similar device that does not, or is not designed to, cause immediate death to the mammal.
Existing law prohibits a person, company or corporation from placing or setting a certain type of large steel trap within 200 feet of any public road or highway, unless the trap is placed or set inside, along or near a fence upon privately owned land. (NRS 503.580) Section 7.5 of this bill expands this prohibition to include any trap, snare or similar device used for the purpose of trapping mammals.
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 501.089 is hereby amended to read as follows:
501.089 Trap means a device that is designed, built or made to close upon or hold fast any portion of an animal. The term does not include any device that is designed, built or made to close upon or hold fast any vertebrate pest as defined in NRS 555.005.
Sec. 2. NRS 501.090 is hereby amended to read as follows:
501.090 The words to trap and their derivatives, trapping and trapped, mean to set or operate any device, mechanism or contraption that is designed, built or made to close upon or hold fast any [wildlife] animal and every act of assistance to any person in so doing.
Sec. 3. Chapter 503 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each state agency which manages any public land in this State in which trapping may occur shall ensure that each sign for which the Department develops standard language pursuant to subsection 2 includes that language and is posted:
(a) At each visitor center, kiosk, trailhead or other location specified by the Department; and
κ2017 Statutes of Nevada, Page 2000 (CHAPTER 333, SB 364)κ
(b) In a place in which the sign is readily observable by members of the public at the visitor center, kiosk, trailhead or other location.
2. The Department shall:
(a) Develop standard language for inclusion in any sign that is used to warn a person that trapping may occur in any area in this State; and
(b) Develop the standard language specified in paragraph (a) in cooperation with each federal or state agency which manages any public land in this State in which trapping may occur.
Sec. 4. NRS 503.015 is hereby amended to read as follows:
503.015 1. [It] Except as otherwise provided in NRS 503.454, it is unlawful for a person, or a group of people acting together, to intentionally interfere with another person who is lawfully hunting or trapping. For the purpose of this subsection, hunting or trapping is lawful only if permitted by the owner or person in possession of the land, other than the government, in addition to any requirement of license or permit from a public authority.
2. The provisions of subsection 1 do not apply to any incidental interference arising from lawful activity by users of the public land, including without limitation ranchers, miners or persons seeking lawful recreation.
Sec. 5. NRS 503.452 is hereby amended to read as follows:
503.452 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, each trap, snare or similar device used by a person in the taking of wild mammals [may] must be registered with the Department before it is used. Each registered trap, snare or similar device must bear a number which is assigned by the Department and is [affixed to or marked] clearly stamped on the trap, snare or similar device [in the manner specified by regulations adopted by the Commission.] or on a metal tag that is attached to the trap, snare or similar device. The registration of a trap, snare or similar device is valid until the trap, snare or similar device is sold or ownership of the trap, snare or similar device is otherwise transferred. For each trap, snare or similar device registered with the Department, the person registering the trap, snare or similar device must pay a registration fee of $5.
2. Except as otherwise provided in subsection 3, if a trap, snare or similar device is not registered with the Department pursuant to subsection 1, before it can be used in the taking of wild animals, it must have the name and address of the person who owns the trap, snare or similar device:
(a) Clearly stamped upon the trap, snare or similar device; or
(b) On a metal tag that is attached to the trap, snare or similar device.
3. The provisions of [subsection] subsections 1 and 2 do not apply to a trap, snare or similar device used:
(a) Exclusively on private property which is posted or fenced in accordance with the provisions of NRS 207.200 by the owner or occupant of the property or with the permission of the owner or occupant;
(b) For the control of rodents by an institution of the Nevada System of Higher Education;
(c) By any federal, state or local governmental agency; or
(d) For the taking of wild mammals for scientific or educational purposes under a permit issued by the Department pursuant to NRS 503.650.
κ2017 Statutes of Nevada, Page 2001 (CHAPTER 333, SB 364)κ
[3. A registration fee of $10 for each registrant is payable only once by each person who registers a trap, snare or similar device. The fee must be paid at the time the first trap, snare or similar device is registered.]
4. It is unlawful:
(a) For a person to whom a trap, snare or similar device is registered to allow another person to possess or use the trap, snare or similar device without providing to that person written authorization to possess or use the trap, snare or similar device.
(b) For a person to possess or use a trap, snare or similar device registered to another person without obtaining the written authorization required pursuant to paragraph (a). If a person obtains written authorization to possess or use a trap, snare or similar device pursuant to paragraph (a), the person shall ensure that the written authorization, together with his or her trapping license, is in his or her possession during any period in which he or she uses the trap, snare or similar device to take fur-bearing mammals.
5. A person to whom a trap, snare or similar device is registered pursuant to this section shall report any theft of the trap, snare or similar device to the Department as soon as it is practical to do so after the person discovers the theft.
6. Any information in the possession of the Department concerning the registration of a trap, snare or similar device is confidential and the Department shall not disclose that information unless required to do so by law or court order.
7. If a trap, snare or similar device has been used exclusively on private property pursuant to paragraph (a) of subsection 3, before the trap, snare or similar device is used on any public land in this State, the owner of the trap, snare or similar device must:
(a) Register the trap, snare or similar device pursuant to subsection 1; or
(b) Pursuant to subsection 2, have his or her name and address:
(1) Clearly stamped on the trap, snare or similar device; or
(2) On a metal tag that is attached to the trap, snare or similar device.
Sec. 6. NRS 503.454 is hereby amended to read as follows:
503.454 1. Every person who takes fur-bearing mammals by trap, snare or similar device or unprotected mammals by trapping or sells raw furs for profit shall procure a trapping license.
2. [It] Except as otherwise provided in subsection 3, it is unlawful to remove or disturb the trap, snare or similar device of any holder of a trapping license while the trap, snare or similar device is being legally used by the holder on public land or on land where the holder has permission to trap.
3. A person may:
(a) Remove or disturb a trap, snare or similar device if the trap, snare or similar device creates an immediate risk of physical injury or death to any person or animal accompanying a person.
(b) Release any person or animal accompanying a person from a trap, snare or similar device in which the person or animal is caught.
Sec. 7. (Deleted by amendment.)
κ2017 Statutes of Nevada, Page 2002 (CHAPTER 333, SB 364)κ
Sec. 7.2. NRS 503.570 is hereby amended to read as follows:
503.570 1. A person taking or causing to be taken wild mammals by means of traps, snares or similar devices [which do not, or are not designed to, cause immediate death to the mammals,] shall, if the traps, snares or similar devices are placed or set to take mammals, visit or cause to be visited each trap, snare or similar device at a frequency specified in regulations adopted by the Commission pursuant to subsection 3 during all of the time the trap, snare or similar device is placed, set or used to take wild mammals, and remove therefrom any [mammals] animals caught therein.
2. The provisions of subsection 1 do not apply to employees of the State Department of Agriculture or the United States Department of Agriculture when acting in their official capacities.
3. The Commission shall adopt regulations setting forth the frequency at which a person who takes or causes to be taken wild mammals by means of traps, snares or similar devices [which do not, or are not designed to, cause immediate death to the mammals] must visit a trap, snare or similar device. The regulations must require the person to visit a trap, snare or similar device at least once each 96 hours. In adopting the regulations, the Commission shall consider requiring a trap, snare or similar device placed in close proximity to a populated or heavily used area by persons to be visited more frequently than a trap, snare or similar device which is not placed in close proximity to such an area.
Sec. 7.5. NRS 503.580 is hereby amended to read as follows:
503.580 1. For the purposes of this section, public road or highway means:
(a) A highway designated as a United States highway.
(b) A highway designated as a state highway pursuant to the provisions of NRS 408.285.
(c) A main or general county road as defined by NRS 403.170.
2. It is unlawful for any person, company or corporation to place or set any [steel] trap, snare or similar device used for the purpose of trapping mammals [, larger than a No. 1 Newhouse trap,] within 200 feet of any public road or highway within this State.
3. This section does not prevent the placing or setting of any [steel] trap , snare or similar device inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.
Secs. 8 and 8.5. (Deleted by amendment.)
Sec. 9. This act becomes effective on July 1, 2017.
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κ2017 Statutes of Nevada, Page 2003κ
Senate Bill No. 386Senators Woodhouse, Denis, Segerblom, Ford, Spearman; Atkinson and Cancela
CHAPTER 334
[Approved: June 3, 2017]
AN ACT relating to education; revising provisions governing the plan required of each public school for the progressive discipline and on-site review of disciplinary decisions; requiring each principal to establish a committee to review the temporary alternative placements of certain pupils by a certain date each school year; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the principal of each public school to establish a plan to provide for the progressive discipline of pupils and the on-site review of disciplinary decisions. Existing law prescribes the criteria for such a plan, including a requirement that the plan provide for the temporary removal of a pupil from a classroom. (NRS 392.4644) Section 6 of this bill requires a plan to provide for the progressive discipline of pupils to include a policy for school transportation. Section 6 also prohibits a pupil from being removed or otherwise excluded from school transportation during the same trip in which the pupil engaged in behavior which violates such a policy.
Section 9 of this bill requires a plan for the progressive discipline of pupils to additionally provide for the temporary removal of a pupil from the other premises of a public school.
Existing law requires the principal of each public school to establish a committee to review the temporary alternative placement of pupils. (NRS 392.4647) Section 9 requires: (1) the plan to include the names of each member of such a committee; and (2) the principal of each public school to distribute a copy of the plan to each teacher and all educational personnel and support personnel who are employed at the school. Section 12 of this bill requires such committee to be established on or before September 15 of each school year and includes a staff member on the committee. Section 13 of this bill requires the committee to be convened if the teacher or other staff member who removed a pupil disagrees with a decision of the principal relating to the placement of the pupil.
Existing law provides for the temporary removal of a pupil from a classroom if, in the judgment of the teacher of the classroom, the pupil has engaged in certain behavior. Existing law also requires a pupil who is removed from a classroom to be assigned to a temporary alternative placement. (NRS 392.4645) Section 10 of this bill additionally provides for the temporary removal of a pupil from the other premises of a public school if, in the judgement of the staff member responsible for such premises, the pupil engages in certain behavior. Section 10 also requires a pupil who is removed from any other premises of a public school to be assigned to a temporary alternative placement.
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 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Other premises of a public school means any portion of the premises of a public school, including, without limitation, a dining hall, lunch room, gymnasium, stadium, outdoor sports field or court, dormitory, theater or technological center.
κ2017 Statutes of Nevada, Page 2004 (CHAPTER 334, SB 386)κ
lunch room, gymnasium, stadium, outdoor sports field or court, dormitory, theater or technological center. The term does not include a classroom.
Sec. 3. Principal means the principal of a school or the principals designee.
Sec. 4. School transportation means a vehicle used by a school district or public school for the transportation of pupils to or from school or any activity that is part of a program of a public school, including, without limitation, a school bus, van or automobile.
Sec. 5. Staff member means a person employed by a school district or public school to supervise any other premises of a public school, an activity that is part of a program of a public school or the transportation provided to pupils by the school district or public school.
Sec. 6. 1. The board of trustees of each school district shall adopt a policy for school transportation which includes, without limitation:
(a) Rules regarding the conduct of pupils on school transportation;
(b) Responsibilities for the driver of school transportation and any other staff member on school transportation;
(c) Responsibilities for the principal of a public school relating to school transportation; and
(d) A process for progressive discipline on school transportation which establishes discipline on the basis of the category and number of offenses committed by a pupil. The process for progressive discipline must include, without limitation, provisions relating to notification of the parent or legal guardian of a pupil, a conference involving the pupil, driver and principal and the exclusion of a pupil from school transportation for severe or repeated offenses by the pupil.
2. The plan established pursuant to NRS 392.4644 must include the policy for school transportation adopted by the board of trustees of the school district in which the public school is located pursuant to subsection 1.
3. A pupil must not be removed or otherwise excluded from school transportation provided by a school district or public school during the same trip in which the pupil has engaged in behavior which violates the policy for school transportation adopted pursuant to subsection 1.
Sec. 7. NRS 392.4642 is hereby amended to read as follows:
392.4642 As used in NRS 392.4642 to 392.4648, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, [principal means the principal of a school or the principals designee.] the words and terms defined in sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 392.4643 is hereby amended to read as follows:
392.4643 An action must not be taken pursuant to the provisions of NRS 392.4642 to 392.4648, inclusive, and sections 2 to 6, inclusive, of this act against a pupil with a disability who is participating in a program of special education pursuant to NRS 388.417 to 388.469, inclusive, unless the action complies with:
1. The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;
2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;
3. Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;
κ2017 Statutes of Nevada, Page 2005 (CHAPTER 334, SB 386)κ
4. Any other federal law applicable to children with disabilities; and
5. The procedural policy adopted by the board of trustees of the school district for such matters.
Sec. 9. NRS 392.4644 is hereby amended to read as follows:
392.4644 1. The principal of each public school shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:
(a) Be developed with the input and participation of teachers and other educational personnel and support personnel who are employed at the school, and the parents and guardians of pupils who are enrolled in the school.
(b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.
(c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.
(d) Provide for the temporary removal of a pupil from a classroom or other premises of a public school in accordance with NRS 392.4645.
(e) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.
2. On or before [October 1] September 15 of each year, the principal of each public school shall:
(a) Review the plan in consultation with the teachers and other educational personnel and support personnel who are employed at the school;
(b) Based upon the review, make revisions to the plan, as recommended by the teachers and other educational personnel and support personnel, if necessary; [and]
(c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for public inspection and otherwise make the plan available for public inspection at the administrative office of the school [.] ;
(d) Distribute to each teacher and all educational support personnel who are employed at the school a written or electronic copy of the plan or the revised plan, as applicable; and
(e) Submit a copy of the plan or the revised plan, as applicable, to the superintendent of schools of the school district.
3. On or before October [1] 15 of each year, [the principal of each public school shall submit a copy of the plan established pursuant to subsection 1 or a revised plan, if applicable, to the superintendent of schools of the school district. On or before November 1 of each year,] the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:
(a) A compilation of the plans submitted pursuant to this subsection by each school within the school district.
(b) The name of each principal, if any, who has not complied with the requirements of this section.
4. On or before November [30] 15 of each year, the board of trustees of each school district shall submit a written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant to subsection 3 that reports the progress of each school within the district in complying with the requirements of this section.
5. On or before December [31] 15 of each year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau concerning the progress of the schools and school districts throughout this state in complying with this section.
κ2017 Statutes of Nevada, Page 2006 (CHAPTER 334, SB 386)κ
Legislative Counsel Bureau concerning the progress of the schools and school districts throughout this state in complying with this section. If the report is submitted during:
(a) An even-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the next regular session of the Legislature.
(b) An odd-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the Legislative Committee on Education.
Sec. 10. NRS 392.4645 is hereby amended to read as follows:
392.4645 1. The plan established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil from a classroom or other premises of a public school if, in the judgment of the teacher [,] or other staff member responsible for the classroom or other premises, as applicable, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn [.] or with the ability of the staff member to discharge his or her duties. The plan must provide that, upon the removal of a pupil from a classroom or any other premises of a public school pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.
2. Except as otherwise provided in subsection 3, a pupil who is removed from a classroom or any other premises of a public school pursuant to this section must be assigned to a temporary alternative placement pursuant to which the pupil:
(a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;
(b) Studies or remains under the supervision of appropriate personnel of the school district; and
(c) Is prohibited from engaging in any extracurricular activity sponsored by the school.
3. The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:
(a) Required by NRS 392.466; or
(b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.
Κ If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, and sections 2 to 6, inclusive, of this act, do not apply to the pupil.
Sec. 11. NRS 392.4646 is hereby amended to read as follows:
392.4646 1. Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom or any other premises of a public school pursuant to NRS 392.4645, a conference must be held with:
(a) The pupil;
(b) A parent or legal guardian of the pupil;
(c) The principal of the school; and
(d) The teacher or other staff member who removed the pupil.
κ2017 Statutes of Nevada, Page 2007 (CHAPTER 334, SB 386)κ
Κ The principal shall give an oral or written notice of the conference, as appropriate, to each person who is required to participate.
2. After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.
3. If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.
4. Except as otherwise provided in this subsection, a pupil must not return to the classroom or other premises of the public school from which the pupil was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil must be allowed to return to the classroom or other premises unless:
(a) The parent or legal guardian of the pupil refuses to attend the conference;
(b) The failure to hold a conference is attributed to the action or inaction of the pupil or the parent or legal guardian of the pupil; or
(c) The parent or legal guardian requested that the date of the conference be postponed.
5. During the conference, the teacher who removed the pupil from the classroom , the staff member who removed the pupil from the other premises of the public school or the principal shall provide the pupil and the pupils parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom [.] or other premises. The pupil and the pupils parent or legal guardian must be granted an opportunity to respond to the explanation of the pupils behavior and to indicate whether the removal of the pupil from the classroom or other premises was appropriate in their opinion based upon the behavior of the pupil.
6. Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom [,] or other premises of a public school, the principal shall recommend whether to return the pupil to the classroom or other premises or continue the temporary alternative placement of the pupil [.] if the pupil has been assigned to a temporary alternative placement.
Sec. 12. NRS 392.4647 is hereby amended to read as follows:
392.4647 1. [The] On or before September 15 of each school year, the principal of each public school shall establish at least one committee to review the temporary alternative placement of pupils. A committee established pursuant to this section must consist of the principal , [and] two regular members who are teachers selected for membership by a majority of the teachers who are employed at the school [.] and one staff member who is selected for membership by a majority of the staff members who are employed at the school. One additional teacher and one additional staff member must be selected in the same manner to serve as an alternate member. A teacher or staff member who has served on the committee for 2 consecutive years or more is not eligible to be selected for membership.
κ2017 Statutes of Nevada, Page 2008 (CHAPTER 334, SB 386)κ
2. If a pupil is removed from the classroom or other premises of a public school pursuant to NRS 392.4645 by a teacher or staff member who is a member of a committee established pursuant to this section, the teacher or staff member shall not participate in the review of the placement of the pupil and the appropriate alternate member shall serve on the committee for that review.
Sec. 13. NRS 392.4648 is hereby amended to read as follows:
392.4648 1. If [, in accordance with subsection 6 of NRS 392.4646, the principal recommends that a pupil be returned to the classroom from which the pupil was removed and] the teacher or other staff member who removed [the] a pupil from the classroom or other premises of a public school does not agree with the recommendation [,] of the principal pursuant to subsection 6 of NRS 392.4646, the principal shall continue the temporary alternative placement of the pupil and shall immediately convene a meeting of the committee created pursuant to NRS 392.4647. The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting. The committee shall review the circumstances of the pupils removal from the classroom or other premises of the public school and the pupils behavior that caused the pupil to be removed from the classroom [.] or other premises. Based upon its review, the committee shall assess the best placement available for the pupil and shall, without limitation:
[1.] (a) Direct that the pupil be returned to the classroom or other premises from which he or she was removed;
[2.] (b) Assign the pupil to another appropriate classroom [;] or other premises;
[3.] (c) Assign the pupil to an alternative program of education, if available;
[4.] (d) Recommend the suspension or expulsion of the pupil in accordance with NRS 392.467; or
[5.] (e) Take any other appropriate disciplinary action against the pupil that the committee deems necessary.
2. A principal shall report to the school district each time a committee created pursuant to NRS 392.4647 is convened and, upon the conclusion of the committees review of a placement, shall supplement the report with the result of the assessment of the committee.
3. Each school district shall compile the reports submitted to the school district pursuant to subsection 2 and, on or before July 1 of each year, submit an annual report to the Legislative Committee on Education containing such information for all schools located in the school district.
Sec. 14. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 15. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2009κ
Senate Bill No. 471Committee on Government Affairs
CHAPTER 335
[Approved: June 3, 2017]
AN ACT relating to improvement districts; revising provisions governing the merger, consolidation or dissolution of certain general improvement districts; repealing the Nevada Improvement District Act; creating the Douglas County Lake Tahoe Sewer Authority and its governing Board of Trustees; setting forth the powers and duties of and procedures governing the Authority and the Board; abolishing Douglas County Sewer Improvement District No. 1; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Chapter 309 of NRS, the Nevada Improvement District Act, authorizes the creation and governs the management of a local improvement district for the construction of a power plant and the distribution of energy therefrom or the construction of a sewer system or the construction or acquisition of a water system. (Chapter 309 of NRS) In 1967, the Nevada Legislature eliminated the authority to create such a district. (NRS 309.025) The only local improvement district currently in existence which is organized pursuant to the Nevada Improvement District Act is Douglas County Sewer Improvement District No. 1. Section 36 of this bill repeals the Nevada Improvement District Act. Sections 1-5 and 7-11 of this bill make conforming changes. Section 35 of this bill abolishes Douglas County Sewer Improvement District No. 1. Section 6 of this bill makes a conforming change.
Sections 12-34 of this bill establish the Douglas County Lake Tahoe Sewer Authority Act, which creates the Douglas County Lake Tahoe Sewer Authority for the purpose of furnishing certain residents of this State with an adequate system of sewage collection and treatment and disposal of wastewater. Section 23 of this bill exempts certain property of the Authority from state, county and municipal taxation. Section 24 of this bill authorizes the Authority to enter into certain interlocal cooperative agreements with general improvement districts, and authorizes a general improvement district which is party to such an agreement to authorize the Authority to exercise powers, privileges and authority belonging to the general improvement district. Section 25 of this bill provides that the Authority is a public employer, subject to certain provisions governing retirement for public employees.
Section 26 of this bill creates and provides for the appointment of a Board of Trustees which is charged with directing and governing the Authority. Section 27 of this bill requires each trustee on the Board to file an oath of office and a bond. Sections 28 and 29 of this bill set forth provisions governing the procedures and duties of the Board.
Sections 30 and 31 of this bill set forth the powers of the Authority and the Board. Section 32 of this bill requires the Board to adopt an ordinance governing the financing of the Authority. Section 33 of this bill exempts the Authority from regulation by the Public Utilities Commission of Nevada. Section 33.5 of this bill requires approval from the Board and a majority of the owners of property located within the boundaries of the service area of the Authority before the Authority is authorized to merge or consolidate with a general improvement district.
Section 34 of this bill directs the Douglas County Lake Tahoe Sewer Authority to assume the debts, obligations, liabilities and assets of Douglas County Sewer Improvement District No. 1.
κ2017 Statutes of Nevada, Page 2010 (CHAPTER 335, SB 471)κ
Under existing law, if a majority of the members of the board of county commissioners of a county deems it to be in the best interest of the county and of a general improvement district that was exercising three specified powers on October 1, 2005, related to sanitary sewer improvements, the collection and disposal of garbage or refuse and the supply, storage and distribution of water that the district be merged, consolidated or dissolved, the board of county commissioners is required to submit the question of the merger, consolidation or dissolution to the board of trustees of the district. If the board of trustees of the district does not agree to the merger, consolidation or dissolution within 90 days after the submission of the question to the board of trustees, existing law prohibits the merger, consolidation or dissolution of the district. (NRS 318.490) Section 3 of this bill requires the submission of the question of merger, consolidation or dissolution to the board of trustees of a district that has annual revenues of more than $1,000,000 and was exercising any of those three specified powers on October 1, 2005.
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 308.020 is hereby amended to read as follows:
308.020 1. The Special District Control Law applies to:
(a) Any special district whose formation is initiated by a board of county commissioners; and
(b) Any petition for the formation of any proposed special district filed with any board of county commissioners.
2. As used in this chapter special district means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in title 25 of NRS, but excludes [:
(a) All local improvement districts created pursuant to chapter 309 of NRS; and
(b) All] all housing authorities.
Sec. 2. NRS 318.0954 is hereby amended to read as follows:
318.0954 1. The governing body of any district organized or reorganized under and operating as provided in any chapter in title 25 of NRS, excluding chapters [309,] 315 and 318 of NRS, must be designated a board of trustees and shall reorganize as provided in this section so that after the transitional period the board consists of five qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.
2. No existing member of any such governing body may be required to resign from the board before the termination of his or her current term of office in the absence of any disqualification as a member of the governing body under such chapter in title 25 of NRS, excluding chapters [309,] 315 and 318 of NRS. If a regular term of office of any member of any such governing body would terminate on other than the first Monday of January next following a biennial election in the absence of the adoption of this law, the term must be extended to and terminate on the first Monday in January next following a biennial election and following the date on which the term would have ended.
κ2017 Statutes of Nevada, Page 2011 (CHAPTER 335, SB 471)κ
3. If the members of any such governing body at any time number less than five, the number of trustees must be increased to five by appointment, or by both appointment and election, as provided in NRS 318.090, 318.095 and 318.0951.
4. In no event may any successor trustee be elected or appointed to fill any purported vacancy in any unexpired term or in any regular term which successor will increase the trustees on a board to a number exceeding five nor which will result in less than two regular terms of office or more than three regular terms of office ending on the first Monday in January next following any biennial election.
5. Nothing in this section:
(a) Prevents the reorganization of a board by division of the district into district trustee election districts pursuant to NRS 318.0952.
(b) Supersedes the provisions of NRS 318.0953 or 318.09533.
Sec. 3. NRS 318.490 is hereby amended to read as follows:
318.490 1. Except as otherwise provided in NRS 318.492, whenever a majority of the members of the board of county commissioners of any county deem it to be in the best interests of the county and of the district that the district be merged, consolidated or dissolved, or if the board of trustees of a district, by resolution pursuant to subsection 3, agrees to such a merger, consolidation or dissolution, the board of county commissioners shall so determine by ordinance, after there is first found, determined and recited in the ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the district have been paid or will be assumed by the resulting merged or consolidated unit of government.
(b) The services of the district are no longer needed or can be more effectively performed by an existing unit of government.
2. The county clerk shall thereupon certify a copy of the ordinance to the board of trustees of the district and shall mail written notice to all property owners within the district in the county, containing the following:
(a) The adoption of the ordinance;
(b) The determination of the board of county commissioners that the district should be dissolved, merged or consolidated; and
(c) The time and place for hearing on the dissolution, merger or consolidation.
3. If a majority of the members of the board of county commissioners of a county deems it to be in the best interests of the county and of a district with annual revenues of more than $1,000,000 that was, on October 1, 2005, exercising powers pursuant to NRS 318.140, 318.142 [and] or 318.144, that the district be merged, consolidated or dissolved, the board of county commissioners shall submit the question of the merger, consolidation or dissolution to the board of trustees of the district. If the board of trustees of the district, by resolution, does not agree to the merger, consolidation or dissolution within 90 days after the question was submitted to it, the district may not be merged, consolidated or dissolved.
Sec. 4. NRS 318.525 is hereby amended to read as follows:
318.525 1. Chapter 542, Statutes of Nevada 1967, does not affect the corporate existence nor the area included within the boundaries of any district organized or reorganized before May 1, 1967, under any chapter in title 25 of NRS, but the governing body of any such district (excluding any [local improvement district organized or reorganized under the provisions of chapter 309 of NRS, any] housing authority or other municipal corporation subject to the provisions of chapter 315 of NRS, and excluding any district organized or reorganized before May 1, 1967, under and already subject to the provisions of this chapter 318 of NRS) shall reorganize as provided in this chapter as amended by chapter 542, Statutes of Nevada 1967.
κ2017 Statutes of Nevada, Page 2012 (CHAPTER 335, SB 471)κ
chapter 309 of NRS, any] housing authority or other municipal corporation subject to the provisions of chapter 315 of NRS, and excluding any district organized or reorganized before May 1, 1967, under and already subject to the provisions of this chapter 318 of NRS) shall reorganize as provided in this chapter as amended by chapter 542, Statutes of Nevada 1967.
2. Any district organized or reorganized before May 1, 1967, under and exercising powers as provided in any chapter in title 25 of NRS (excluding chapters [309,] 315 and 318 of NRS) shall operate under and exercise powers pertaining to each basic power for which the district is organized or reorganized as provided in chapter 318 of NRS, including without limitation the provisions of the Special District Control Law to the extent it is applicable by the terms thereof.
Sec. 5. NRS 226.110 is hereby amended to read as follows:
226.110 The State Treasurer:
1. Shall receive and keep all money of the State which is not expressly required by law to be received and kept by some other person.
2. Shall receipt to the State Controller for all money received, from whatever source, at the time of receiving it.
3. Shall establish the policies to be followed in the investment of money of the State, subject to the periodic review and approval or disapproval of those policies by the State Board of Finance.
4. May employ any necessary investment and financial advisers to render advice and other services in connection with the investment of money of the State.
5. Shall disburse the public money upon warrants drawn upon the Treasury by the State Controller, and not otherwise. The warrants must be registered and paid in the order of their registry. The State Treasurer may use any sampling or postaudit technique, or both, which he or she considers reasonable to verify the proper distribution of warrants.
6. Shall keep a just, true and comprehensive account of all money received and disbursed.
7. Shall deliver in good order to his or her successor in office all money, records, books, papers and other things belonging to his or her office.
8. Shall fix, charge and collect reasonable fees for:
(a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and
(b) Special services rendered to other state agencies or to members of the public which increase the cost of operating his or her office.
9. Serves as the primary representative of the State in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the State, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.
10. Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the State, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The State Treasurer:
(a) Shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.
κ2017 Statutes of Nevada, Page 2013 (CHAPTER 335, SB 471)κ
(b) May, except as otherwise provided in NRS 538.206, employ necessary legal, financial or other professional services in connection with the authorization, sale or issuance of such an obligation.
11. May organize and facilitate statewide pooled financing programs, including lease purchases, for the benefit of the State and any political subdivision, including districts organized pursuant to NRS 450.550 to 450.750, inclusive, and chapters 244A, [309,] 318, 379, 474, 541, 543 and 555 of NRS.
12. Shall serve as the Administrator of Unclaimed Property.
Sec. 6. NRS 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region are substantial.
(3) The region exhibits unique environmental and ecological values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of the regions natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.
(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.
(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the regions natural endowment and its man-made environment.
(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
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Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan means the long-term general plan for the development of the region.
(e) Planning commission means the advisory planning commission appointed pursuant to subdivision (h) of Article III.
(f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.
(g) Restricted gaming license means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.
(h) Project means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.
(i) Environmental threshold carrying capacity means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region.
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safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.
(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(k) Areas open to public use means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.
(l) Areas devoted to private use of guests means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.
(m) Nonrestricted license means a gaming license which is not a restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.
(C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment.
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after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.
(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, economic interests means:
(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;
(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;
(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.
Κ No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held.
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requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.
(3) For routine business and for directing the agencys staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.
Κ Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agencys rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension.
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jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.
The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.
The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
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(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
Κ the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the Presidents Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities.
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through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall be a single enforceable plan and includes all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:
(A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused by motor vehicles.
Κ Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and California;
(B) Utilization of a light rail mass transit system in the South Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Κ Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.
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(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.
(d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.
The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.
(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
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(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.
The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.
The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.
Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.
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making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a residential unit means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined) 252
2. Placer County......................................................................... 278
3. Carson City............................................................................. -0-
4. Douglas County..................................................................... 339
5. Washoe County..................................................................... 739
(4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.
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The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined) 64,324
2. Placer County......................................................................... 23,000
3. Carson City............................................................................. -0-
4. Douglas County..................................................................... 57,354
5. Washoe County..................................................................... 50,600
(5) No structure may be erected to house gaming under a nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or enlarged except:
(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;
(B) To accommodate development which is not prohibited or limited by this subdivision; or
(C) In the case of Douglas County Lake Tahoe Sewer [District # 1,] Authority, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a project; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the [district] Authority shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the [district] Authority proposes to take to mitigate or avoid such problems.
The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agencys approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:
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default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.
Κ The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.
(f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):
(1) The agencys review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area open to public use;
(D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the agencys ordinances that are generally applicable throughout the region.
Κ The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agencys rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact.
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effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.
(3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.
(g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:
(1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.
(j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:
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(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the agency.
(B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any person or public agency.
Κ Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.
(B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.
(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, aggrieved person means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, aggrieved person means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.
(6) In addition to the provisions of paragraph (5) relating to judicial inquiry:
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(A) When adopting or amending a regional plan, the agency shall act in accordance with the requirements of the compact and the implementing ordinances, rules and regulations, and a party challenging the regional plan has the burden of showing that the regional plan is not in conformance with those requirements.
(B) When taking an action or making a decision, the agency shall act in accordance with the requirements of the compact and the regional plan, including the implementing ordinances, rules and regulations, and a party challenging the action or decision has the burden of showing that the act or decision is not in conformance with those requirements.
(7) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.
(8) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
(o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted.
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the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.
(q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on mans environment;
(2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting standards of the region;
(E) The relationship between local short-term uses of mans environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the regions environment; and
(5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.
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(c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.
In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.
(d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.
Κ A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada.
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make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.
(b) The business of the district shall be managed by a board of directors consisting of:
(1) One member of the county board of supervisors of each of the counties of El Dorado and Placer who must be appointed by his respective board of supervisors;
(2) One member of the city council of the City of South Lake Tahoe who must be appointed by the city council;
(3) One member each of the board of county commissioners of Douglas County and of Washoe County who must be appointed by his respective board of county commissioners;
(4) One member of the board of supervisors of Carson City who must be appointed by the board of supervisors;
(5) One member of the South Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;
(6) One member of the North Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;
(7) One member of each local transportation district in the region that is authorized by the State of Nevada or the State of California who must be appointed by his respective transportation district;
(8) One member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region;
(9) The director of the California Department of Transportation; and
(10) The director of the department of transportation of the State of Nevada.
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Κ Any entity that appoints a member to the board of directors, the director of the California Department of Transportation or the director of the department of transportation of the State of Nevada may designate an alternate.
(c) Before a local transportation district appoints a member to the board of directors pursuant to paragraph (7) of subdivision (b), the local transportation district must enter into a written agreement with the Tahoe transportation district that sets forth the responsibilities of the districts for the establishment of policies and the management of financial matters, including, but not limited to, the distribution of revenue among the districts.
(d) The directors of the California Department of Transportation and the department of transportation of the State of Nevada, or their designated alternates, serve as nonvoting directors, but shall provide technical and professional advice to the district as necessary and appropriate.
(e) The vote of a majority of the directors must agree to take action. If a majority of votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.
(f) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.
(g) The Tahoe transportation district may in accordance with the adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.
(2) Own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment.
(3) Acquire or agree to operate upon mutually agreeable terms any publicly or privately owned transportation system or facility within the region.
(4) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.
(5) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.
(6) Contract with local governments in the region to operate transportation facilities or provide any of the services necessary to operate a system of transportation for the region.
(7) Fix the rates and charges for transportation services provided pursuant to this subdivision.
(8) Issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system.
(9) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way, except for a sales and use tax. If a sales and use tax is approved by the voters as provided in this paragraph, it may be administered by the states of California and Nevada respectively in accordance with the laws that apply within their respective jurisdictions and must not exceed a rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district.
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approved by the voters as provided in this paragraph, it may be administered by the states of California and Nevada respectively in accordance with the laws that apply within their respective jurisdictions and must not exceed a rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district. The district is prohibited from imposing any other tax measured by gross or net receipts on business, an ad valorem tax, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of the voters voting on the proposition who reside in the State of California in accordance with the laws that apply within that state and approval of the voters voting on the proposition who reside in the State of Nevada in accordance with the laws that apply within that state. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.
(10) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.
(h) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.
Sec. 7. NRS 332.015 is hereby amended to read as follows:
332.015 1. For the purpose of this chapter, unless the context otherwise requires, local government means:
(a) Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, [309,] 318, 379, 450, 474, 539, 541, 543 and 555 of NRS.
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mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, [309,] 318, 379, 450, 474, 539, 541, 543 and 555 of NRS.
(b) The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.
(c) County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive.
(d) District boards of health created pursuant to the provisions of NRS 439.362 or 439.370.
2. The term does not include the Nevada Rural Housing Authority.
Sec. 8. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Authorized representative means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.
2. Contract means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.
3. Contractor means:
(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.
(b) A design-build team.
4. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.
5. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
6. Design-build team means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.
7. Design professional means:
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
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(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
8. Division means the State Public Works Division of the Department of Administration.
9. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.
10. General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
11. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.
12. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, [309,] 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.
13. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 5 or 6 of NRS 338.070.
14. Prime contractor means a contractor who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his or her own workforce to perform all or a part of the public work; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
Κ The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.
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15. Public body means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.
16. Public work means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:
(a) Public buildings;
(b) Jails and prisons;
(c) Public roads;
(d) Public highways;
(e) Public streets and alleys;
(f) Public utilities;
(g) Publicly owned water mains and sewers;
(h) Public parks and playgrounds;
(i) Public convention facilities which are financed at least in part with public money; and
(j) All other publicly owned works and property.
17. Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
18. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
Κ that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
19. Subcontract means a written contract entered into between:
(a) A contractor and a subcontractor or supplier; or
(b) A subcontractor and another subcontractor or supplier,
Κ for the provision of labor, materials, equipment or supplies for a construction project.
20. Subcontractor means a person who:
(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and
(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.
21. Supplier means a person who provides materials, equipment or supplies for a construction project.
22. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.
23. Worker means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.
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Sec. 9. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive:
(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, [309,] 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
(b) Local government includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118. The term does not include the Nevada Rural Housing Authority for any other purpose.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.
Sec. 10. NRS 354.760 is hereby amended to read as follows:
354.760 1. All invoices or other notices issued by a local government to collect an account receivable must state that if the debtor wishes to pay by check or other negotiable instrument, such negotiable instrument must name as payee:
(a) The local government; or
(b) The title of the governmental official charged by law with the collection of such accounts.
Κ In no event may the invoice or other notice state that a check or other negotiable instrument may name a natural person as payee.
2. Notwithstanding the provisions of subsection 1, a local government may deposit into the appropriate account a check or other negotiable instrument which it determines is intended as payment for an account receivable.
3. As used in this section, local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including, without limitation, counties, cities, towns, boards, authorities, school districts and other districts organized pursuant to chapters 244, 244A, [309,] 318, 379, 439, 450, 474, 539, 541, 543 and 555 of NRS.
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school districts and other districts organized pursuant to chapters 244, 244A, [309,] 318, 379, 439, 450, 474, 539, 541, 543 and 555 of NRS.
Sec. 11. NRS 378.160 is hereby amended to read as follows:
378.160 As used in NRS 378.150 to 378.210, inclusive:
1. Center means the State Publications Distribution Center created by NRS 378.170.
2. Depository library means a library with which the Center has entered into an agreement pursuant to NRS 378.190.
3. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, [309,] 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes the Nevada Rural Housing Authority.
4. Publication includes any information in any format or medium that is produced pursuant to the authority of or at the total or partial expense of a state agency or local government, is required by law to be distributed by a state agency or local government, or is distributed publicly by a state agency or local government outside that state agency or local government. The term does not include:
(a) Nevada Revised Statutes with annotations;
(b) Nevada Reports;
(c) Bound volumes of the Statutes of Nevada;
(d) Items published by the University of Nevada Press and other information disseminated by the Nevada System of Higher Education which is not designed for public distribution;
(e) Official state records scheduled for retention and disposition pursuant to NRS 239.080; or
(f) Records of a local government which have been scheduled for disposition pursuant to NRS 239.124 or retention pursuant to NRS 239.125.
5. State agency includes the Legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.
Sec. 12. This act may be cited as the Douglas County Lake Tahoe Sewer Authority Act.
Sec. 13. The Legislature hereby finds and declares that:
1. The provisions of section 22 of this act describe a region which is distinguished by the governance of the only local improvement district currently in existence which is organized under chapter 309 of NRS and the presence of Lake Tahoe, a water system which is governed by a unique combination of state and federal laws.
2. The unique conditions of the area described by section 22 of this act are special circumstances and conditions to which a general law cannot be made applicable and necessitate this special act to enact changes to the management of sewage in that area.
3. Adequate and efficient sewage service is vital to the economic development and well-being of residents in the area described by section 22 of this act.
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4. There are currently several different general improvement districts organized under chapter 318 of NRS that administer sewage collection services in the area described by section 22 of this act, which has caused problems in administering sewage services.
5. The well-being of the residents of the area described by section 22 of this act and the long-term economic development of the area described by section 22 of this act are best served by the creation of a single governmental entity, the purpose of which is to secure and develop sustainable sewage services.
Sec. 14. As used in this act, unless the context otherwise requires, the words and terms defined in sections 15 to 21, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 15. Authority means the Douglas County Lake Tahoe Sewer Authority created by section 23 of this act.
Sec. 16. Board means the Board of Trustees of the Douglas County Lake Tahoe Sewer Authority.
Sec. 17. Douglas County means the county created by and described in NRS 243.045.
Sec. 18. Lake Tahoe Basin has the meaning ascribed to it in NRS 538.600.
Sec. 19. Project means any structure, facility, undertaking or system which the Authority is authorized to acquire, construct, improve, equip, maintain or operate under the provisions of this act, including, without limitation, sewers, sewage disposal plants, sewage treatment plants and septic tanks and any other materials or construction connected therewith or with the handling or disposal of sewage. A project may consist of all kinds of personal and real property, including, without limitation, land, elements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
Sec. 20. Service area means the area described by section 22 of this act.
Sec. 21. Wastewater Reclamation Facility means the treatment facility located in Zephyr Cove, Nevada, that treats and disposes of sewage from the service area.
Sec. 22. 1. The service area in which plans for the management of sewage are to be made, pursuant to this act, is the entire area of the Lake Tahoe Basin within the boundaries of Douglas County, except that the Board may:
(a) Exclude from the service area any land which the Board determines is unsuitable for inclusion because of its inability to connect with the Wastewater Reclamation Facility; and
(b) Include in the service area any land otherwise excluded if the owners of the land agree to be governed by this act.
2. The Authority and the Board shall have jurisdiction over the treatment and disposal of sewage and wastewater in the service area.
Sec. 23. 1. The Douglas County Lake Tahoe Sewer Authority is hereby created. The Authority is a public body corporate and politic and a municipal corporation. The purpose of the Authority is to furnish the service area and its inhabitants with an adequate system of sewage collection and treatment and disposal of wastewater by acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, sewers, sewer systems, sewage treatment works, waste mains, tunnels, drains and every form of sewer and sewage treatment or disposal facility, to be devoted wholly or partially for public uses or for revenue producing purposes.
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improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, sewers, sewer systems, sewage treatment works, waste mains, tunnels, drains and every form of sewer and sewage treatment or disposal facility, to be devoted wholly or partially for public uses or for revenue producing purposes.
2. The property and revenues of the Authority, any interest of any creditor therein and any possessory interest in or right to use that property which the Authority may grant are exempt from all state, county and municipal taxation.
Sec. 24. By entering into a cooperative agreement pursuant to NRS 277.080 to 277.180, inclusive, public entities, including, without limitation, a general improvement district organized pursuant to chapter 318 of NRS, may jointly authorize the Authority to exercise such powers, privileges or authority that each of those entities may individually exercise pursuant to the laws of this State which are not inconsistent with the provisions of this act.
Sec. 25. The Authority is a public employer within the meaning of NRS 286.070 and the provisions of chapter 286 of NRS apply to the Authority and its employees.
Sec. 26. 1. The Authority must be directed and governed by a Board of Trustees consisting of the following five trustees appointed pursuant to this section:
(a) One member of the Board of Trustees of the Kingsbury General Improvement District;
(b) One member of the Board of Trustees of the Round Hill Improvement District;
(c) One member of the Board of Trustees of the Tahoe-Douglas District;
(d) One member of the Board of County Commissioners of Douglas County; and
(e) One person representing the business community within Stateline, Nevada, appointed by the other four trustees.
2. The Board of County Commissioners of Douglas County shall appoint a trustee from its membership for an initial term of 3 years.
3. The Boards of Trustees of the Kingsbury General Improvement District, the Round Hill Improvement District and the Tahoe-Douglas District shall each appoint a trustee from their respective memberships for an initial term of 2 years.
4. The representative of the business community within Stateline, Nevada, appointed by the other trustees pursuant to paragraph (e) of subsection 1 shall serve for an initial term of 1 year.
5. After the initial terms, each trustee who is appointed to the Board serves for a term of 3 years. A trustee may be reappointed.
6. If any position on the Board becomes vacant, including, without limitation, upon the trustees loss of any of the qualifications required for his or her appointment, the appointing authority shall appoint a successor to fill the remainder of the unexpired term.
Sec. 27. Each trustee on the Board shall file with the County Clerk of Douglas County:
1. His or her oath of office; and
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2. A corporate surety bond furnished at the Authoritys expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his or her duties as a member of the Board.
Sec. 28. 1. The Board shall elect one of its members as Chair, one of its members as Secretary, and one of its members as Treasurer. The Secretary and Treasurer may be the same person. The terms of the officers expire on December 31 of each year. Trustees may serve consecutive terms in any of the three officer positions.
2. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places.
3. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Authority.
Sec. 29. 1. The Board shall meet regularly at a time and in a place to be designated by the Board. The Board shall provide for the calling of a special meeting when action is required before a regular meeting would occur.
2. Except as otherwise provided in this section, a majority of the members of the Board constitutes a quorum at any meeting. Each motion and resolution of the Board must be adopted by at least a majority of the members present at the meeting.
Sec. 30. The Authority has perpetual succession. The Authority, acting pursuant to the Boards direction, may do all things necessary to accomplish the purposes of this act, including, without limitation:
1. Except as otherwise provided in this subsection, administer all activity and business related to the collection and treatment of sewage and wastewater in the service area and the transportation and disposal of sewage and wastewater both within and outside of the service area. If a public entity within the boundaries of the service area is performing an activity or business related to the collection of sewage and wastewater on the effective date of this act, the Authority may not administer any activity or business related to the collection of sewage and wastewater within the boundaries of that public entity unless otherwise provided by agreement between the public entity and the Authority.
2. Fix, alter, charge and collect rates, rentals and other charges for the use of facilities controlled by the Authority, including, without limitation, the Wastewater Reclamation Facility, or for the services rendered by the Authority or projects thereof, at reasonable rates, to be determined by the Authority, for the purpose of providing for the payment of the expenses of the Authority, the construction, improvement, repair, maintenance and operation of its facilities and properties, the payment of the principal of and interest on its obligations and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations, and to make such rates, rentals and other charges a lien upon the property using such facilities, and provide for a method of enforcing collection of such rates, rentals and other charges.
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3. Borrow money, make and issue negotiable notes, bonds and other evidences of indebtedness or obligations of the Authority, and to secure the payment of such bonds, or any part thereof, by pledge or deed of trust of all or any of its revenues and receipts, and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the Authority shall deem advisable, and in general to provide for the security of said bonds and the rights of the holders thereof.
4. To acquire, purchase, hold, lease as lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, within or without the boundaries of the service area, necessary or desirable for carrying out the purposes of the Authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein, at any time acquired by it.
5. Acquire by purchase, lease or otherwise, and to construct, improve, maintain, repair and operate projects within or without the service area.
6. Pledge, hypothecate or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of its obligations.
7. Contract with public entities, including, without limitation, a general improvement district organized under chapter 318 of NRS, for the provision of services by the Authority and, in the performance of its functions, use the officers, agents, employees, services, facilities, records and equipment of Douglas County or any public governing body therein, with the consent of the respective public entity and subject to such terms and conditions as may be agreed upon.
8. Install and maintain sewer and effluent pipelines, together with all related or necessary improvements along, under or upon public highways, roads, streets and alleys, and to build and erect sewage treatment or disposal facilities and improvements, either within or without the service area, and to compel all property owners within the service area to connect their sewer systems with such system or sewers of the Authority.
9. Acquire by eminent domain proceedings, either the fee or such right, title, interest or easement in such lands and premises, within the service area, as the Authority may deem necessary for any of the purposes mentioned in this act. The right of eminent domain must be exercised by the Authority in the manner provided by law for the exercise of such right, except insofar as such law may be inconsistent with the provisions of this act.
10. Make bylaws for the management and regulation of its affairs.
11. Employ or contract with such persons as it deems necessary and hire and retain officers, agents and employees, including, without limitation, fiscal advisors, engineers, attorneys or other professional or specialized personnel.
12. Seek, apply for and otherwise solicit and receive from any source, public or private, such contributions, gifts, grants, devises and bequests of money and personal property, or any combination thereof, as the Authority determines is necessary or convenient for the exercise of any of its powers.
13. Participate with relevant agencies of the United States, the State of Nevada and other entities on issues concerning the disposal of wastewater and sewage.
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14. Make and enforce all necessary and proper regulations for the collection of sewage, and to make all other sanitary regulations in connection therewith.
15. Sue and be sued, implead and be impleaded, complain and defend in all courts.
16. Adopt, use and alter at will a corporate seal.
17. Except as otherwise provided in section 33.5 of this act, merge or consolidate with a general improvement district organized under chapter 318 of NRS.
18. Perform such other functions conferred on the Authority by the provisions of this act.
Sec. 31. The Board has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.
Sec. 32. The Board shall adopt an ordinance relative to the financing of the Authority, which ordinance shall in itself use the method of financing best suited to the financial condition and welfare of the service area. In this connection, such ordinance may use any of the following methods of financing, or any combination thereof:
1. Current revenue, reserves, state funds or federal funds which may be available and which may by law be used for furthering the purposes of this act.
2. Issuing bonds as provided in NRS 318.320.
3. Borrowing funds from the State or Federal Government, when such funds are available, for carrying out the purposes of this act.
Sec. 33. The Authority is exempt from regulation by the Public Utilities Commission of Nevada.
Sec. 33.5. The merger or consolidation of the Authority with a general improvement district pursuant to section 30 of this act must be approved by:
1. A majority of the owners of property located within the boundaries of the service area of the Authority; and
2. Resolution of the Board.
Sec. 34. The Authority shall assume the debts, obligations, liabilities and assets of Douglas County Sewer Improvement District No. 1, which was organized pursuant to chapter 309 of NRS in 1953 and was abolished on October 1, 2017.
Sec. 34.5. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of the 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. 35. Douglas County Sewer Improvement District No. 1, which was established under chapter 309 of NRS in 1953, is hereby abolished.
Sec. 36. NRS 309.010, 309.020, 309.025, 309.030, 309.040, 309.050, 309.060, 309.065, 309.070, 309.080, 309.090, 309.100, 309.110, 309.120, 309.130, 309.135, 309.140, 309.145, 309.160, 309.170, 309.180, 309.190, 309.200, 309.210, 309.220, 309.230, 309.240, 309.250, 309.260, 309.270, 309.280, 309.290, 309.300, 309.310, 309.320, 309.330, 309.331, 309.332, 309.333, 309.334, 309.335, 309.336, 309.337, 309.338, 309.339, 309.3395, 309.340, 309.350, 309.360, 309.370, 309.380, 309.383, 309.385, 309.390, 309.400, 309.410, 309.415, 309.425, 309.435, 309.445, 309.455, 309.465, 309.475, 309.490, 309.500, 309.510, 309.520, 309.530 and 309.540 are hereby repealed.
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309.340, 309.350, 309.360, 309.370, 309.380, 309.383, 309.385, 309.390, 309.400, 309.410, 309.415, 309.425, 309.435, 309.445, 309.455, 309.465, 309.475, 309.490, 309.500, 309.510, 309.520, 309.530 and 309.540 are hereby repealed.
Sec. 37. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2017, for all other purposes.
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Senate Bill No. 477Committee on Government Affairs
CHAPTER 336
[Approved: June 3, 2017]
AN ACT relating to persons with disabilities; prescribing certain requirements relating to the zoning of certain facilities that provide residential care; requiring certain residential facilities for groups to be equipped with a fire sprinkler system; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the governing bodies of cities and counties to regulate and restrict the improvement of land and to control the location and soundness of structures. (NRS 278.020) Section 7 of this bill requires that in any ordinance adopted by a city or county, the definition of the term single-family residence must include: (1) a residential facility for groups in which fewer than 11 persons with disabilities reside with house parents; (2) a home for individual residential care; and (3) a halfway house for recovering alcohol and drug abusers in which fewer than 11 persons reside.
Existing law prescribes certain requirements for various types of residential and health care facilities. (NRS 449.181-449.204) Section 16 of this bill requires a residential facility for groups to be equipped with a fire sprinkler system if the facility has three or more residents who would have difficulty perceiving danger or moving to safety in the event of a fire.
Sections 2-4, 6, 10-15 and 17-20 of this bill make conforming changes.
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 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Halfway house for recovering alcohol and drug abusers has the meaning ascribed to it in NRS 449.008.
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Sec. 4. Home for individual residential care has the meaning ascribed to it in NRS 449.0105.
Sec. 5. (Deleted by amendment.)
Sec. 6. Residential facility for groups has the meaning ascribed to it in NRS 449.017.
Sec. 7. 1. In any ordinance adopted by a city or county, the definition of single-family residence must include, without limitation, a:
(a) Residential facility for groups in which fewer than 11 unrelated persons with disabilities reside with:
(1) House parents or guardians who need not be related to any of the persons with disabilities; and
(2) If applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity.
(b) Home for individual residential care.
(c) Halfway house for recovering alcohol and drug abusers in which fewer than 11 persons reside.
2. The provisions of subsection 1 do not prohibit a definition of single-family residence that allows more persons to reside in a residential facility for groups or the regulation of homes that are operated on a commercial basis. For the purposes of this subsection, a residential facility for groups, a halfway house for recovering alcohol and drug abusers or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis for any purpose relating to zoning.
3. As used in this section, person with a disability means a person:
(a) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) With a record of such an impairment; or
(c) Who is regarded as having such an impairment.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. NRS 278.0235 is hereby amended to read as follows:
278.0235 No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board authorized by NRS 278.010 to 278.630, inclusive, and sections 2 to 8, inclusive, of this act, unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body, commission or board.
Sec. 11. NRS 278.02788 is hereby amended to read as follows:
278.02788 1. If a city has a sphere of influence that is designated in the comprehensive regional plan, the city shall adopt a master plan concerning the territory within the sphere of influence. The master plan and any ordinance required by the master plan must be consistent with the comprehensive regional plan. After adoption and certification of a master plan concerning the territory within the sphere of influence and after adopting the ordinances required by the master plan, if any, the city may exercise any power conferred pursuant to NRS 278.010 to 278.630, inclusive, and sections 2 to 8, inclusive, of this act within its sphere of influence.
2. If the comprehensive regional plan designates that all or part of the sphere of influence of a city is a joint planning area, the master plan and any ordinance adopted by the city pursuant to subsection 1 must be consistent with the master plan that is adopted for the joint planning area.
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ordinance adopted by the city pursuant to subsection 1 must be consistent with the master plan that is adopted for the joint planning area.
3. Before certification of the master plan for the sphere of influence pursuant to NRS 278.028, any action taken by the county pursuant to NRS 278.010 to 278.630, inclusive, and sections 2 to 8, inclusive, of this act within the sphere of influence of a city must be consistent with the comprehensive regional plan.
4. A person, county or city that is represented on the governing board and is aggrieved by a final determination of the county or, after the certification of the master plan for a sphere of influence, is aggrieved by a final determination of the city, concerning zoning, a subdivision map, a parcel map or the use of land within the sphere of influence may appeal the decision to the regional planning commission within 30 days after the determination. A person, county or city that is aggrieved by the determination of the regional planning commission may appeal the decision to the governing board within 30 days after the determination. A person, county or city that is aggrieved by the determination of the governing board may seek judicial review of the decision within 25 days after the determination.
Sec. 12. NRS 278.160 is hereby amended to read as follows:
278.160 1. Except as otherwise provided in this section and NRS 278.150 and 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following elements or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) A conservation element, which must include:
(1) A conservation plan for the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The conservation plan must also indicate the maximum tolerable level of air pollution.
(2) A solid waste disposal plan showing general plans for the disposal of solid waste.
(b) A historic preservation element, which must include:
(1) A historic neighborhood preservation plan which:
(I) Must include, without limitation, a plan to inventory historic neighborhoods and a statement of goals and methods to encourage the preservation of historic neighborhoods.
(II) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.
(2) A historical properties preservation plan setting forth an inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
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(c) A housing element, which must include, without limitation:
(1) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.
(2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.
(3) An analysis of projected growth and the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:
(I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and
(II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.
(d) A land use element, which must include:
(1) Provisions concerning community design, including standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(2) A land use plan, including an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:
(I) Must, if applicable, address mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts. The land use plan must also, if applicable, address the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.
(II) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(3) In any county whose population is 700,000 or more, a rural neighborhoods preservation plan showing general plans to preserve the character and density of rural neighborhoods.
(e) A public facilities and services element, which must include:
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(1) An economic plan showing recommended schedules for the allocation and expenditure of public money to provide for the economical and timely execution of the various components of the plan.
(2) A population plan setting forth an estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(3) An aboveground utility plan that shows corridors designated for the construction of aboveground utilities and complies with the provisions of NRS 278.165.
(4) Provisions concerning public buildings showing the locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(5) Provisions concerning public services and facilities showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145. If a public utility which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan. The utility is not required to obtain an easement for any such transmission line as a prerequisite to the inclusion of the transmission line in the master plan.
(6) A school facilities plan showing the general locations of current and future school facilities based upon information furnished by the appropriate county school district.
(f) A recreation and open space element, which must include a recreation plan showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(g) A safety element, which must include:
(1) In any county whose population is 700,000 or more, a safety plan identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The safety plan may set forth policies for avoiding or minimizing the risks from those hazards.
(2) A seismic safety plan consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(h) A transportation element, which must include:
(1) A streets and highways plan showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(2) A transit plan showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.
(3) A transportation plan showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The transportation plan may also include port, harbor, aviation and related facilities.
κ2017 Statutes of Nevada, Page 2049 (CHAPTER 336, SB 477)κ
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other elements as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, and sections 2 to 8, inclusive, of this act prohibits the preparation and adoption of any such element as a part of the master plan.
Sec. 13. NRS 119.128 is hereby amended to read as follows:
119.128 An exemption pursuant to this chapter is not an exemption from the provisions of NRS 278.010 to 278.630, inclusive [.] , and sections 2 to 8, inclusive, of this act.
Sec. 14. NRS 119.340 is hereby amended to read as follows:
119.340 The provisions of this chapter are in addition to and not a substitute for NRS 278.010 to 278.630, inclusive [.] , and sections 2 to 8, inclusive, of this act.
Sec. 15. NRS 270.180 is hereby amended to read as follows:
270.180 NRS 270.160 and 270.170 are intended to supplement and not to supersede the existing laws relating to the vacation of city and town plats and do not apply to land divided pursuant to NRS 278.010 to 278.630, inclusive [.] , and sections 2 to 8, inclusive, of this act.
Sec. 16. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
A residential facility for groups must be equipped with a fire sprinkler system if the facility has three or more residents who would have difficulty perceiving danger or moving to safety in the event of a fire.
Sec. 17. NRS 449.0301 is hereby amended to read as follows:
449.0301 The provisions of NRS 449.030 to 449.2428, inclusive, and section 16 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.
Sec. 18. NRS 449.0306 is hereby amended to read as follows:
449.0306 1. Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.
2. The Division shall enforce the provisions of NRS 449.030 to 449.245, inclusive, and section 16 of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.
Sec. 19. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.2428, inclusive, and section 16 of this act upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and section 16 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
κ2017 Statutes of Nevada, Page 2050 (CHAPTER 336, SB 477)κ
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 16 of this act and 449.435 to 449.965, inclusive, if such approval is required.
(f) Failure to comply with the provisions of NRS 449.2486.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec. 20. NRS 449.163 is hereby amended to read as follows:
449.163 1. In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and section 16 of this act, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
κ2017 Statutes of Nevada, Page 2051 (CHAPTER 336, SB 477)κ
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(d) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (d) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.
3. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
4. The Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and section 16 of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
5. Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 16 of this act and 449.435 to 449.965, inclusive, to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
Sec. 20.5. 1. The requirements of section 16 of this act apply to any residential facility for groups that:
(a) Has three or more residents who would have difficulty perceiving danger or moving to safety in the event of a fire; and
(b) Is in operation on or after July 1, 2017.
2. As used in this section, residential facility for groups has the meaning ascribed to it in NRS 449.017.
Sec. 21. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2052κ
Senate Bill No. 322Senator Denis
CHAPTER 337
[Approved: June 3, 2017]
AN ACT relating to education; authorizing a public high school to require each pupil, with certain exceptions, to take an examination in civics; requiring, at a later date, each public high school to require each pupil, with certain exceptions, to take such an examination as a requirement for graduation from high school; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a pupil is generally not entitled to graduate from a public high school without passing a course in American government. (NRS 389.054, 389.077) Section 2 of this bill authorizes a public high school to require, with certain exceptions, that every pupil in the public high school take an examination containing a number of questions, determined by the public high school, which are identical to the civics portion of the naturalization test adopted by the United States Citizenship and Immigration Services of the Department of Homeland Security. Section 3 of this bill requires each public high school to administer such an examination and requires, with certain exceptions, a pupil to take such an examination to receive a certificate or diploma of graduation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A public high school may administer an examination containing a number of questions, determined by the public high school, which are identical to the questions contained in the civics portion of the naturalization test adopted by the United States Citizenship and Immigration Services of the Department of Homeland Security to each pupil enrolled in the public high school.
2. A public high school which administers the examination described in subsection 1 shall:
(a) Determine the course in which the examination will be administered;
(b) Establish the number of questions which will be included on the examination, which must not be less than 50;
(c) Determine the desired score on the examination and the manner in which the results of the examination administered to a pupil will affect the grade of the pupil in the course in which the examination is administered; and
(d) Not later than August 31 of each year, aggregate the results of the examination for all pupils at the public high school and report the aggregated results to the board of trustees of the school district in which the public high school is located.
κ2017 Statutes of Nevada, Page 2053 (CHAPTER 337, SB 322)κ
3. A pupil may receive a waiver from the examination administered pursuant to subsection 1 if:
(a) The pupil is a pupil with a disability and the waiver is in accordance with his or her individualized education program;
(b) The pupil is identified as an English learner and the public high school is unable to offer the examination in the language which would be most likely to provide accurate results for the pupil; or
(c) The principal or administrator of the public high school determines that the pupil has completed all other academic requirements to receive a certificate or diploma of graduation and has shown good cause for a waiver. The principal or administrator of a public high school shall not grant a waiver pursuant to this paragraph to more than 10 percent of each graduating class of the public high school.
4. As used in this section, public high school includes, without limitation, any charter school that operates as a high school.
Sec. 3. Section 2 of this act is hereby amended to read as follows:
Sec. 2. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A public high school [may] shall administer an examination containing a number of questions, determined by the public high school, which are identical to the questions contained in the civics portion of the naturalization test adopted by the United States Citizenship and Immigration Services of the Department of Homeland Security to each pupil enrolled in the public high school.
2. A public high school [which administers the examination described in subsection 1] shall:
(a) Determine the course in which the examination will be administered;
(b) Establish the number of questions which will be included on the examination, which must not be less than 50;
(c) Determine the desired score on the examination and the manner in which the results of the examination administered to a pupil will affect the grade of the pupil in the course in which the examination is administered; and
(d) Not later than August 31 of each year, aggregate the results of the examination for all pupils at the public high school and report the aggregated results to the board of trustees of the school district in which the public high school is located.
3. Except as otherwise provided in subsection 4, no pupil in any public high school may receive a certificate or diploma of graduation without having taken the examination described in subsection 1.
4. A pupil may receive a waiver from the examination administered pursuant to subsection 1 if:
(a) The pupil is a pupil with a disability and the waiver is in accordance with his or her individualized education program;
(b) The pupil is identified as an English learner and the public high school is unable to offer the examination in the language which would be most likely to provide accurate results for the pupil; or
(c) The principal or administrator of the public high school determines that the pupil has completed all other academic requirements to receive a certificate or diploma of graduation and has shown good cause for a waiver.
κ2017 Statutes of Nevada, Page 2054 (CHAPTER 337, SB 322)κ
shown good cause for a waiver. The principal or administrator of a public high school shall not grant a waiver pursuant to this paragraph to more than 10 percent of each graduating class of the public high school.
[4.] 5. As used in this section, public high school includes, without limitation, any charter school that operates as a high school.
Sec. 4. 1. This section and sections 1 and 2 of this act become effective on July 1, 2018.
2. Section 3 of this act becomes effective on July 1, 2019.
________
Senate Bill No. 287Senators Gansert, Roberson, Cannizzaro, Parks; Atkinson, Cancela, Denis, Farley, Ford, Goicoechea, Gustavson, Hammond, Hardy, Harris, Manendo, Ratti, Settelmeyer, Spearman and Woodhouse
Joint Sponsors: Assemblymen Benitez-Thompson, Tolles and Yeager
CHAPTER 338
[Approved: June 3, 2017]
AN ACT relating to protection of children; requiring school employees and volunteers to report the abuse or neglect of a child and certain other prohibited acts; requiring an agency which provides child welfare services to investigate such a report and forward a substantiated report to the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child; authorizing a person to appeal the substantiation of such a report; revising certain provisions concerning background checks conducted on certain educational personnel and volunteers; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain persons, including, without limitation, licensed teachers and social workers employed by a public school or private school, to report the suspected abuse or neglect of a child when such neglect was believed to have been caused or allowed by a person responsible for a childs welfare. (NRS 432B.020, 432B.220) The term person responsible for a childs welfare is limited by existing law to a parent, legal guardian, stepparent or other adult person found in the same home as the child on a regular basis or a home, institution or facility where the child resides or receives care, including, without limitation, the volunteers and employees of such homes, institutions or facilities. (NRS 432B.130) Section 8 of this bill requires all employees of and volunteers for a public school or private school, regardless of whether they are licensed, to report the suspected abuse or neglect of a child by a person responsible for the childs welfare.
Existing law makes it a misdemeanor or gross misdemeanor for a person who is required to report the suspected abuse or neglect of a child to knowingly and willfully fail to make such a report. (NRS 432B.240) This penalty also applies to the failure to report by an employee of or volunteer for a public school or private school as expanded by section 8 of this bill.
κ2017 Statutes of Nevada, Page 2055 (CHAPTER 338, SB 287)κ
Existing law prohibits sexual conduct between an employee or volunteer of a public school or private school and certain pupils, the luring of a child, the use of corporal punishment in a public school and the use of corporal punishment on a pupil with a disability in a private school. (NRS 201.540, 201.560, 392.4633, 394.354, 394.366) Section 44 of this bill imposes an additional duty on an employee or volunteer at a public or private school to make a report within 24 hours if, in that capacity, he or she knows or has reasonable cause to believe that a child has been subjected to abuse or neglect, certain sexual conduct, luring or prohibited corporal punishment by another employee of or volunteer for a public school or private school. Section 44 requires: (1) a report concerning abuse or neglect, sexual conduct or luring to be made to an agency which provides child welfare services and a law enforcement agency; and (2) a report concerning prohibited corporal punishment to be made to a child welfare agency. Section 44 requires a child welfare agency to assess all allegations contained in any such report it receives and, if the agency deems appropriate, assign the matter for investigation. Section 44 also requires a school police officer who receives a report of an offense punishable as a category A felony to notify the local law enforcement agency having jurisdiction over the school. If a law enforcement agency other than a school police officer receives a report of an offense punishable as a felony that: (1) allegedly occurred at a public school, at an activity sponsored by such a school or on a school bus while the school bus was being used by such a school for an official school-related purpose; and (2) involved a school employee or volunteer, the law enforcement agency must notify a school police officer if such an officer is employed in the school district. Section 45 of this bill prescribes the required contents of the report. Section 46 of this bill makes it a misdemeanor for an employee or volunteer at a school to fail to make a report when required. Sections 47 and 48 of this bill provide that certain privileges do not apply to a person required to make a report or to the report itself. Section 49 of this bill authorizes a designee of an agency investigating a report to take certain actions to investigate the report with the consent of the parent or guardian of the child.
Section 50 of this bill provides that reports of abuse, neglect, sexual conduct, luring and prohibited corporal punishment and investigations of such reports are confidential and makes it a gross misdemeanor to disclose such information except where authorized to do so. Section 51 of this bill sets forth exceptions to such confidentiality that allow certain persons to access such material, including the child who is the subject of the report, his or her parent or guardian and attorney and certain governmental entities. Section 52 of this bill authorizes an agency investigating a report to provide certain information to the person alleged to have engaged in the conduct described in the report and the person who made the report. Section 52 also authorizes any person to consent to the release of information about himself or herself. Section 53 of this bill: (1) requires an agency which provides child welfare services to take precautions to protect the identity and safety of a person who makes a report when releasing information; and (2) authorizes such an agency to charge a fee for processing costs necessary to prepare information maintained by the agency. Section 54 of this bill provides that any person who is provided information maintained by an agency which provides child welfare services and further disseminates the information is guilty of a gross misdemeanor.
Section 55 of this bill requires an agency investigating a report to determine whether the report is substantiated or unsubstantiated. If the report is substantiated, the agency is required to forward the report to: (1) the Department of Education, the governing body of the school or school district, as applicable, and law enforcement; and (2) after the conclusion of any administrative appeal, the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. Section 56 of this bill prescribes the procedure for filing and hearing an administrative appeal. Section 1.5 of this bill provides for the inclusion of such information in the Central Registry. Section 57 of this bill provides immunity from civil and criminal liability for a person who, in good faith, makes a report or takes certain action to investigate a report. Section 58 of this bill authorizes the Division of Child and Family Services of the Department of Health and Human Services to adopt any regulations necessary for the administration of provisions relating to the new reporting requirement prescribed by this bill.
κ2017 Statutes of Nevada, Page 2056 (CHAPTER 338, SB 287)κ
any regulations necessary for the administration of provisions relating to the new reporting requirement prescribed by this bill. Section 7.3 of this bill provides that the provisions of existing law governing the requirement to report the abuse or neglect of a child by a person responsible for the welfare of the child do not apply to the new reporting requirement.
Under existing law, an unlicensed applicant for employment at a public school must undergo a background check before being hired. (NRS 388A.515, 388C.200, 391.104, 391.281) Additionally, a licensed employee must undergo a background check before a license can be issued or renewed. (NRS 391.033) Sections 27, 28, 33, 34 and 60 of this bill additionally require: (1) volunteers at a public school and employees and volunteers at a private school to undergo background checks; and (2) a background check to be performed on each unlicensed employee and volunteer at least once every 5 years. Section 21 of this bill requires the Central Repository to provide the results of such a background check to the appropriate superintendent, governing body or administrator immediately. Sections 27, 28, 31, 33, 34 and 60 of this bill also additionally require background checks performed on licensed and unlicensed educational personnel and volunteers to include information that may be available from the Central Registry or any equivalent registry maintained in another jurisdiction in which the person has resided within the immediately preceding 5 years. Sections 24, 27, 28, 31, 33, 34 and 60 of this bill authorize a school district, charter school, university school for profoundly gifted pupils or private school to: (1) cooperate with a law enforcement agency to obtain any available information on the background of an applicant, employee or volunteer; and (2) use information from the Central Registry in personnel decisions. Sections 27, 28, 31, 33, 34 and 60 provide that the Superintendent of Public Instruction, the board of trustees of a school district, the governing body of a charter school, university school for profoundly gifted pupils or private school and the administrator of a private school cannot be held liable for any damages resulting from such action. Section 28 provides that any provision of a collective bargaining agreement that prohibits a school district, charter school or university school for profoundly gifted pupils from taking such action is void.
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 424.250 is hereby amended to read as follows:
424.250 1. A provider of foster care shall not use physical restraint on a child placed with the provider unless the child presents an imminent threat of danger of harm to himself or herself or others.
2. A foster care agency shall notify the licensing authority or its designee when any serious incident, accident, motor vehicle crash or injury occurs to a child in its care within 24 hours after the incident, accident, motor vehicle crash or injury. The foster care agency shall provide a written report to the licensing authority or its designee as soon as practicable after notifying the licensing authority or its designee. The written report must include, without limitation, the date and time of the incident, accident, motor vehicle crash or injury, any action taken as a result of the incident, accident, motor vehicle crash or injury, the name of the employee of the foster care agency who completed the written report and the name of the employee of the licensing authority or its designee who was notified.
3. A foster care agency shall report any potential violation of the provisions of this chapter or any regulations adopted pursuant thereto relating to licensing to the licensing authority within 24 hours after an employee of the foster care agency becomes aware of the potential violation.
κ2017 Statutes of Nevada, Page 2057 (CHAPTER 338, SB 287)κ
A foster care agency shall cooperate with the licensing authority in its review of such reports and support each foster home with which the foster care agency has a contract for the placement of children in completing any action required to correct a violation.
4. A foster care agency shall fully comply with any investigation of a report of the abuse or neglect of a child pursuant to NRS 432B.220 [.] or section 44 of this act.
Sec. 1.1. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 and 1.3 of this act.
Sec. 1.2. As used in NRS 432.0999 to 432.130, inclusive, of this act, the words and terms defined in NRS 432.0999 and section 1.3 of this act have the meanings ascribed to them in those sections.
Sec. 1.3. Abuse or neglect of a child has the meaning ascribed to it in section 37 of this act.
Sec. 1.4. NRS 432.0999 is hereby amended to read as follows:
432.0999 [As used in NRS 432.0999 to 432.130, inclusive,] Central Registry means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.
Sec. 1.5. NRS 432.100 is hereby amended to read as follows:
432.100 1. There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. This Central Registry must be maintained by the Division.
2. The Central Registry must contain:
(a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 432B.220 [;] or section 44 of this act;
(b) The information in any substantiated report of a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made pursuant to section 44 of this act;
(c) Statistical information on the protective services provided in this State; and
[(c)] (d) Any other information which the Division determines to be in furtherance of NRS 432.0999 to 432.130, inclusive, and sections 1.2 and 1.3 of this act, and 432B.010 to 432B.400, inclusive [.] , and section 7.3 of this act, and sections 36 to 58, inclusive, of this act.
3. The Division may release information contained in the Central Registry to an employer:
(a) If the person who is the subject of a background investigation by the employer provides written authorization for the release of the information; and
(b) Either:
(1) The employer is required by law to conduct the background investigation of the person for employment purposes; or
(2) The person who is the subject of the background investigation could, in the course of his or her employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,
Κ but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.
4. Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by:
κ2017 Statutes of Nevada, Page 2058 (CHAPTER 338, SB 287)κ
(a) An employee of the Division;
(b) An agency which provides child welfare services;
(c) An employee of the Division of Public and Behavioral Health of the Department who is obtaining information in accordance with NRS 432A.170; and
(d) With the approval of the Administrator, an employee or contractor of any other state or local governmental agency responsible for the welfare of children who requests access to the information and who demonstrates to the satisfaction of the Administrator a bona fide need to access the information. Any approval or denial of a request submitted in accordance with this paragraph is at the sole discretion of the Administrator.
Sec. 1.6. NRS 432.110 is hereby amended to read as follows:
432.110 1. Except as otherwise provided in subsection 2, the Division shall maintain a record of:
(a) The names and identifying data, dates and circumstances of any persons requesting or receiving information from the Central Registry; and
(b) Any other information which might be helpful in furthering the purposes of NRS 432.0999 to 432.130, inclusive, and sections 1.2 and 1.3 of this act, and 432B.010 to 432B.400, inclusive [.] , and section 7.3 of this act, and sections 36 to 58, inclusive, of this act.
2. The Division is not required to maintain a record of information concerning requests for information from or the receipt of information by employees of an agency which provides child welfare services.
Sec. 1.7. NRS 432.120 is hereby amended to read as follows:
432.120 1. Information contained in the Central Registry must not be released unless the right of the applicant to the information is confirmed, the information concerning the report of abuse or neglect of the child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 has been reported pursuant to NRS 432B.310 [,] or section 55 of this act, as applicable, the released information discloses the disposition of the case and, if the information is being provided pursuant to subsection 3 of NRS 432.100, the person who is the subject of the background investigation provides written authorization for the release of the information.
2. The information contained in the Central Registry concerning cases in which a report of abuse or neglect of a child has been substantiated by an agency which provides child welfare services must be deleted from the Central Registry not later than 10 years after the child who is the subject of the report reaches the age of 18 years.
3. The Division shall adopt regulations to carry out the provisions of this section.
Sec. 1.8. NRS 432.130 is hereby amended to read as follows:
432.130 Any person who willfully releases data or information contained in the Central Registry to unauthorized persons in violation of NRS 432.120 or 432B.290 or sections 51 to 54, inclusive, of this act is guilty of a misdemeanor.
Secs. 2-7. (Deleted by amendment.)
Sec. 7.3. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this section and NRS 432B.220 to 432B.320, inclusive, do not apply to any report submitted, investigation performed or information maintained under the provisions of sections 36 to 58, inclusive, of this act.
κ2017 Statutes of Nevada, Page 2059 (CHAPTER 338, SB 287)κ
Sec. 7.7. NRS 432B.200 is hereby amended to read as follows:
432B.200 1. The Division of Child and Family Services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this State and reports pursuant to section 44 of this act, 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency which provides child welfare services in the community where the child is located.
2. As used in this section, abuse or neglect of a child has the meaning ascribed to it in section 37 of this act.
Sec. 8. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.
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(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e) A person [working in a school who is licensed or endorsed pursuant to chapter 391 or 641B of NRS.] employed by a public school or private school and any person who serves as a volunteer at such a school.
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
(k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, youth shelter has the meaning ascribed to it in NRS 244.427.
(l) Any adult person who is employed by an entity that provides organized activities for children.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:
κ2017 Statutes of Nevada, Page 2061 (CHAPTER 338, SB 287)κ
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
8. The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
9. Before a person may serve as a volunteer at a public school or private school, the school must:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and section 44 of this act;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and section 44 of this act; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.
10. As used in this section:
(a) Private school has the meaning ascribed to it in NRS 394.103.
(b) Public school has the meaning ascribed to it in NRS 385.007.
Secs. 9-17. (Deleted by amendment.)
Sec. 18. NRS 171.1223 is hereby amended to read as follows:
171.1223 1. Except as otherwise provided in subsection 3, in a county whose population is 100,000 or more, a peace officer with limited jurisdiction who witnesses a category A felony being committed or attempted in the officers presence, or has reasonable cause for believing a person has committed or attempted to commit a category A felony in an area that is within the officers jurisdiction, shall immediately notify the primary law enforcement agency in the city or county, as appropriate, where the offense or attempted offense was committed.
2. Upon arrival of an officer from the primary law enforcement agency notified pursuant to subsection 1, a peace officer with limited jurisdiction shall immediately transfer the investigation of the offense or attempted offense to the primary law enforcement agency.
3. The provisions of subsection 1 do not:
(a) Apply to an offense or attempted offense that is a misdemeanor, gross misdemeanor or felony other than a category A felony;
(b) Apply to an officer of the Nevada Highway Patrol, a member of the police department of the Nevada System of Higher Education, an agent of the Investigation Division of the Department of Public Safety or a ranger of the Division of State Parks of the State Department of Conservation and Natural Resources;
κ2017 Statutes of Nevada, Page 2062 (CHAPTER 338, SB 287)κ
(c) Apply to a peace officer with limited jurisdiction if an interlocal agreement between the officers employer and the primary law enforcement agency in the city or county in which a category A felony was committed or attempted authorizes the peace officer with limited jurisdiction to respond to and investigate the felony without immediately notifying the primary law enforcement agency; or
(d) Prohibit a peace officer with limited jurisdiction from:
(1) Contacting a primary law enforcement agency for assistance with an offense that is a misdemeanor, gross misdemeanor or felony that is not a category A felony; or
(2) Responding to a category A felony until the appropriate primary law enforcement agency arrives at the location where the felony was allegedly committed or attempted, including, without limitation, taking any appropriate action to provide assistance to a victim of the felony, to apprehend the person suspected of committing or attempting to commit the felony, to secure the location where the felony was allegedly committed or attempted and to protect the life and safety of the peace officer and any other person present at that location.
4. As used in this section:
(a) Peace officer with limited jurisdiction means:
(1) A school police officer who is appointed or employed pursuant to subsection [2] 5 of NRS 391.281;
(2) An airport guard or police officer who is appointed pursuant to NRS 496.130;
(3) A person employed to provide police services for an airport authority created by a special act of the Legislature; and
(4) A marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125.
(b) Primary law enforcement agency means:
(1) A police department of an incorporated city;
(2) The sheriffs office of a county; or
(3) If the county is within the jurisdiction of a metropolitan police department, the metropolitan police department.
Sec. 19. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of any presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant, the defendants financial condition, the circumstances affecting the defendants behavior and the circumstances of the defendants offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the Division and the extent of the information to be included in the report is solely at the discretion of the Division;
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(d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether the defendant is in arrears in payment on that obligation;
(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS and sections 36 to 58, inclusive, of this act that relate to the defendant and are made available pursuant to NRS 432B.290 [;] or sections 51 to 54, inclusive, of this act, as applicable;
(f) The results of the evaluation of the defendant conducted pursuant to NRS 484C.300, if such an evaluation is required pursuant to that section;
(g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
(h) A recommendation, if the Division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;
(i) If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of the psychosexual evaluation of the defendant and all information that is necessary to carry out the provisions of NRS 176A.110; and
(j) Such other information as may be required by the court.
2. The Division may include in the report any additional information that it believes may be helpful in imposing a sentence, in granting probation or in correctional treatment.
Sec. 20. NRS 176.151 is hereby amended to read as follows:
176.151 1. If a defendant pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, one or more category E felonies, but no other felonies, the Division shall not make a presentence investigation and report on the defendant pursuant to NRS 176.135, unless the Division has not made a presentence investigation and report on the defendant pursuant to NRS 176.135 within the 5 years immediately preceding the date initially set for sentencing on the category E felony or felonies and:
(a) The court requests a presentence investigation and report; or
(b) The prosecuting attorney possesses evidence that would support a decision by the court to deny probation to the defendant pursuant to paragraph (b) of subsection 1 of NRS 176A.100.
2. If the Division does not make a presentence investigation and report on a defendant pursuant to subsection 1, the Division shall, not later than 45 days after the date on which the defendant is sentenced, make a general investigation and report on the defendant that contains:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant, the circumstances affecting the defendants behavior and the circumstances of the defendants offense that may be helpful to persons responsible for the supervision or correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the Division;
κ2017 Statutes of Nevada, Page 2064 (CHAPTER 338, SB 287)κ
(d) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS and sections 36 to 58, inclusive, of this act that relate to the defendant and are made available pursuant to NRS 432B.290 [;] or sections 51 to 54, inclusive, of this act, as applicable; and
(e) Any other information that the Division believes may be helpful to persons responsible for the supervision or correctional treatment of the defendant.
Sec. 21. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Κ within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
(d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.
5. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
κ2017 Statutes of Nevada, Page 2065 (CHAPTER 338, SB 287)κ
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
6. To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 5, the Central Repository must receive:
(a) The persons complete set of fingerprints for the purposes of:
(1) Booking the person into a city or county jail or detention facility;
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the persons fingerprints for the purposes of mobile identification by an agency of criminal justice; or
(c) Any other biometric identifier of the person as it may require for the purposes of:
(1) Arrest; or
(2) Criminal investigation,
Κ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.
7. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
κ2017 Statutes of Nevada, Page 2066 (CHAPTER 338, SB 287)κ
(2) Has applied to a county school district, charter school or private school for employment [;] or to serve as a volunteer; or
(3) Is employed by or volunteers for a county school district, charter school or private school,
Κ and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.
(g) On or before July 1 of each year, prepare and post on the Central Repositorys Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repositorys Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and post on the Central Repositorys Internet website a report containing statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:
(1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and
(2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.
κ2017 Statutes of Nevada, Page 2067 (CHAPTER 338, SB 287)κ
8. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
9. As used in this section:
(a) Biometric identifier means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.
(b) Mobile identification means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.
(c) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) A biometric identifier of a person.
(d) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 22. NRS 202.888 is hereby amended to read as follows:
202.888 The provisions of NRS 202.882 do not apply to a person who:
1. Is less than 16 years of age;
2. Is, by blood or marriage, the spouse, brother, sister, parent, grandparent, child or grandchild of:
(a) The child who is the victim of the violent or sexual offense; or
(b) The person who committed the violent or sexual offense against the child;
3. Suffers from a mental or physical impairment or disability that, in light of all the surrounding facts and circumstances, would make it impracticable for the person to report the commission of the violent or sexual offense against the child to a law enforcement agency;
4. Knows or has reasonable cause to believe that reporting the violent or sexual offense against the child to a law enforcement agency would place the person or any other person who is related to him or her by blood or marriage or who resides in the same household as he or she resides, whether or not the other person is related to him or her by blood or marriage, in imminent danger of suffering substantial bodily harm;
5. Became aware of the violent or sexual offense against the child through a communication or proceeding that is protected by a privilege set forth in chapter 49 of NRS; or
κ2017 Statutes of Nevada, Page 2068 (CHAPTER 338, SB 287)κ
6. Is acting in his or her professional or occupational capacity and is required to report the abuse or neglect of a child pursuant to NRS 432B.220 [.] or section 44 of this act.
Sec. 23. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.
κ2017 Statutes of Nevada, Page 2069 (CHAPTER 338, SB 287)κ
641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600 [,] and sections 50 to 54, inclusive, of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 24. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as otherwise provided in subsection 4 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.
κ2017 Statutes of Nevada, Page 2070 (CHAPTER 338, SB 287)κ
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence consistent with the provisions of this chapter.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or workweek.
(h) Total number of days work required of an employee in a work year.
(i) Except as otherwise provided in [subsection] subsections 6 [,] and 10, discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) Except as otherwise provided in subsections 7 , [and] 9 [,] and 10, the policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in workforce consistent with the provisions of this chapter.
(w) Procedures consistent with the provisions of subsection 4 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
κ2017 Statutes of Nevada, Page 2071 (CHAPTER 338, SB 287)κ
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:
(a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:
(1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or
(2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.
(b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.
Κ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.
7. The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:
(a) Reassigning any member of the staff of such a school; or
(b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.
8. Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 7 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 7 is unenforceable and void.
κ2017 Statutes of Nevada, Page 2072 (CHAPTER 338, SB 287)κ
9. The board of trustees of a school district may reassign any member of the staff of a school that is converted to an achievement charter school pursuant to NRS 388B.200 to 388B.230, inclusive, and any provision of any agreement negotiated pursuant to this chapter which provides otherwise is unenforceable and void.
10. The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is void.
11. This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
[11.] 12. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
[12.] 13. As used in this section [, achievement] :
(a) Abuse or neglect of a child has the meaning ascribed to it in section 37 of this act.
(b) Achievement charter school has the meaning ascribed to it in NRS 385.007.
Sec. 25. NRS 289.190 is hereby amended to read as follows:
289.190 1. A person employed or appointed to serve as a school police officer pursuant to subsection [2] 5 of NRS 391.281 has the powers of a peace officer. A school police officer shall perform the officers duties in compliance with the provisions of NRS 171.1223.
2. A person appointed pursuant to NRS 393.0718 by the board of trustees of any school district has the powers of a peace officer to carry out the intents and purposes of NRS 393.071 to 393.0719, inclusive.
3. Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children, including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of chapter 392 of NRS. This subsection must not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property.
Sec. 26. NRS 388.880 is hereby amended to read as follows:
388.880 1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report.
κ2017 Statutes of Nevada, Page 2073 (CHAPTER 338, SB 287)κ
school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
2. The provisions of this section do not apply to a person who:
(a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935 or 432B.220 [.] or section 44 of this act.
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) Reasonable cause to believe means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) School employee means a licensed or unlicensed person who is employed by:
(1) A board of trustees of a school district pursuant to NRS 391.100 or 391.281;
(2) The governing body of a charter school; or
(3) The Achievement School District.
(c) School official means:
(1) A member of the board of trustees of a school district.
(2) A member of the governing body of a charter school.
(3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.
(4) The Executive Director of the Achievement School District.
(d) Teacher means a person employed by the:
(1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.
(2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.
Sec. 27. NRS 388A.515 is hereby amended to read as follows:
388A.515 1. Each applicant for employment with and employee at a charter school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and each volunteer at a charter school who is likely to have unsupervised or regular contact with pupils, must, [as a condition to] before beginning his or her employment [,] or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the charter school [a] :
(a) A complete set of the applicants , employees or volunteers fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant , employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant [.] , employee or volunteer; and
κ2017 Statutes of Nevada, Page 2074 (CHAPTER 338, SB 287)κ
(b) Written authorization for the governing body to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a charter school may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.
3. If the [reports on the criminal history of an applicant indicate] information obtained by the governing body pursuant to subsection 1 or 2 indicates that the applicant , employee or volunteer has not been convicted of a felony or an offense involving moral turpitude, the governing body of the charter school may employ the applicant [.
3.] or employee or accept the volunteer, as applicable.
4. If [a report on the criminal history of an applicant] the information obtained by the governing body pursuant to subsection 1 or 2 indicates that the applicant , employee or volunteer has been convicted of a felony or an offense involving moral turpitude and the governing body of the charter school does not disqualify the applicant or employee from [further consideration of] employment or the volunteer from serving as a volunteer on the basis of that [report,] information, the governing body shall, upon the written authorization of the applicant, employee or volunteer, forward a copy of the [report] information to the Superintendent of Public Instruction. If the applicant , employee or volunteer refuses to provide his or her written authorization to forward a copy of the [report] information pursuant to this subsection, the charter school shall not employ the applicant [.
4.] or employee or accept the volunteer, as applicable.
5. The Superintendent of Public Instruction or the Superintendents designee shall promptly review the [report] information to determine whether the conviction of the applicant , employee or volunteer is related or unrelated to the position with the charter school for which the applicant has applied [. If the applicant desires employment with the charter school, the] or in which the employee is employed or the volunteer wishes to serve. The applicant , employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant [,] or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendents designee shall provide written notice of the determination to the applicant and to the governing body of the charter school.
κ2017 Statutes of Nevada, Page 2075 (CHAPTER 338, SB 287)κ
[5.] 6. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant , employee or volunteer is related to the position with the charter school for which the applicant has applied [,] or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school shall not employ the applicant [.] or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant , employee or volunteer is unrelated to the position with the charter school for which the applicant has applied [,] or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school may employ the applicant or employee for that position [.] or accept the volunteer, as applicable.
7. The governing body of a charter school may use a substantiated report of the abuse or neglect of a child, as defined in section 37 of this act, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
8. The governing body of a charter school:
(a) May accept gifts, grants and donations to carry out the provisions of this section.
(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7.
Sec. 28. NRS 388C.200 is hereby amended to read as follows:
388C.200 1. Each applicant for employment with and employee at a university school for profoundly gifted pupils, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and each volunteer at a university school for profoundly gifted pupils who is likely to have regular or unsupervised contact with pupils, must, [as a condition to] before beginning his or her employment [,] or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the university school [a] :
(a) A complete set of his or her fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant , employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant [.] , employee or volunteer; and
(b) Written authorization for the governing body to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
κ2017 Statutes of Nevada, Page 2076 (CHAPTER 338, SB 287)κ
2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a university school for profoundly gifted pupils may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.
3. If the [reports on the criminal history of an applicant indicate] information obtained by the governing body pursuant to subsection 1 or 2 indicates that the applicant , employee or volunteer has not been convicted of a felony or an offense involving moral turpitude, the governing body of the university school for profoundly gifted pupils may employ the applicant [.
3.] or employee or accept the volunteer, as applicable.
4. If [a report on the criminal history of an applicant] the information obtained by the governing body pursuant to subsection 1 or 2 indicates that the applicant , employee or volunteer has been convicted of a felony or an offense involving moral turpitude and the governing body of the university school for profoundly gifted pupils does not disqualify the applicant or employee from [further consideration of] employment or the volunteer from serving as a volunteer on the basis of that report, the governing body shall, upon the written authorization of the applicant, employee or volunteer forward a copy of the [report] information to the Superintendent of Public Instruction. If the applicant , employee or volunteer refuses to provide his or her written authorization to forward a copy of the report pursuant to this subsection, the university school shall not employ the applicant [.
4.] or employee or accept the volunteer, as applicable.
5. The Superintendent of Public Instruction or the Superintendents designee shall promptly review the [report] information to determine whether the conviction of the applicant , employee or volunteer is related or unrelated to the position with the university school for profoundly gifted pupils for which the applicant has applied [. If the applicant desires employment with the university school, the] or in which the employee is employed or the volunteer wishes to serve. The applicant , employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the university school desires to employ the applicant [,] or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendents designee shall provide written notice of the determination to the applicant , employee or volunteer and to the governing body of the university school.
[5.] 6. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant , employee or volunteer is related to the position with the university school for profoundly gifted pupils for which the applicant has applied [,] or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school shall not employ the applicant [.] or employee or accept the volunteer, as applicable.
κ2017 Statutes of Nevada, Page 2077 (CHAPTER 338, SB 287)κ
or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant , employee or volunteer is unrelated to the position with the university school for which the applicant has applied [,] or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school may employ the applicant or employee for that position [.] or accept the volunteer, as applicable.
7. The governing body of a university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child, as defined in section 37 of this act, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
8. The governing body of a university school for profoundly gifted pupils:
(a) May accept any gifts, grants and donations to carry out the provisions of this section.
(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7.
Sec. 29. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
Statewide Central Registry means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.
Sec. 30. NRS 391.002 is hereby amended to read as follows:
391.002 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 391.005 and 391.008 and section 29 of this act have the meanings ascribed to them in those sections.
Sec. 31. NRS 391.033 is hereby amended to read as follows:
391.033 1. All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.
2. An application for the issuance of a license must include the social security number of the applicant.
3. Every applicant for a license must submit with his or her application [a] :
(a) A complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 7 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant [.] ; and
(b) Written authorization for the Superintendent to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.
κ2017 Statutes of Nevada, Page 2078 (CHAPTER 338, SB 287)κ
governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.
4. In conducting an investigation into the background of an applicant for a license, the Superintendent may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant.
5. The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.
[5.] 6. A license must be issued to, or renewed for, as applicable, an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The [reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:] information obtained by the Superintendent pursuant to subsections 3 and 4:
(1) [Do] Does not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or
(2) [Indicate] Indicates that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; and
(c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.
7. The Superintendent shall forward all information obtained from an investigation of an applicant pursuant to subsections 3 and 4 to the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school where the applicant is employed or seeking employment. The board of trustees, governing body or administrator, as applicable, may use a substantiated report of the abuse or neglect of a child, as defined in section 37 of this act, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
8. The Superintendent, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school may not be held liable for damages resulting from any action of the Superintendent, board of trustees, governing body or administrator, as applicable, authorized by subsection 4 or 7.
Sec. 32. NRS 391.035 is hereby amended to read as follows:
391.035 1. Except as otherwise provided in NRS 239.0115 [,] and 391.033, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Departments file relating to the application, including:
κ2017 Statutes of Nevada, Page 2079 (CHAPTER 338, SB 287)κ
(a) The applicants health records;
(b) The applicants fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History [;] or information from the Statewide Central Registry or any equivalent registry maintained by a governmental agency in another jurisdiction;
(c) Transcripts of the applicants records at colleges or other educational institutions;
(d) The applicants scores on the examinations administered pursuant to the regulations adopted by the Commission;
(e) Any correspondence concerning the application; and
(f) Any other personal information,
Κ are confidential.
2. It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection 7 of NRS 179A.075 or the applicants written authorization.
3. The Department shall, upon request, make available the applicants file for inspection by the applicant during regular business hours.
Sec. 33. NRS 391.104 is hereby amended to read as follows:
391.104 1. Each applicant for employment pursuant to NRS 391.100 [,] or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, or volunteer who is likely to have unsupervised or regular contact with pupils, must, [as a condition to] before beginning his or her employment [,] or service as a volunteer and at least once every 5 years thereafter, submit to the school district [a] :
(a) A full set of the applicants , employees or volunteers fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant , employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant [.] , employee or volunteer; and
(b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. In conducting an investigation into the background of an applicant, employee or volunteer, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.
3. The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in section 37 of this act, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) When making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
κ2017 Statutes of Nevada, Page 2080 (CHAPTER 338, SB 287)κ
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
4. Except as otherwise provided in subsection [3,] 5, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:
(a) Sick leave;
(b) Sabbatical leave;
(c) Personal leave;
(d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;
(e) Maternity leave; and
(f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,
Κ to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.
[3.] 5. A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.
6. The board of trustees of a school district:
(a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2.
(b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3.
Sec. 34. NRS 391.281 is hereby amended to read as follows:
391.281 1. Each applicant for employment or appointment pursuant to this section [,] or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, must, [as a condition to] before beginning his or her employment [,] or appointment and at least once every 5 years thereafter, submit to the school district [a] :
(a) A full set of the applicants or employees fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant or employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant [.] or employee.
(b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant or employee that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant or employee has resided within the immediately preceding 5 years.
2. In conducting an investigation into the background of an applicant or employee, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant or employee, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant or employee.
κ2017 Statutes of Nevada, Page 2081 (CHAPTER 338, SB 287)κ
of the applicant or employee, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant or employee.
3. The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in section 37 of this act, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
4. The board of trustees of a school district:
(a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2.
(b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3.
5. The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer, including any school police officer that provides services to a charter school pursuant to a contract entered into with the board of trustees pursuant to NRS 388A.384. In addition, persons who provide police services pursuant to subsection [3] 6 or [4] 7 shall be deemed school police officers.
[3.] 6. The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district and on property therein that is owned or occupied by a charter school if the board of trustees has entered into a contract with the charter school for the provision of school police officers pursuant to NRS 388A.384. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district, including, without limitation, any charter school with which the school district has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property owned by the school district and, if applicable, the property owned or occupied by the charter school, but outside the jurisdiction of the metropolitan police department.
[4.] 7. The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district, including, without limitation, in any charter school with which the board of trustees has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property therein that is owned by the school district and, if applicable, the property owned or occupied by the charter school.
κ2017 Statutes of Nevada, Page 2082 (CHAPTER 338, SB 287)κ
services in the public schools within the school district, including, without limitation, in any charter school with which the board of trustees has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property therein that is owned by the school district and, if applicable, the property owned or occupied by the charter school.
Sec. 35. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 58, inclusive, of this act.
Sec. 36. As used in sections 36 to 58, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 37 to 42, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 37. Abuse or neglect of a child has the meaning ascribed to it in NRS 432B.020, but includes abuse or neglect caused by a person who is an employee of or volunteer for a public school or private school and who is not responsible for the welfare of the child pursuant to NRS 432B.130.
Sec. 38. Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 39. Central Registry has the meaning ascribed to it in NRS 432.0999.
Sec. 40. Child means a person under the age of 18 years or, if a pupil, until graduation from high school. The term does not include a child who remains under the jurisdiction of the court pursuant to NRS 432B.594.
Sec. 41. Information maintained by an agency which provides child welfare services means data or information concerning reports and investigations made pursuant to sections 36 to 58, inclusive, of this act, including, without limitation, the name, address, date of birth, social security number and the image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.
Sec. 41.3. Law enforcement agency means an agency, office or bureau of this State or a political subdivision of this State, the primary duty of which is to enforce the law. The term includes, without limitation, a school police officer, and any peace officer or employee who is acting in his or her professional or occupational capacity for such an agency.
Sec. 41.5. Local law enforcement agency means:
1. The sheriffs office of a county;
2. A metropolitan police department; or
3. A police department of an incorporated city.
Sec. 42. Private school has the meaning ascribed to it in NRS 394.103.
Sec. 43. For the purposes of sections 36 to 58, inclusive, of this act, a person:
1. Has reasonable cause to believe if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts as soon as reasonably practicable if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
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Sec. 44. 1. In addition to the reporting required by NRS 432B.220, if, in his or her capacity as an employee of or volunteer for a public school or private school, such an employee or volunteer knows or has reasonable cause to believe that a child has been subjected to:
(a) Abuse or neglect, sexual conduct in violation of NRS 201.540 or luring in violation of NRS 201.560 by another employee of or volunteer for a public school or private school, the employee or volunteer who has such knowledge or reasonable cause to believe shall report the abuse or neglect, sexual conduct or luring to the agency which provides child welfare services in the county in which the school is located and a law enforcement agency.
(b) Corporal punishment in violation of NRS 392.4633 or 394.366 by another employee of or volunteer for a public school or private school, the employee or volunteer who has such knowledge or reasonable cause to believe shall report the corporal punishment to the agency which provides child welfare services in the county in which the school is located.
2. A report pursuant to subsection 1 must be made as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been subjected to abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366.
3. If a law enforcement agency that receives a report pursuant to paragraph (a) of subsection 1 concludes that there is not probable cause to believe that the person allegedly responsible for the abuse or neglect or who allegedly violated NRS 201.540 or 201.560 committed the act of which he or she is accused, the law enforcement agency shall notify the agency which provides child welfare services of that determination.
4. If a school police officer receives a report pursuant to this section of an offense that is punishable as a category A felony, the school police officer shall notify the local law enforcement agency that has jurisdiction over the school.
5. A law enforcement agency, other than a school police officer, shall notify a school police officer, if such an officer is employed in the school district, if the law enforcement agency receives a report pursuant to this section of an offense that is punishable as a felony and:
(a) Allegedly occurred:
(1) On the property of a public school for which the board of trustees of the school district has employed or appointed school police officers;
(2) At an activity sponsored by such a school; or
(3) On a school bus while the school bus was being used by such a school for an official school-related purpose; or
(b) Was allegedly committed by a person who the law enforcement agency has reasonable cause to believe is an employee or volunteer of such a school.
6. An agency which provides child welfare services shall assess all allegations contained in any report made pursuant to this section and, if the agency deems appropriate, assign the matter for investigation.
7. Nothing in sections 36 to 58, inclusive, of this act shall be construed to prohibit an agency which provides child welfare services and a law enforcement agency from undertaking simultaneous investigations of the abuse or neglect of a child or a violation of NRS 201.540 or 201.560.
κ2017 Statutes of Nevada, Page 2084 (CHAPTER 338, SB 287)κ
Sec. 45. 1. A person may make a report pursuant to section 44 of this act by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, if obtainable and to the extent applicable:
(a) The name, address, age and sex of the child and the school in which the child is enrolled;
(b) The name and address of the childs parents or other person responsible for the care of the child;
(c) The nature and extent of the abuse or neglect of the child or the sexual conduct, luring or corporal punishment to which the child was subjected;
(d) The name, address and relationship, if known, of the person who is alleged to have abused or neglected, engaged in sexual contact with, lured or administered corporal punishment to, the child; and
(e) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.
Sec. 46. Any person who knowingly and willfully violates the provisions of section 44 of this act is guilty of:
1. For the first violation, a misdemeanor.
2. For each subsequent violation, a gross misdemeanor.
Sec. 47. Any person who is required to make a report pursuant to section 44 of this act may not invoke any of the privileges set forth in chapter 49 of NRS:
1. For failure to make a report pursuant to section 44 of this act;
2. In cooperating with an agency which provides child welfare services; or
3. In any proceeding held pursuant to sections 36 to 58, inclusive, of this act.
Sec. 48. In any proceeding resulting from a report made or action taken pursuant to the provisions of sections 44 or 45 of this act or in any proceeding where the report or the contents thereof is sought to be introduced in evidence, the report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report must not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.
Sec. 49. 1. A designee of an agency investigating a report made pursuant to section 44 of this act may, with the consent of the parent or guardian of the child who is the subject of the report, interview the child and any sibling of the child, if an interview is deemed appropriate by the designee, concerning the allegations contained in the report. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children.
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2. A designee of an agency investigating a report made pursuant to section 44 of this act may, with the consent of the parent or guardian of a child who is the subject of the report and after informing the parent or guardian of the provisions of subsection 3:
(a) Take or cause to be taken photographs of the childs body, including any areas of trauma; and
(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on the child.
3. The reasonable cost of any photographs or X-rays taken or medical tests performed pursuant to subsection 2 must be paid by the parent or guardian of the child if money is not otherwise available.
4. Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, any law enforcement agency participating in the investigation of the report and the prosecuting attorneys office. Each photograph, X-ray, result of a medical test or other medical record:
(a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating:
(1) The name of the child;
(2) The name and address of the person who took the photograph or X-ray, performed the medical test, or examined or treated the child; and
(3) The date on which the photograph or X-ray was taken or the treatment, examination or medical test was performed;
(b) Is admissible in any proceeding relating to the allegations in the report made pursuant to section 44 of this act; and
(c) May be given to the childs parent or guardian if the parent or guardian pays the cost of duplicating them.
5. As used in this section, medical test means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.
Sec. 50. 1. Except as otherwise provided in NRS 239.0115 and sections 51 to 55, inclusive, of this act, information maintained by an agency which provides child welfare services pursuant to sections 36 to 58, inclusive, of this act is confidential.
2. Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except:
(a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;
(b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175;
(c) As otherwise authorized or required pursuant to NRS 432B.290;
(d) As otherwise authorized or required pursuant to NRS 439.538;
(e) As otherwise required pursuant to NRS 432B.513; or
(f) As otherwise authorized or required pursuant to sections 51 to 55, inclusive, of this act,
Κ is guilty of a gross misdemeanor.
κ2017 Statutes of Nevada, Page 2086 (CHAPTER 338, SB 287)κ
Sec. 51. Except as otherwise provided in sections 51 to 54, inclusive, of this act, information maintained by an agency which provides child welfare services pursuant to sections 36 to 58, inclusive, of this act may, at the discretion of the agency which provides child welfare services, be made available only to:
1. The child who is the subject of the report, the parent or guardian of the child and an attorney for the child or the parent or guardian of the child, if the identity of the person responsible for reporting the abuse or neglect of the child or the violation of NRS 201.540, 201.560, 392.4633 or 394.366 to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;
2. A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected or subject to a violation of NRS 201.540, 201.560, 392.4633 or 394.366;
3. An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care or treatment or supervision of the child or investigate the allegations in the report;
4. A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the conduct alleged in the report;
5. A court, other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
6. A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
7. A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;
8. A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect and violations of NRS 201.540, 201.560, 392.4633 or 394.366 or similar statutes in another jurisdiction;
9. A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
10. A team organized pursuant to NRS 432B.405 to review the death of a child;
11. Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:
(a) The identity of the person making the report is kept confidential; and
(b) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have engaged in the conduct described in the report;
κ2017 Statutes of Nevada, Page 2087 (CHAPTER 338, SB 287)κ
12. The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;
13. A public school, private school, school district or governing body of a charter school or private school in this State or any other jurisdiction that employs a person named in the report, allows such a person to serve as a volunteer or is considering employing such a person or accepting such a person as a volunteer;
14. The school attended by the child who is the subject of the report and the board of trustees of the school district in which the school is located or the governing body of the school, as applicable;
15. An employer in accordance with subsection 3 of NRS 432.100; and
16. The Committee to Review Suicide Fatalities created by NRS 439.5104.
Sec. 52. 1. An agency which provides child welfare services investigating a report made pursuant to section 44 of this act shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of a child or violating the provisions of NRS 201.540, 201.560, 392.4633 or 394.366:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person; or
(b) A written summary of the allegations made against the person. The summary must not identify the person who made the report or any collateral sources and reporting parties.
2. A person may authorize the release of information maintained by an agency which provides child welfare services pursuant to sections 36 to 58, inclusive, of this act about himself or herself, but may not waive the confidentiality of such information concerning any other person.
3. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the allegations in a report made pursuant to section 44 of this act to the person who made the report.
Sec. 53. 1. Information maintained by an agency which provides child welfare services pursuant to sections 36 to 58, inclusive, of this act must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.
2. Before releasing any information maintained by an agency which provides child welfare services pursuant to sections 36 to 58, inclusive, of this act, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who makes a report pursuant to section 44 of this act and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the allegations in the report or the life or safety of any person.
κ2017 Statutes of Nevada, Page 2088 (CHAPTER 338, SB 287)κ
3. The provisions of sections 51 to 54, inclusive, of this act must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services pursuant to sections 36 to 58, inclusive, of this act if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.
4. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.
5. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of sections 51 to 54, inclusive, of this act.
Sec. 54. 1. Except as otherwise provided in sections 51 to 54, inclusive, of this act, any person who is provided with information maintained by an agency which provides child welfare services pursuant to sections 36 to 58, inclusive, of this act and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This section does not apply to:
(a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;
(b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151; or
(c) An employee of a juvenile justice agency who provides the information to the juvenile court.
2. As used in this section, juvenile justice agency means the Youth Parole Bureau or a director of juvenile services.
Sec. 55. 1. An agency which provides child welfare services investigating a report made pursuant to section 44 of this act shall, upon completing the investigation, determine whether the report is substantiated or unsubstantiated.
2. If the report is substantiated, the agency shall:
(a) Forward the report to the Department of Education, the board of trustees of the school district in which the school is located or the governing body of the charter school or private school, as applicable, the appropriate local law enforcement agency within the county and the district attorneys office within the county for further investigation.
(b) Provide written notification to the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.560, 392.4633 or 394.366 which includes statements indicating that:
(1) The report made against the person has been substantiated and the agency which provides child welfare services intends to place the persons name in the Central Registry pursuant to paragraph (a); and
(2) The person may request an administrative appeal of the substantiation of the report and the agencys intention to place the persons name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required by section 56 of this act.
κ2017 Statutes of Nevada, Page 2089 (CHAPTER 338, SB 287)κ
(c) After the conclusion of any administrative appeal pursuant to section 56 of this act or the expiration of the time period prescribed by that section for requesting an administrative appeal, whichever is later, report to the Central Registry:
(1) Identifying and demographic information on the child who is the subject of the report, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the conduct alleged in the report;
(2) The facts of the alleged conduct, including the date and type of alleged conduct, a description of the alleged conduct, the severity of any injuries and, if applicable, any information concerning the death of the child; and
(3) The disposition of the case.
Sec. 56. 1. A person to whom a written notification is sent pursuant to section 55 of this act may request an administrative appeal of the substantiation of the report and the agencys intention to place the persons name in the Central Registry by submitting a written request to the agency which provides child welfare services within 15 days after the date on which the agency sends the written notification required by section 55 of this act.
2. Except as otherwise provided in subsection 3, if an agency which provides child welfare services receives a timely request for an administrative appeal pursuant to subsection 1, a hearing before a hearing officer must be held in accordance with chapter 233B of NRS.
3. If a timely request for an administrative appeal is not submitted pursuant to subsection 1, the agency which provides child welfare services shall place the persons name in the Central Registry pursuant to section 55 of this act.
4. If the hearing officer in a hearing held pursuant to this section:
(a) Affirms the substantiation of the report, the agency which provides child welfare services shall place the persons name in the Central Registry pursuant to section 55 of this act.
(b) Rejects the substantiation of the report, the agency which provides child welfare services shall not place the persons name in the Central Registry pursuant to section 55 of this act.
5. The decision of a hearing officer in a hearing held pursuant to this section is a final decision for the purposes of judicial review.
Sec. 57. 1. Immunity from civil or criminal liability extends to every person who in good faith:
(a) Makes a report pursuant to section 44 of this act;
(b) Conducts an interview or allows an interview to be taken pursuant to section 49 of this act;
(c) Allows or takes photographs or X-rays pursuant to section 49 of this act;
(d) Causes a medical test to be performed pursuant to section 49 of this act;
(e) Provides a record, or a copy thereof, of a medical test performed pursuant to section 49 of this act to an agency which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report made pursuant to section 44 of this act or the prosecuting attorneys office; or
κ2017 Statutes of Nevada, Page 2090 (CHAPTER 338, SB 287)κ
(f) Participates in a judicial proceeding resulting from a report made pursuant to section 44 of this act.
2. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to section 44 of this act; or
(b) Performing any act set forth in paragraphs (b) to (f), inclusive, of subsection 1,
Κ there is a presumption that the person acted in good faith.
Sec. 58. The Division of Child and Family Services of the Department of Health and Human Services may, in consultation with each agency which provides child welfare services, adopt any regulations necessary for the administration of sections 36 to 58, inclusive, of this act.
Sec. 59. NRS 392.4633 is hereby amended to read as follows:
392.4633 1. Corporal punishment must not be administered upon a pupil in any public school.
2. Subsection 1 does not prohibit any [teacher, principal or other licensed] person from defending himself or herself if attacked by a pupil.
3. [A person may report the use of corporal punishment on a pupil to the agency which provides child welfare services in the county in which the school district is located. If the agency determines that the complaint is substantiated, the agency shall forward the complaint to the Department, the appropriate local law enforcement agency within the county and the district attorneys office within the county for further investigation.
4.] As used in this section [:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Corporal] , corporal punishment means the intentional infliction of physical pain upon or the physical restraint of a pupil for disciplinary purposes. The term does not include the use of reasonable and necessary force:
[(1)] (a) To quell a disturbance that threatens physical injury to any person or the destruction of property;
[(2)] (b) To obtain possession of a weapon or other dangerous object within a pupils control;
[(3)] (c) For the purpose of self-defense or the defense of another person; or
[(4)] (d) To escort a disruptive pupil who refuses to go voluntarily with the proper authorities.
Sec. 60. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each applicant for employment with or employee at a private school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, or volunteer at a private school who is likely to have unsupervised or regular contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the administrator of the private school:
(a) A complete set of the applicants, employees or volunteers fingerprints and written permission authorizing the administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
κ2017 Statutes of Nevada, Page 2091 (CHAPTER 338, SB 287)κ
employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and
(b) Written authorization for the administrator to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
2. The administrator of the private school shall:
(a) Submit the fingerprints of the applicant to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the administrator deems necessary; and
(b) Request any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.
3. In conducting an investigation into the criminal history of an applicant, employee or volunteer, the administrator of a private school may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants or applications for protective orders.
4. The administrator or governing body of a private school may use a substantiated report of the abuse or neglect of a child, as defined in section 37 of this act, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:
(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and
(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.
5. The administrator or governing body of a private school may not be held liable for damages resulting from taking any action authorized by subsection 3 or 4.
Sec. 61. NRS 394.177 is hereby amended to read as follows:
394.177 1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
κ2017 Statutes of Nevada, Page 2092 (CHAPTER 338, SB 287)κ
2. The provisions of this section do not apply to a person who:
(a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935 or 432B.220 [.] or section 44 of this act.
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) Reasonable cause to believe means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) School employee means a licensed or unlicensed person, other than a school official, who is employed by a private school.
(c) School official means:
(1) An owner of a private school.
(2) A director of a private school.
(3) A supervisor at a private school.
(4) An administrator at a private school.
(d) Teacher means a person employed by a private school to provide instruction and other educational services to pupils enrolled in the private school.
Sec. 62. NRS 394.610 is hereby amended to read as follows:
394.610 Unless a specific penalty is otherwise provided, a person who willfully violates the provisions of NRS 394.005 to 394.550, inclusive, and section 60 of this act is guilty of a gross misdemeanor. Each days failure to comply with the provisions of these sections is a separate offense.
Sec. 63. The provisions of NRS 288.150, as amended by section 24 of this act:
1. Apply to any collective bargaining agreement entered into, extended or renewed on or after July 1, 2017, and any provision of the agreement that is in conflict with that section, as amended, is void.
2. Do not apply to any collective bargaining agreement entered into before July 1, 2017.
Sec. 64. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 65. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2093κ
Senate Bill No. 171Senators Gansert; Cancela, Ford, Harris, Manendo, Parks and Segerblom
Joint Sponsor: Assemblywoman Tolles
CHAPTER 339
[Approved: June 3, 2017]
AN ACT relating to pharmacies; requiring certain pharmacies in this State to post or provide written instructions for the safe disposal of unused drugs; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides, in certain institutional settings, for the return of certain unused drugs to the dispensing pharmacy and the reissue or transfer of such drugs. (NRS 433.801, 435.700, 449.2485, 639.2675, 639.2676) Existing law also establishes programs for the donation, distribution and dispensing of drugs to treat HIV/AIDS and cancer. (Chapter 453B of NRS) This bill requires each retail community pharmacy in this State to post in a conspicuous place on the premises of the pharmacy or provide, upon request, written instructions for safely disposing of unused drugs. This bill additionally provides that, upon violating such a requirement, the holder of a license of a retail community pharmacy and any pharmacist working for such a pharmacy are not: (1) guilty of a misdemeanor or felony; or (2) subject to suspension, revocation or probation of a certificate, license or permit held by such a licensee or pharmacist. This bill further authorizes the State Board of Pharmacy to discipline the holder of a license of a retail community pharmacy upon a violation of the requirement for posting or providing information concerning the disposal of unused drugs by one or both of the following methods: (1) public reprimand; or (2) a fine not to exceed $200 that may be imposed not more than once every 6 months.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each retail community pharmacy in this State shall post in a conspicuous place on the premises of the pharmacy or provide, upon the request of any person, written instructions concerning the safe disposal of unused drugs.
2. Notwithstanding any provision of this chapter to the contrary, upon a violation of subsection 1, the holder of a license of a retail community pharmacy and any pharmacist employed by the pharmacy are not:
(a) Guilty of a misdemeanor or felony; or
(b) Subject to:
(1) The suspension or revocation of a certificate, license or permit issued to the retail community pharmacy or pharmacist; or
(2) Probation.
3. Notwithstanding any provision of this chapter to the contrary, upon a violation of subsection 1, only the holder of a license of a retail community pharmacy may be disciplined by the Board, and only by one or both of the following methods:
κ2017 Statutes of Nevada, Page 2094 (CHAPTER 339, SB 171)κ
(a) Public reprimand; or
(b) Imposition of a fine not to exceed $200 against the licensee. A fine may be imposed against the holder of a license of a retail community pharmacy pursuant to this section not more than once every 6 months.
4. As used in this section, retail community pharmacy means a pharmacy that is licensed by the Board and dispenses drugs directly to the general public at retail prices. The term does not include:
(a) A pharmacy that dispenses prescription medications to patients solely through the mail;
(b) A nonprofit pharmacy designated by the Board pursuant to NRS 639.2676;
(c) An institutional pharmacy;
(d) A pharmacy in a correctional institution; or
(e) A pharmacy owned or operated by a governmental entity.
Sec. 2. (Deleted by amendment.)
________
Assembly Bill No. 384Assemblymen Thompson, McCurdy II, Flores, Araujo, Carrillo; Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Daly, Frierson, Fumo, Miller, Monroe-Moreno, Neal, Ohrenschall, Sprinkle and Yeager
Joint Sponsors: Senators Ford, Atkinson, Spearman, Cancela, Parks; Denis, Segerblom and Woodhouse
CHAPTER 340
[Approved: June 3, 2017]
AN ACT relating to public employment; providing generally that the criminal history of an applicant or other qualified person under consideration for a position in the unclassified or classified service of the State may be considered only under certain circumstances; prohibiting the Administrator, when examining an applicant for a position in the classified service of the State, from considering the criminal history of the applicant; providing that, except in certain circumstances, the criminal history of a person may serve as the basis for the Administrator to refuse to certify an applicant or for rescission of a conditional offer of employment in the unclassified or classified service of the State only after consideration of certain factors relating to the criminal history of the person; providing for written notice to a person if the criminal history of the person is the basis for the Administrators refusal to certify the person or for the rescission of a conditional offer of employment; establishing similar provisions relating to the consideration by the governing body of a county, incorporated city or unincorporated town of the criminal history of an applicant for employment by a county, incorporated city or unincorporated town; authorizing the filing of a complaint with the Nevada Equal Rights Commission under certain circumstances; and providing other matters properly relating thereto.
κ2017 Statutes of Nevada, Page 2095 (CHAPTER 340, AB 384)κ
Legislative Counsels Digest:
Existing law governs generally the employment of persons in the classified and unclassified service of the State. Existing law further establishes the duties of the Administrator of the Division of Human Resource Management of the Department of Administration with regard to administering competitive examinations of persons seeking employment in the classified service of the State and maintaining a list of eligible persons for employment in the classified service. (Chapter 284 of NRS) Under existing law, the Administrator may refuse to examine an applicant or refuse to certify an eligible person if the person has been found guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct. (NRS 284.240)
Section 2 of this bill provides, with exceptions, that the criminal history of an applicant or other qualified person under consideration for employment in the unclassified service of the State may be considered only after the earliest of: (1) the final interview conducted in person; (2) the appointing authority has made a conditional offer of employment to the applicant; or (3) if applicable, the applicant has been certified by the Administrator. Section 3 of this bill prohibits the Administrator from considering the criminal history of an applicant in examining the applicant. Additionally, section 3 provides, with exceptions, that the criminal history of an applicant for a position in the classified service may be considered only after the earliest of: (1) the final interview conducted in person; (2) the applicant has been certified by the Administrator; or (3) the appointing authority has made a conditional offer of employment to the applicant. Sections 2 and 3 set forth specific factors that must be considered by an appointing authority or the Administrator before the criminal history of an applicant may be used as the basis for rescinding a conditional offer of employment or for rejection of the applicant, including: (1) whether any criminal offense charged against or committed by the person directly relates to the responsibilities of the position for which the person has applied; (2) the nature and severity of each criminal offense charged against or committed by the person; (3) the age of the person at the time of the commission of each criminal offense; (4) the period of time between the commission of each criminal offense and the date of the application for employment; and (5) any information or documentation demonstrating the persons rehabilitation. Sections 5, 6 and 6.3 of this bill establish similar provisions relating to the consideration by the governing body of a county, incorporated city or unincorporated town, respectively, of the criminal history of an applicant for employment by the county, incorporated city or unincorporated town. Sections 2, 3, 5, 6 and 6.3 provide that if the criminal history of an applicant is used as the basis for rejecting the applicant or rescinding a conditional offer of employment extended to the applicant, the appointing authority or the governing body of the county, incorporated city or unincorporated town, as applicable, must provide to the applicant a written statement which must specifically state the evidence presented and the reason for the rejection of the applicant or rescission of the conditional offer of employment. Sections 2, 3, 5, 6 and 6.3 also prohibit the appointing authority or the governing body of a county, incorporated city or unincorporated town from considering certain criminal records. Sections 2, 3, 5, 6 and 6.3 also require the appointing authority or the governing body of a county, incorporated city or unincorporated town to include certain information in an application for employment. Sections 2, 3, 5, 6 and 6.3 do not apply to any applicant for employment: (1) as a peace officer or firefighter; or (2) in any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
Existing law declares certain employment practices to be unlawful and authorizes any person injured by such a practice to file a complaint with the Nevada Equal Rights Commission. Generally, the Commission has jurisdiction only over practices involving discrimination on the basis of race, color, sex and certain other enumerated characteristics. (NRS 613.330, 613.405) Section 6.5 of this bill provides that an employer that is subject to the requirements of section 2, 3, 5, 6 or 6.3 and fails to follow the procedure required by those sections in considering the criminal history of an applicant for employment thereby engages in an unlawful employment practice.
κ2017 Statutes of Nevada, Page 2096 (CHAPTER 340, AB 384)κ
Section 6.7 of this bill provides that the applicant in such a case may file a complaint with the Commission, regardless of whether the complaint is based on race, color, sex or some other characteristic enumerated in existing law.
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 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the criminal history of an applicant or other qualified person for a position in the unclassified service of the State may be considered only after the earliest of:
(a) The final interview conducted in person;
(b) The appointing authority has extended to the applicant a conditional offer of employment; or
(c) If applicable, the applicant has been certified by the Administrator.
2. An appointing authority may, before examining an applicant or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
3. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, an appointing authority may rescind a conditional offer of employment extended to an otherwise qualified person who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
(a) Whether any criminal offense charged against the person or committed by the person directly relates to the responsibilities of the position for which the person has applied or is being considered;
(b) The nature and severity of each criminal offense charged against the person or committed by the person;
(c) The age of the person at the time of the commission of each criminal offense;
(d) The period between the commission of each criminal offense and the date of the application for employment in the unclassified service; and
(e) Any information or documentation demonstrating the persons rehabilitation.
4. An appointing authority shall not consider any of the following criminal records in connection with an application for employment:
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(b) A record of conviction which was dismissed, expunged or sealed; or
(c) An infraction or misdemeanor for which a sentence of imprisonment in a county jail was not imposed.
κ2017 Statutes of Nevada, Page 2097 (CHAPTER 340, AB 384)κ
5. If the criminal history of an applicant is used as a basis for rescinding a conditional offer of employment, rescission of the conditional offer of employment must:
(a) Be made in writing;
(b) Include a statement indicating that the criminal history of the applicant was the basis for the rescission of the offer; and
(c) Provide an opportunity for the applicant to discuss the basis for the rescission of the offer with the director of human resources for the appointing authority or a person designated by the director.
6. An application for employment must include a statement that:
(a) A record of conviction will not necessarily bar the applicant from employment; and
(b) The appointing authority will consider factors such as:
(1) The length of time that has passed since the offense;
(2) The age of the applicant at the time of the offense;
(3) The severity and nature of the offense;
(4) The relationship of the offense to the position for which the applicant has applied; and
(5) Evidence of the rehabilitation of the applicant.
7. This section does not apply to any applicant for employment:
(a) As a peace officer or firefighter; or
(b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
Sec. 3. 1. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person:
(a) The Administrator shall not consider the criminal history of an applicant in examining the applicant.
(b) The criminal history of an applicant for a position in the classified service may be considered only after the earliest of:
(1) The final interview conducted in person;
(2) The applicant has been certified by the Administrator; or
(3) The appointing authority has extended to the applicant a conditional offer of employment.
2. The Administrator may, before examining an applicant or certifying an eligible person, notify the applicant or eligible person of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
3. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the Administrator may refuse to certify an eligible person and an appointing authority may rescind a conditional offer of employment extended to an otherwise qualified person who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
(a) Whether any criminal offense charged against the person or committed by the person directly relates to the responsibilities of the position for which the person has applied or is being considered;
(b) The nature and severity of each criminal offense charged against the person or committed by the person;
κ2017 Statutes of Nevada, Page 2098 (CHAPTER 340, AB 384)κ
(c) The age of the person at the time of the commission of each criminal offense;
(d) The period between the commission of each criminal offense and the date of the application for or consideration of employment in the classified service; and
(e) Any information or documentation demonstrating the persons rehabilitation.
4. The Administrator shall not consider any of the following criminal records in connection with an application for employment:
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(b) A record of conviction which was dismissed, expunged or sealed; or
(c) An infraction or misdemeanor for which a sentence of imprisonment in a county jail was not imposed.
5. If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment, such rejection or rescission of a conditional offer of employment must:
(a) Be made in writing;
(b) Include a statement indicating that the criminal history of the applicant was the basis for the rejection or rescission of the offer; and
(c) Provide an opportunity for the applicant to discuss the basis for the rejection or rescission of the offer with the director of human resources for the appointing authority or a person designated by the director.
6. An application for employment must include a statement that:
(a) A record of conviction will not necessarily bar the applicant from employment; and
(b) The Administrator will consider factors such as:
(1) The length of time that has passed since the offense;
(2) The age of the applicant at the time of the offense;
(3) The severity and nature of the offense;
(4) The relationship of the offense to the position for which the applicant has applied; and
(5) Evidence of the rehabilitation of the applicant.
7. This section does not apply to any applicant for employment:
(a) As a peace officer or firefighter; or
(b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
Sec. 4. NRS 284.240 is hereby amended to read as follows:
284.240 The Administrator may refuse to examine an applicant or, after examination, may refuse to certify an eligible person who:
1. Lacks any of the preliminary requirements established for the examination for the position or employment for which the applicant or eligible person applies.
2. Submitted to a screening test administered pursuant to NRS 284.4066, the results of which indicated the presence of a controlled substance, and the person did not provide the proof required by NRS 284.4066.
3. [Has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct.
4.] Has been dismissed from the public service for delinquency or misconduct.
κ2017 Statutes of Nevada, Page 2099 (CHAPTER 340, AB 384)κ
[5.] 4. Has made a false statement of any material fact.
[6.] 5. Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of or in connection with, the examination, appointment or proposed appointment of the applicant or eligible person.
[7.] 6. Has practiced, or attempted to practice, any deception or fraud in the application, certificate or examination of the applicant or eligible person, or in securing the eligibility or appointment of the applicant or eligible person.
Sec. 5. Chapter 245 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the criminal history of an applicant for employment by a county may be considered only after the earlier of:
(a) The final interview conducted in person; or
(b) The county has extended to the applicant a conditional offer of employment.
2. The board of county commissioners, a county officer or any other person acting on behalf of a county may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
3. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the board of county commissioners, a county officer or any other person acting on behalf of a county may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
(a) Whether any criminal offense charged against the applicant or committed by the applicant directly relates to the responsibilities of the position for which the applicant has applied;
(b) The nature and severity of each criminal offense charged against the applicant or committed by the applicant;
(c) The age of the applicant at the time of the commission of each criminal offense;
(d) The period between the commission of each criminal offense and the date of the application for employment; and
(e) Any information or documentation demonstrating the applicants rehabilitation.
4. The board of county commissioners, a county officer or any other person acting on behalf of a county shall not consider any of the following criminal records in connection with an application for employment:
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(b) A record of conviction which was dismissed, expunged or sealed; or
κ2017 Statutes of Nevada, Page 2100 (CHAPTER 340, AB 384)κ
(c) An infraction or misdemeanor for which a sentence of imprisonment in a county jail was not imposed.
5. If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment, such rejection or rescission of a conditional offer of employment must:
(a) Be made in writing;
(b) Include a statement indicating that the criminal history of the applicant was the basis for the rejection or rescission of the offer; and
(c) Provide an opportunity for the applicant to discuss the basis for the rejection or rescission of the offer with the director of the department of human resources of the county or a person designated by the director.
6. An application for employment must include a statement that:
(a) A record of conviction will not necessarily bar the applicant from employment; and
(b) The board of county commissioners, a county officer or any other person acting on behalf of the county will consider factors such as:
(1) The length of time that has passed since the offense;
(2) The age of the applicant at the time of the offense;
(3) The severity and nature of the offense;
(4) The relationship of the offense to the position for which the applicant has applied; and
(5) Evidence of the rehabilitation of the applicant.
7. This section does not apply to any applicant for employment:
(a) As a peace officer or firefighter; or
(b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
Sec. 6. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the criminal history of an applicant for employment by an incorporated city may be considered only after the earlier of:
(a) The final interview conducted in person; or
(b) The incorporated city has extended to the applicant a conditional offer of employment.
2. The governing body of an incorporated city or a city officer may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
3. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the governing body or a city officer may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
κ2017 Statutes of Nevada, Page 2101 (CHAPTER 340, AB 384)κ
(a) Whether any criminal offense charged against the applicant or committed by the applicant directly relates to the responsibilities of the position for which the applicant has applied;
(b) The nature and severity of each criminal offense charged against the applicant or committed by the applicant;
(c) The age of the applicant at the time of the commission of each criminal offense;
(d) The period between the commission of each criminal offense and the date of the application for employment; and
(e) Any information or documentation demonstrating the applicants rehabilitation.
4. The governing body of an incorporated city or a city officer shall not consider any of the following criminal records in connection with an application for employment:
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(b) A record of conviction which was dismissed, expunged or sealed; or
(c) An infraction or misdemeanor for which a sentence of imprisonment in a county jail was not imposed.
5. If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment, such rejection or rescission of a conditional offer of employment must:
(a) Be made in writing;
(b) Include a statement indicating that the criminal history of the applicant was the basis for the rejection or rescission of the offer; and
(c) Provide an opportunity for the applicant to discuss the basis for the rejection or rescission of the offer with the director of the department of human resources of the incorporated city or a person designated by the director.
6. An application for employment must include a statement that:
(a) A record of conviction will not necessarily bar the applicant from employment; and
(b) The governing body of an incorporated city or a city officer will consider factors such as:
(1) The length of time that has passed since the offense;
(2) The age of the applicant at the time of the offense;
(3) The severity and nature of the offense;
(4) The relationship of the offense to the position for which the applicant has applied; and
(5) Evidence of the rehabilitation of the applicant.
7. This section does not apply to any applicant for employment:
(a) As a peace officer or firefighter; or
(b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
Sec. 6.3. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the criminal history of an applicant for employment by an unincorporated town may be considered only after the earlier of:
κ2017 Statutes of Nevada, Page 2102 (CHAPTER 340, AB 384)κ
(a) The final interview conducted in person; or
(b) The unincorporated town has extended to the applicant a conditional offer of employment.
2. The town board, the board of county commissioners or any other person acting on behalf of an unincorporated town may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
3. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the town board, the board of county commissioners or any other person acting on behalf of an unincorporated town may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
(a) Whether any criminal offense charged against the applicant or committed by the applicant directly relates to the responsibilities of the position for which the applicant has applied;
(b) The nature and severity of each criminal offense charged against the applicant or committed by the applicant;
(c) The age of the applicant at the time of the commission of each offense;
(d) The period between the commission of each criminal offense and the date of the application for employment; and
(e) Any information or documentation demonstrating the applicants rehabilitation.
4. A town board, the board of county commissioners or any other person acting on behalf of an unincorporated town shall not consider any of the following criminal records in connection with an application for employment:
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(b) A record of conviction which was dismissed, expunged or sealed; or
(c) An infraction or misdemeanor in which a sentence of imprisonment in a county jail was not imposed.
5. If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment, such rejection or rescission of the offer of employment must:
(a) Be made in writing;
(b) Include a statement indicating that the criminal history of the applicant was the basis for the rejection or rescission of the offer; and
(c) Provide an opportunity for the applicant to discuss the basis for the rejection or rescission of the offer with the director of the department of human resources of the unincorporated town or a person designated by the director.
6. An application for employment must include a statement that:
(a) A record of conviction will not necessarily bar the applicant from employment; and
κ2017 Statutes of Nevada, Page 2103 (CHAPTER 340, AB 384)κ
(b) The town board, the board of county commissioners or any other person acting on behalf of the unincorporated town will consider factors such as:
(1) The length of time that has passed since the offense;
(2) The age of the applicant at the time of the offense;
(3) The severity and nature of the offense;
(4) The relationship of the offense to the position for which the applicant has applied; and
(5) Evidence of the rehabilitation of the applicant.
7. This section does not apply to any applicant for employment:
(a) As a peace officer or firefighter; or
(b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
Sec. 6.5. NRS 613.330 is hereby amended to read as follows:
613.330 1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the persons compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or
(b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.
2. It is an unlawful employment practice for an employment agency to:
(a) Fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person; or
(b) Classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the persons employment opportunities or otherwise adversely affect the persons status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or
(c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
κ2017 Statutes of Nevada, Page 2104 (CHAPTER 340, AB 384)κ
on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
5. Except as otherwise provided in subsection 6, it is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.
6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employees service animal with him or her at all times in his or her place of employment, except that an employer may refuse to permit an employee to keep a service animal that is a miniature horse with him or her if the employer determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.
7. It is an unlawful employment practice for an appointing authority governed by the provisions of chapter 284 of NRS, the Administrator of the Division of Human Resource Management of the Department of Administration or the governing body of a county, incorporated city or unincorporated town to consider the criminal history of an applicant for employment without following the procedure required in section 2, 3, 5, 6 or 6.3 of this act, as applicable.
8. As used in this section, service animal has the meaning ascribed to it in NRS 426.097.
Sec. 6.7. NRS 613.405 is hereby amended to read as follows:
613.405 [Any]
1. Except as otherwise provided in subsection 2, any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.435, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.
2. Any person injured by an unlawful employment practice within the scope of subsection 7 of NRS 613.330 may file a complaint to that effect with the Nevada Equal Rights Commission regardless of whether the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.
Sec. 7. This act becomes effective on January 1, 2018.
________
κ2017 Statutes of Nevada, Page 2105κ
Assembly Bill No. 77Committee on Education
CHAPTER 341
[Approved: June 4, 2017]
AN ACT relating to education; revising provisions governing the membership of the English Mastery Council; revising provisions concerning reporting and monitoring of criminal cases and actions taken pursuant to criminal convictions of certain charter school employees and applicants for employment; revising provisions relating to the suspension of a license to teach; revising provisions relating to the qualifications for the issuance of a license to teach middle school, junior high school education or secondary education; revising provisions relating to reciprocal licensure; providing that teachers and other educational personnel may obtain a license to teach pupils in a program of early childhood education; revising provisions governing the assignment of certain teachers and administrators; revising provisions governing the Commission on Professional Standards in Education; requiring that any cost associated with employing a substitute teacher while a teacher who is a member of certain councils or commissions attends meetings must be paid by certain persons or governmental entities; transferring, from the State Board of Education to the Commission on Professional Standards in Education, responsibility for prescribing standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or perform other educational functions; authorizing the Department of Education to waive certain fees for licensure for certain veterans and members of the Armed Forces and their spouses; requiring each school district to submit to the Department the overall performance rating for each licensed employee employed by the district; revising provisions relating to professional development training; authorizing the Department to charge and collect certain fees for the monitoring of certain criminal cases; authorizing the Department to charge and collect a fee to review certain information submitted by a prospective applicant for licensure; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 21 of this bill adds a license to teach pupils in a program of early childhood education to the kinds of licenses available for teachers and other educational personnel. Section 21 also removes language specifying the particular grades the holder of a license to teach middle school or junior high school may teach and instead authorizes such a person to teach in any middle school or junior high school. Section 24 of this bill increases the minimum amount of the fee that the Commission on Professional Standards in Education may impose for the issuance or renewal of a license to teach. Section 24 authorizes the Department of Education to waive this fee for veterans of the Armed Forces, members of the Armed Forces who are on active duty and the spouses of such veterans and members of the Armed Forces.
Section 13 of this bill authorizes the Department of Education to charge and collect a fee to: (1) review information pertaining to a persons qualifications for a license to teach or perform other educational functions; and (2) provide feedback to the person concerning whether the information submitted indicates that the person may satisfy one or more of the requirements for the issuance of a license and, if so, the kind of license for which the person may be eligible.
κ2017 Statutes of Nevada, Page 2106 (CHAPTER 341, AB 77)κ
may satisfy one or more of the requirements for the issuance of a license and, if so, the kind of license for which the person may be eligible.
Section 13 requires any such fee that is collected to be applied toward the fee prescribed for the issuance of a license if the Department determines from the information submitted that the person satisfies the requirements for the issuance of a license. Existing law creates the English Mastery Council and requires the Council to include two members who hold a masters degree to teach English as a second language and meet certain other criteria. (NRS 388.409) Section 1.7 of this bill provides that these two members may hold an endorsement to teach English as a second language instead of holding a masters degree.
Existing law requires the Department to adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving licensed educational personnel. (NRS 391.055) Section 4 of this bill requires the Department to adopt regulations that establish a similar procedure for the notification, tracking and monitoring of the status of criminal cases involving teachers and administrators who are employed by a charter school but are not licensed.
Existing law requires the board of trustees of each school district and the governing body of each charter school to adopt a policy which requires a licensed employee of the school district or charter school to report to the school district or charter school if the employee is arrested for or convicted of a crime. (NRS 391.056) Section 5 of this bill requires the governing body of a charter school to adopt a similar policy regarding a teacher or administrator who is not licensed but who is employed by a charter school as a teacher or administrator.
Existing law requires the superintendent of schools of each school district and the administrative head of each charter school to submit certain information relating to the arrest of a licensed employee to the Department. (NRS 391.057) Section 6 of this bill requires the administrative head of each charter school to submit information relating to the arrest of an unlicensed teacher or administrator to the Department.
Existing law provides immunity from civil or criminal liability for any person who makes a report, causes or conducts an investigation, or submits information relating to a licensed employee who is arrested for or convicted of a crime. (NRS 391.059) Section 7 of this bill extends this immunity from liability to every person who makes a report, causes or conducts an investigation or submits information relating to an unlicensed teacher or administrator who is arrested for or convicted of a crime.
Existing law authorizes the State Board of Education, after notice and an opportunity for a hearing, to suspend or revoke the license of any teacher, administrator or other licensed employee under certain circumstances, including, without limitation, conviction of the teacher, administrator or other licensed employee of a felony, a crime involving moral turpitude or certain sex offenses. (NRS 391.330) Section 8 of this bill requires the governing body of a charter school to terminate the employment of any teacher or administrator who is employed by the charter school but is not licensed upon conviction of a felony, a crime involving moral turpitude or certain sex offenses.
Section 26 of this bill provides that the board of trustees of a school district need only seek to obtain the consent of a principal before transferring certain teachers or administrators to a school. Section 26 also requires the superintendent of a school district to submit the plan to address the assignment of certain teachers and administrators to the State Board of Education. Sections 10 and 27 of this bill authorize the Superintendent of Public Instruction to prescribe the date by which each charter school and school district must submit certain information regarding licensed employees employed by the governing body of the charter school or the school district during that year.
Section 27 requires the information submitted by a school district to include the overall performance rating of each licensed employee employed by the school district.
Existing law provides that if an employees license lapses during a time that school is in session, a certain period must pass before the employee is suspended from employment. (NRS 391.3015) Section 29 of this bill provides that if the Superintendent denies an application for renewal of a license, the licensee may be suspended immediately.
κ2017 Statutes of Nevada, Page 2107 (CHAPTER 341, AB 77)κ
Under existing law, the membership of the Advisory Council on Parental and Family Engagement, the Commission on Professional Standards in Education, the Teachers and Leaders Council of Nevada and the Statewide Council for the Coordination of the Regional Training Programs includes one or more members who are teachers. (NRS 385.610, 391.015, 391.455, 391A.130) Section 1 of this bill provides that any costs associated with employing a substitute teacher while a member who is a teacher attends a meeting of the Advisory Council must be paid by the school district or charter school that employs the member. Sections 18, 30 and 31 of this bill also require the school district or charter school that employs the teacher to pay the cost associated with employing a substitute needed for a teacher to serve on one of the other bodies but also allow the organization that submitted the name of the member to the Governor for appointment to pay the cost.
Sections 15-17 of this bill revise provisions governing the membership, terms and officers of the Commission on Professional Standards in Education.
Existing law requires the Commission on Professional Standards in Education to adopt regulations governing examinations for the initial licensing of teachers and authorizes the Commission to provide an exemption from such examinations for teachers and other educational personnel from another state under certain circumstances. (NRS 391.021, 391.032) Section 19 of this bill requires the regulations establishing these qualifications to require an applicant for a license to teach middle school, junior high school or high school to demonstrate proficiency in a field of specialization or area of concentration by successfully completing certain course work or passing a subject matter competency examination prescribed by the Department. Sections 19, 20, 22 and 25.5 of this bill revise provisions governing initial licensure for teachers and educational personnel from other states who obtain a reciprocal license.
Section 23.3 of this bill transfers, from the State Board to the Commission on Professional Standards in Education, responsibility for prescribing standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or perform other educational functions. Sections 23.5 and 25.7 of this bill make conforming changes.
Existing law requires the board of trustees of each school district and the governing body of each charter school to ensure that teachers and administrators have access to certain professional development training. (NRS 391A.370) Section 31.7 of this bill requires the State Board to adopt regulations prescribing standards for the professional development training provided to teachers and administrators employed by a school district or charter school. Section 33.2 of this bill requires the State Board to consider the findings and recommendations made by the Advisory Task Force on Educator Professional Development when adopting such regulations.
Existing law requires the board of trustees of each school district to submit an annual report that includes certain information regarding professional development for the immediately preceding year. (NRS 391A.205) Section 31.5 of this bill requires the State Board to prescribe by regulation the contents of this report.
Existing law creates regional training programs for the professional development of teachers and administrators and requires the governing body of each regional training program to submit an annual report. (NRS 391A.190) Section 31.3 of this bill requires this report to evaluate whether the training included certain standards of content and performance, curriculum, instruction and pedagogy. Section 31.3 also requires the information reported by the regional training program to be aggregated for each regional training program and disaggregated by each school district served by the program.
Section 33.5 of this bill repeals a provision requiring the Superintendent of Public Instruction to file with the clerk of the board of trustees of each school district a directory of all teachers and other educational personnel who are entitled to draw salaries from the county school district fund. Section 1.5 of this bill makes a conforming change.
κ2017 Statutes of Nevada, Page 2108 (CHAPTER 341, AB 77)κ
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 385.610 is hereby amended to read as follows:
385.610 1. The Superintendent of Public Instruction shall establish an Advisory Council on Parental Involvement and Family Engagement. The Advisory Council is composed of 11 members.
2. The Superintendent of Public Instruction shall appoint the following members to the Advisory Council:
(a) Two parents or legal guardians of pupils enrolled in public schools;
(b) Two teachers in public schools;
(c) One administrator of a public school;
(d) One representative of a private business or industry;
(e) One member of the board of trustees of a school district in a county whose population is 100,000 or more;
(f) One member of the board of trustees of a school district in a county whose population is less than 100,000; and
(g) One member who is the President of the Board of Managers of the Nevada Parent Teacher Association or its successor organization, or a designee nominated by the President.
Κ The Superintendent of Public Instruction shall, to the extent practicable, ensure that the members the Superintendent appoints to the Advisory Council reflect the ethnic, economic and geographic diversity of this State.
3. The Speaker of the Assembly shall appoint one member of the Assembly to the Advisory Council.
4. The Majority Leader of the Senate shall appoint one member of the Senate to the Advisory Council.
5. The Advisory Council shall elect a Chair and Vice Chair from among its members. The Chair and Vice Chair serve a term of 1 year.
6. After the initial terms:
(a) The term of each member of the Advisory Council who is appointed by the Superintendent of Public Instruction is 3 years.
(b) The term of each member of the Advisory Council who is appointed by the Speaker of the Assembly and the Majority Leader of the Senate is 2 years.
7. The Department shall provide:
(a) Administrative support to the Advisory Council; and
(b) All information that is necessary for the Advisory Council to carry out its duties.
8. For each day or portion of a day during which a member of the Advisory Council who is a Legislator attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council, except during a regular or special session of the Legislature, the member 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.
κ2017 Statutes of Nevada, Page 2109 (CHAPTER 341, AB 77)κ
Κ The compensation, per diem allowances and travel expenses of the legislative members of the Advisory Council must be paid from the Legislative Fund.
9. A member of the Advisory Council who is not a Legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which the member attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council. The per diem allowance and travel expenses for the members of the Advisory Council who are not Legislators must be paid by the Department.
10. Any costs associated with employing a substitute teacher while a member of the Advisory Council who is a teacher attends a meeting of the Advisory Council must be paid by the school district or charter school that employs the member.
Sec. 1.5. NRS 387.310 is hereby amended to read as follows:
387.310 1. Except as otherwise provided by the board of trustees, the clerk of the board shall draw all orders for the payment of money belonging to the school district. The orders must be listed on cumulative voucher sheets.
2. The board of trustees shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed. The procedures must provide:
(a) That the approval of the board of trustees is required before orders are paid unless a payment must be expedited for the school district to:
(1) Receive a discount or other savings which is related to the timeliness of payment;
(2) Avoid a service charge or other cost which is related to the timeliness of payment; or
(3) Abide by a purchase order, contract or other order for payment which has been approved by the board of trustees at a public meeting.
(b) For ratification by the board of trustees at its next regularly scheduled meeting of any payment that is made without the approval of the board pursuant to an exception set forth in paragraph (a).
3. When the orders have been approved and the cumulative voucher sheets have been signed in accordance with such procedures, the orders are valid vouchers in the hands of the county auditor for the county auditor to issue warrants on the county treasurer to be paid out of money belonging to the school district.
4. No order in favor of the board of trustees or any member thereof, except for salaries as required by NRS 386.320 or travel expenses and subsistence as authorized by NRS 386.290, may be drawn.
5. [No order for salary for any teacher may be drawn unless the teacher is included in the directory of teachers supplied to the clerk of the board of trustees pursuant to the provisions of NRS 391.045.
6.] An order drawn by a clerk of a board of trustees pursuant to subsection 1 is void if not presented for payment within 1 year after the date of issuance.
[7.] 6. Any order remaining unpaid after the expiration of 1 year, whether outstanding or uncalled for in the office of the county auditor, must be cancelled by the county auditor, who shall immediately notify the county treasurer of the cancellation. The county treasurer shall not pay a warrant presented for payment more than 1 year after the date of issuance of such an order.
κ2017 Statutes of Nevada, Page 2110 (CHAPTER 341, AB 77)κ
order. This subsection does not apply if the board of trustees establishes and administers a separate account pursuant to NRS 354.603.
Sec. 1.7. NRS 388.409 is hereby amended to read as follows:
388.409 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 masters degree to teach English as a second language or an endorsement 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.
(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.
κ2017 Statutes of Nevada, Page 2111 (CHAPTER 341, AB 77)κ
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 members 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 members 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 NRS 388.411.
9. The Department shall provide administrative support to the English Mastery Council.
Sec. 2. Chapter 388A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3. As used in sections 3 to 8, inclusive, of this act, arrest has the meaning ascribed to it in NRS 171.104.
Sec. 4. 1. The Department shall adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving teachers and administrators who are employed by a charter school but are not licensed pursuant to chapter 391 of NRS. The procedure must include, without limitation:
(a) The method by which the administrative head of a charter school must notify the Department in a timely manner of the arrest of such an employee if:
(1) The act for which the employee is arrested:
(I) May be a ground for the suspension or revocation of a persons license pursuant to NRS 391.330; and
(II) Is not excluded by the Department from the notification requirements of this section; and
(2) The charter school has knowledge of the arrest.
(b) The method by which the administrative head of a charter school must notify the Department in a timely manner of:
(1) Each action, if any, taken against the employee by the charter school after the arrest; and
(2) The conviction of the employee, if the employee is convicted of the act for which he or she was arrested.
(c) The steps the Department must follow in response to the receipt of notice pursuant to this section, including, without limitation, the preparation of a separate file on the employee for the documentation and monitoring of the status of the case.
κ2017 Statutes of Nevada, Page 2112 (CHAPTER 341, AB 77)κ
2. Each file that is maintained on an employee pursuant to subsection 1 must include, without limitation:
(a) The date on which the employee was arrested and the date on which the Department received notice of the arrest from the charter school;
(b) The reason why the employee was arrested;
(c) The steps taken by the Department in response to all notices received by the Department from a charter school pursuant to subsection 1; and
(d) The final resolution of the case and the date of resolution.
3. If the Department maintains a file on an employee pursuant to this section and the employee is not convicted of an offense, the file and any related documents must not be made a part of that employees permanent employment record.
4. The Department may prescribe a fee to be assessed against a charter school for the costs incurred by the Department for tracking and monitoring the status of a criminal case in accordance with the requirements prescribed pursuant to this section. Any fee prescribed pursuant to this section must be calculated to produce the revenue estimated to cover the costs related to tracking and monitoring the status of a criminal case, but the amount of the fee for tracking and monitoring the status of a criminal case must not exceed the actual cost to the Department of tracking and monitoring the status of the criminal case.
Sec. 5. The governing body of each charter school shall adopt a policy which requires a person who is employed by the charter school as a teacher or administrator but who is not licensed pursuant to chapter 391 of NRS to report to the charter school if the employee is arrested for or convicted of a crime. The policy must include, without limitation, an identification of:
1. The crimes for which an arrest or conviction must be reported;
2. The person to whom the report must be made; and
3. The time period after the arrest or conviction in which the report must be made.
Sec. 6. The administrative head of each charter school shall submit all information required by the Department pursuant to section 4 of this act within the period prescribed by the Department.
Sec. 7. Immunity from civil or criminal liability extends to every person who, pursuant to sections 3 to 8, inclusive, of this act, in good faith:
1. Participates in the making of a report;
2. Causes or conducts an investigation of a person who is employed by the charter school as a teacher or administrator who is not licensed pursuant to chapter 391 of NRS and who is arrested; or
3. Submits information to the Department concerning a person who is employed by the charter school as a teacher or administrator, who is not licensed pursuant to chapter 391 of NRS and who is arrested.
Sec. 8. The governing body of a charter school shall terminate the employment of any teacher or administrator who is employed by the charter school but is not licensed pursuant to chapter 391 of NRS upon his or her conviction of a:
1. Felony or crime involving moral turpitude; or
2. Sex offense pursuant to NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560.
κ2017 Statutes of Nevada, Page 2113 (CHAPTER 341, AB 77)κ
Sec. 9. NRS 388A.515 is hereby amended to read as follows:
388A.515 1. Each applicant for employment with a charter school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the governing body of the charter school a complete set of the applicants fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
2. If the reports on the criminal history of an applicant indicate that the applicant has not been convicted of a [felony or an offense involving moral turpitude,] crime listed in section 8 of this act, the governing body of the charter school may employ the applicant.
3. If a report on the criminal history of an applicant indicates that the applicant has been convicted of a felony or an offense involving moral turpitude and the governing body of the charter school does not disqualify the applicant from further consideration of employment on the basis of that report, the governing body shall, upon the written authorization of the applicant, forward a copy of the report to the Superintendent of Public Instruction. If the applicant refuses to provide his or her written authorization to forward a copy of the report pursuant to this subsection, the charter school shall not employ the applicant.
4. [The] Not later than 15 days after receiving a report on the criminal history of an applicant, the Superintendent of Public Instruction or the Superintendents designee shall [promptly] review the report to determine whether the conviction of the applicant is related or unrelated to the position with the charter school for which the applicant has applied. If the applicant desires employment with the charter school, the applicant shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendents designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendents designee shall provide written notice of the determination to the applicant and to the governing body of the charter school.
5. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant is related to the position with the charter school for which the applicant has applied, the governing body of the charter school shall not employ the applicant. If the Superintendent of Public Instruction or the Superintendents designee determines that the conviction of the applicant is unrelated to the position with the charter school for which the applicant has applied, the governing body of the charter school may employ the applicant for that position.
Sec. 10. NRS 388A.524 is hereby amended to read as follows:
388A.524 1. A charter school shall not employ a person pursuant to NRS 388A.518 or 388A.521 if the persons license to teach or provide other educational services has been revoked or suspended in this State or another state.
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2. [On or before November 15 of each year, a] A charter school shall annually, on or before the date prescribed by the Superintendent of Public Instruction, submit to the Department, in a format prescribed by the Superintendent of Public Instruction, the following information for each person who is licensed pursuant to chapter 391 of NRS and who is employed by the governing body [on October 1 of] during that year:
(a) The amount of salary or compensation of the licensed person, including, without limitation, verification of compliance with subsection 2 of NRS 388A.521, if applicable to that person; and
(b) The designated assignment, as that term is defined by the Department, of the licensed person.
Sec. 11. NRS 388A.533 is hereby amended to read as follows:
388A.533 1. All employees of a charter school shall be deemed public employees.
2. [The] Except as otherwise provided in section 8 of this act, the governing body of a charter school may make all decisions concerning the terms and conditions of employment with the charter school and any other matter relating to employment with the charter school. In addition, the governing body may make all employment decisions with regard to its employees pursuant to NRS 391.650 to 391.830, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.
3. Upon the request of the governing body of a charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.
Sec. 12. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. 1. The Department may charge and collect a fee of $50 to review information pertaining to and provide feedback concerning a persons qualifications for a license to teach or perform other educational functions, including, without limitation, records from a college or other educational institution and scores on examinations administered pursuant to the regulations adopted by the Commission, before the person applies for such a license. Except as otherwise provided in subsection 4, the money received from the fee collected pursuant to this section must be deposited with the State Treasurer for credit to the appropriate account of the Department.
2. Upon submission and payment of the fee prescribed pursuant to subsection 1, the Department shall review the information submitted pursuant to that subsection and provide feedback to a person concerning whether the information submitted by the person is indicative of whether the person appears to satisfy all or some of the requirements for the issuance of a license and, if so, the kind of license for which it appears the person may satisfy the requirements.
3. The submission of information pursuant to subsection 1 or any feedback provided by the Department pursuant to subsection 2 is not a substitute for the application process prescribed by NRS 391.033 and does not confer upon any person a right to the issuance of a license.
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substitute for the application process prescribed by NRS 391.033 and does not confer upon any person a right to the issuance of a license.
4. If the Department determines from the information submitted pursuant to subsection 1 that the person satisfies the requirements for the issuance of a license, the fee prescribed pursuant to subsection 1 must be applied toward the fee prescribed for the initial issuance of a license by the Commission pursuant to NRS 391.040.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 391.011 is hereby amended to read as follows:
391.011 1. The Commission on Professional Standards in Education, consisting of [nine] eleven members appointed by the Governor, is hereby created.
2. [Four] Five members of the Commission must be teachers who teach in the classroom as follows:
(a) One who holds a license to teach secondary education and teaches in a secondary school.
(b) One who holds a license to teach middle school or junior high school education and teaches in a middle school or junior high school.
(c) One who holds a license to teach elementary education and teaches in an elementary school.
(d) One who holds a license to teach special education and teaches special education.
(e) One who holds a license to teach pupils in a program of early childhood education and teaches in a program of early childhood education.
3. The remaining members of the Commission must include:
(a) One school counselor , [or] psychologist , speech-language pathologist, audiologist, or social worker who is licensed pursuant to chapter 391 of NRS and employed by a school district [.] or charter school.
(b) Two administrators of schools [, at least one of whom must be] who are employed by a [principal of a school.] school district or charter school to provide administrative service at an individual school. Such administrators must not provide service at the district level.
(c) The dean of the College of Education at one of the universities in the Nevada System of Higher Education, or a representative of one of the Colleges of Education nominated by such a dean for appointment by the Governor.
(d) One member who is [a representative] the parent or legal guardian of [the general] a pupil enrolled in a public [.] school.
(e) One member who has expertise and experience in the operation of a business.
4. [The appointments of a counselor, the administrators and three] Three of the [four teachers] five appointments made pursuant to subsection 2 must be made from a list of names of at least three persons for each position that is submitted to the Governor [:
(a) For the counselor and teachers,] by an employee organization representing the majority of [counselors and the majority of] teachers in the State [of Nevada] who teach in the educational level from which the appointment is being made . [; or
(b) For administrators, by an organization of administrators for schools in which the majority of administrators of schools in this State have membership.]
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5. [One member] The appointment made pursuant to:
(a) Paragraph (a) of subsection 3 must be made from a list of names of at least three persons that is submitted to the [Commission who is a teacher, administrator, counselor or psychologist must be employed by a private school licensed pursuant to chapter 394 of NRS.] Governor by an employee organization representing the majority of school counselors, psychologists, speech-language pathologists, audiologists or social workers in this State who are not administrators.
(b) Paragraph (b) of subsection 3 must be made from a list of names of at least three persons for each position that is submitted to the Governor by the organization of administrators for schools in which the majority of administrators of schools in this State have membership.
(c) Paragraph (d) of subsection 3 must be made from a list of names of persons submitted to the Governor by the Nevada Parent Teacher Association or its successor organization.
Sec. 16. NRS 391.013 is hereby amended to read as follows:
391.013 No member of the Commission [who is a teacher, counselor, administrator or representative of the general public] may serve more than two terms.
Sec. 17. NRS 391.015 is hereby amended to read as follows:
391.015 1. The Commission shall annually elect one of its members as President [,] and one of its members as Vice President, to serve at the pleasure of the Commission.
2. The Superintendent of Public Instruction or the Superintendents designee shall serve as the nonvoting Secretary to the Commission. The Secretary shall coordinate the activities of the Commission.
Sec. 18. NRS 391.017 is hereby amended to read as follows:
391.017 1. The Commission may meet at least once each month.
2. A majority of the Commission constitutes a quorum for the transaction of business.
3. The members of the Commission are entitled to the travel expenses and subsistence allowances provided by law for state officers and employees generally while attending meetings of the Commission.
4. Any costs associated with employing a substitute teacher while a member of the Commission who is a teacher attends a meeting of the Commission must be:
(a) Paid by the school district or charter school that employs the member; or
(b) Reimbursed to the school district or charter school that employs the member by the organization that submitted the name of the member to the Governor for appointment pursuant to paragraph (a), (b) or (c) of subsection 5 of NRS 391.011.
Sec. 19. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:
(a) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations:
(1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education.
κ2017 Statutes of Nevada, Page 2117 (CHAPTER 341, AB 77)κ
any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:
(I) Establish the requirements for approval as a qualified provider;
(II) Require a qualified provider to be selective in its acceptance of students;
(III) Require a qualified provider to provide supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;
(IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;
(V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;
(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and
(VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.
(2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
(3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.
(b) Identifying fields of specialization in teaching which require the specialized training of teachers.
(c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization, including, without limitation, an endorsement to teach English as a second language based upon the recommendations of the English Mastery Council pursuant to NRS 388.411.
(d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.
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(f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:
(1) Provide instruction or other educational services; and
(2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.
(g) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelors degree, a masters degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:
(1) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or
(2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.
Κ An applicant for licensure pursuant to this paragraph who holds a bachelors degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicants employment as a teacher with a school district or charter school.
(h) Requiring an applicant for a special qualifications license to:
(1) Pass each examination required by subsection 1 of NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or
(2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelors degree, masters degree or doctoral degree held by the applicant.
(i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelors degree, masters degree or doctoral degree held by that person.
(j) Providing for the issuance and renewal of a special qualifications license to an applicant who:
(1) Holds a bachelors degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;
(2) Is not licensed to teach public school in another state;
(3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and
(4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicants employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelors degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.
Κ An applicant for licensure pursuant to this paragraph is exempt from each examination required by subsection 1 of NRS 391.021 if the applicant successfully passed the examination in another state.
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(k) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.
2. Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.
3. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
4. A person who is licensed pursuant to paragraph (g) or (j) of subsection 1:
(a) Shall comply with all applicable statutes and regulations.
(b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.
(c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.
Sec. 20. NRS 391.021 is hereby amended to read as follows:
391.021 1. Except as otherwise provided in paragraph (j) of subsection 1 of NRS 391.019 and NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The regulations adopted by the Commission must ensure that the examinations [must] test the ability of the applicant to teach and the applicants knowledge of each specific subject he or she proposes to teach. [Each] Except as otherwise provided in subsection 2, teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this subsection or any other examination for initial licensing required by the regulations adopted by the Commission.
2. Except as otherwise provided in subsection 3, in addition to the examinations for the initial licensing of teachers and other educational personnel governed by the regulations adopted by the Commission pursuant to subsection 1, an applicant for initial licensure must take and successfully pass an examination [must include] on the following subjects:
[1.] (a) The laws of Nevada relating to schools;
[2.] (b) The Constitution of the State of Nevada; and
[3.] (c) The Constitution of the United States.
[Κ]
3. The [provisions of this section do not prohibit the] Commission [from adopting] may adopt regulations [pursuant to subsection 2 of NRS 391.032 that] which provide [an exemption from the examinations for] that teachers and other educational personnel from another state [if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.]
κ2017 Statutes of Nevada, Page 2120 (CHAPTER 341, AB 77)κ
teachers and other educational personnel from another state [if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.] who obtain a reciprocal license pursuant to NRS 391.032 may obtain an exemption from the requirement to take the examination required by subsection 2.
Sec. 21. NRS 391.031 is hereby amended to read as follows:
391.031 There are the following kinds of licenses for teachers and other educational personnel in this State:
1. A license to teach pupils in a program of early childhood education, which authorizes the holder to teach in any program of early childhood education in the State.
2. A license to teach elementary education, which authorizes the holder to teach in any elementary school in the State.
[2.] 3. A license to teach middle school or junior high school education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in [grades 7, 8 and 9 at] any middle school or junior high school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.
[3.] 4. A license to teach secondary education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any secondary school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.
[4.] 5. A license to teach special education, which authorizes the holder to teach pupils with disabilities or gifted and talented pupils, or both.
[5.] 6. A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.
[6.] 7. A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the applicable regulations of the Commission adopted pursuant to paragraph (g) or (j) of subsection 1 of NRS 391.019.
Sec. 22. NRS 391.032 is hereby amended to read as follows:
391.032 1. Except as otherwise provided in NRS 391.027, the Commission shall:
(a) [Consider and may adopt] Adopt regulations which provide for the issuance of [conditional] provisional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.
(b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education. Such regulations must include, without limitation, provisions for the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the [Commission] Department determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.
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2. [The regulations adopted pursuant to paragraph (b) of subsection 1 may provide an exemption from the examinations required for initial licensure for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.
3.] A person who is issued a [conditional] provisional license must complete all courses of study and other requirements for a license in this State which is not [conditional] provisional within 3 years after the date on which a [conditional] provisional license is issued.
Sec. 23. NRS 391.033 is hereby amended to read as follows:
391.033 1. All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.
2. An application for the issuance of a license must include the social security number of the applicant.
3. Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 7 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
4. The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.
5. A license must be issued to, or renewed for, as applicable, an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:
(1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or
(2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; and
(c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.
6. If the Superintendent denies an application pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school. Such notice must not state the reasons for denial.
Sec. 23.3. NRS 391.037 is hereby amended to read as follows:
391.037 1. The [State Board] Commission shall:
(a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions.
κ2017 Statutes of Nevada, Page 2122 (CHAPTER 341, AB 77)κ
be a teacher or administrator or to perform other educational functions. The regulations prescribed pursuant to this paragraph must include, without limitation, training on how to identify a pupil who is at risk for dyslexia or related disorders.
(b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.
2. Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph (1) of paragraph (a) or paragraph (g) or (j) of subsection 1 of NRS 391.019, an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the [State Board] Commission pursuant to subsection 1.
Sec. 23.5. NRS 391.038 is hereby amended to read as follows:
391.038 1. The [State Board,] Commission, in consultation with educational institutions in this State which offer courses of study and training for the education of teachers, the board of trustees of each school district in this State and other educational personnel, shall review and evaluate a course of study and training offered by an educational institution which is designed to provide the education required for:
(a) The licensure of teachers or other educational personnel;
(b) The renewal of licenses of teachers or other educational personnel; or
(c) An endorsement in a field of specialization.
Κ If the course of study and training meets the requirements established by the [State Board,] Commission, it must be approved by the [State Board.] Commission. The [State Board] Commission shall not approve a course of study or training unless the course of study and training provides instruction, to the extent deemed necessary by the [State Board,] Commission, in the standards of content and performance prescribed by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.
2. The [State Board] Commission may review and evaluate such courses of study and training itself or may recognize a course of study and training approved by a national agency for accreditation acceptable to the [Board.] Commission.
3. The [State Board] Commission shall adopt regulations establishing fees for the review by the [Board] Commission of a course of study and training submitted to the [Board] Commission by an educational institution.
4. The [State Board,] Commission, in consultation with educational institutions in this State which offer courses of study and training for the education of teachers and other educational personnel, shall adopt regulations governing the approval by the [State Board] Commission of courses of study and training.
5. If the [State Board] Commission denies or withdraws its approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the [State Board.] Commission.
Sec. 23.7. NRS 391.039 is hereby amended to read as follows:
391.039 1. The State Board shall, on an annual basis, evaluate each provider approved by [the State Board or] the Commission to offer a course of study or training designed to qualify a person to be a teacher or administrator or to perform other educational functions, including, without limitation, a qualified provider approved by the Commission pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019 to offer an alternative route to licensure.
κ2017 Statutes of Nevada, Page 2123 (CHAPTER 341, AB 77)κ
of study or training designed to qualify a person to be a teacher or administrator or to perform other educational functions, including, without limitation, a qualified provider approved by the Commission pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019 to offer an alternative route to licensure. The evaluation must include, without limitation, for each provider, the number of persons:
(a) Who received a license pursuant to this chapter after completing the education, course of study or training offered by the provider; and
(b) Identified in paragraph (a) who are employed by a school district or a charter school in this State after receiving a license and information relating to the performance evaluations of those persons conducted by the school district or charter school. The information relating to the performance evaluations must be reported in an aggregated format and not reveal the identity of a person.
2. The Department shall post on its Internet website the evaluation conducted pursuant to subsection 1.
Sec. 24. NRS 391.040 is hereby amended to read as follows:
391.040 1. The Commission shall fix fees of not less than [$65] $100 for the:
(a) Initial issuance of a license, which must include the fees for processing the fingerprints of the applicant by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation; and
(b) Renewal of a license, which must include the fees for processing the fingerprints of the applicant for renewal by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation.
2. The fee for issuing a duplicate license is the same as for issuing the original.
3. The portion of each fee which represents the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant must be deposited with the State Treasurer for credit to the appropriate account of the Department of Public Safety. The remaining portion of the money received from the fees must be deposited with the State Treasurer for credit to the appropriate account of the Department of Education.
4. The Department of Education may waive any fee for the initial issuance of a license, the renewal of a license or the issuance of a duplicate license for an applicant or licensee who is a veteran of the Armed Forces of the United States, an applicant or licensee who is a member of the Armed Forces of the United States who is on active duty or an applicant or licensee who is the spouse of such a veteran or member of the Armed Forces of the United States.
Sec. 25. (Deleted by amendment.)
Sec. 25.5. NRS 391.090 is hereby amended to read as follows:
391.090 1. [Any] Except as otherwise provided in subsection 3, any person who is:
(a) Granted a license to teach or perform other educational functions in the public schools of Nevada, in the school conducted at the Nevada Youth Training Center, the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS or for any program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at any correctional institution in the Department of Corrections; or
κ2017 Statutes of Nevada, Page 2124 (CHAPTER 341, AB 77)κ
program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at any correctional institution in the Department of Corrections; or
(b) Charged with the duty at the Nevada Youth Training Center, the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS of giving instruction in the Constitution of the United States and the Constitution of the State of Nevada,
Κ must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the Constitution of the State of Nevada.
2. The Commission may grant a reasonable time for compliance with the terms of this section.
3. The Department may waive the requirements of subsection 1 for a person who obtains a reciprocal license pursuant to NRS 391.032.
Sec. 25.7. NRS 391.095 is hereby amended to read as follows:
391.095 1. A school district may enter into an agreement with a branch of the Nevada System of Higher Education or an accredited postsecondary educational institution which is licensed by the Commission on Postsecondary Education and which offers courses of study and training for the education of teachers which are approved or recognized by the [State Board] Commission pursuant to NRS 391.038, for the assignment of students for training purposes as student teachers, counselors or trainees in a library, or for experience in a teaching laboratory. Students so assigned within the school district for training purposes may, under the direction and supervision of a licensed teacher, instruct and supervise pupils in the school, on the school grounds or on authorized field trips. The students so assigned are employees of the school district for purposes of NRS 41.038 and 41.039, while performing such authorized duties, whether or not the duties are performed entirely in the presence of the licensed teacher.
2. As used in this section:
(a) Accredited has the meaning ascribed to it in NRS 394.006.
(b) Postsecondary educational institution has the meaning ascribed to it in NRS 394.099.
Sec. 26. NRS 391.102 is hereby amended to read as follows:
391.102 1. Notwithstanding the provisions of any collective bargaining agreement or contract of employment to the contrary, before the board of trustees of a school district may transfer a teacher or administrator who has received an evaluation designating his or her overall performance as minimally effective or ineffective to another school as a result of decreased enrollment, administrative transfer or a reduction in workforce at a public school, the board of trustees of the school district must [obtain] seek the consent of the principal of the school to which the teacher or administrator is proposed to be transferred. If such consent is not obtained, the superintendent of schools of the school district:
(a) May assign the teacher or administrator to a school within the district other than the school from which the teacher or administrator was transferred; and
(b) May assign the teacher or administrator to the school at which the principal did not consent to the transfer of the teacher or administrator.
2. The superintendent of schools of a school district shall develop and submit to the State Board a plan to address the assignment of teachers or administrators who have received evaluations designating their overall performance as minimally effective or ineffective when the consent of a principal to a transfer pursuant to subsection 1 is not obtained.
κ2017 Statutes of Nevada, Page 2125 (CHAPTER 341, AB 77)κ
performance as minimally effective or ineffective when the consent of a principal to a transfer pursuant to subsection 1 is not obtained. Such a plan must include, without limitation, a plan for any such teacher or administrator to receive assistance to help the teacher or administrator, as applicable, meet the standards for effective teaching, which may include, without limitation, peer assistance and review, participation in programs of professional development and other appropriate training.
Sec. 27. NRS 391.120 is hereby amended to read as follows:
391.120 1. Boards of trustees of the school districts in this State may employ legally qualified teachers and other licensed personnel and may determine their salaries and the length of the term of school for which they are employed. These conditions and any other conditions agreed upon by the parties must be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the employee. A copy of the contract or notice of reemployment, properly written, must be delivered to each teacher or other licensed employee not later than the opening of the term of school.
2. A board of trustees may not employ teachers or other licensed personnel for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.
3. It is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach. Except as otherwise provided in NRS 391.3015, the board of trustees shall suspend or terminate, as applicable, the employment of any teacher who fails to maintain a license issued pursuant to this chapter in force, if such a license is required for employment. Any such suspension or termination must comply with the requirements of NRS 391.301 to 391.309, inclusive.
4. [On or before November 15 of each year, the] The school district shall annually, on or before the date prescribed by the Superintendent of Public Instruction, submit to the Department, in a form prescribed by the Superintendent of Public Instruction, the following information for each licensed employee employed by the school district [on October 1 of] during that year:
(a) The amount of salary of the employee; [and]
(b) The designated assignment, as that term is defined by the Department, of the employee [.] ; and
(c) The overall performance rating of the employee as highly effective, effective, minimally effective or ineffective under the statewide performance evaluation system established by the State Board pursuant to NRS 391.465 and the criteria for making the designation.
5. Except as otherwise provided in NRS 239.0115, information submitted to the Department pursuant to paragraph (c) of subsection 4 is confidential.
Sec. 28. NRS 391.125 is hereby amended to read as follows:
391.125 1. If the board of trustees of a school district determines that a shortage of teachers exists within the school district in a particular subject area, the board of trustees may , on or before September 1 of the school year in which such a determination is made, submit a written request to the Superintendent of Public Instruction to employ persons who are licensed teachers but who do not hold an endorsement to teach in the subject area for which there is a shortage of teachers at a public school within the school district .
κ2017 Statutes of Nevada, Page 2126 (CHAPTER 341, AB 77)κ
district . [that is not rated as underperforming pursuant to the statewide system of accountability for public schools.] The Superintendent of Public Instruction may grant such a request if the Superintendent determines that a shortage of teachers exists in the subject area. If the Superintendent of Public Instruction grants a request pursuant to this subsection, a person who holds a license to teach but not an endorsement in the subject area for which the request was granted may be employed by the school district for not more than [2] 3 school years to teach in that subject area at a public school within the school district . [that is not rated as underperforming pursuant to the statewide system of accountability for public schools.]
2. If the Superintendent of Public Instruction grants a request pursuant to subsection 1, the Superintendent shall submit a written report to the Commission and the State Board that includes the name of the school district for which the request was granted and the subject area for which the request was granted. Upon receipt of such a report, the Commission shall consider whether to adopt revisions to the requirements for an endorsement in that subject area to address the shortage of teachers.
Sec. 29. NRS 391.3015 is hereby amended to read as follows:
391.3015 1. Except as otherwise provided by subsection 3, if the license of an employee lapses during a time that school is in session:
(a) The school district that employs him or her shall provide written notice to the employee of the lapse of the employees license and of the provisions of this section;
(b) The employee must not be suspended from employment for the lapsed license for a period of 90 days after the date of the notice pursuant to paragraph (a) or the end of the school year, whichever is longer; and
(c) The employees license shall be deemed valid for the period described in paragraph (b) for purposes of the employees continued employment with the school district during that period.
2. If a school district complies with subsection 1 and an employee fails to reinstate his or her license within the time prescribed in paragraph (b) of subsection 1, his or her employment shall be deemed terminated at the end of the period described in paragraph (b) of subsection 1 and the school district is not otherwise required to comply with NRS 391.301 to 391.309, inclusive.
3. The provisions of this section do not apply to an employee whose [license] :
(a) License has been suspended or revoked by the State Board pursuant to NRS 391.320 to 391.361, inclusive [.] ; or
(b) Application for renewal was denied by the Superintendent of Public Instruction pursuant to NRS 391.033.
Sec. 30. NRS 391.455 is hereby amended to read as follows:
391.455 1. There is hereby created the Teachers and Leaders Council of Nevada consisting of the following 15 members:
(a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the Council.
(b) The Chancellor of the Nevada System of Higher Education, or his or her designee, who serves as an ex officio member of the Council.
(c) Four teachers in public schools appointed by the Governor from a list of nominees submitted by the Nevada State Education Association. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.
κ2017 Statutes of Nevada, Page 2127 (CHAPTER 341, AB 77)κ
(d) Two administrators in public schools appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators and one superintendent of schools of a school district appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.
(e) Two persons who are members of boards of trustees of school districts and who are appointed by the Governor from a list of nominees submitted by the Nevada Association of School Boards.
(f) One representative of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120 appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents.
(g) One parent or legal guardian of a pupil enrolled in public school appointed by the Governor from a list of nominees submitted by the Nevada Parent Teacher Association.
(h) Two persons with expertise in the development of public policy relating to education appointed by the Superintendent of Public Instruction. The members appointed pursuant to this paragraph must not otherwise be eligible for appointment pursuant to paragraphs (a) to (g), inclusive.
2. After the initial terms, each appointed member of the Council serves a term of 3 years commencing on July 1 and may be reappointed to one additional 3-year term following his or her initial term. If any appointed member of the Council ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the appointing authority shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.
3. The Council shall, at its first meeting and annually thereafter, elect a Chair from among its members.
4. The Council shall meet at least semiannually and may meet at other times upon the call of the Chair or a majority of the members of the Council. Nine members of the Council constitute a quorum, and a quorum may exercise all the power and authority conferred on the Council.
5. Members of the Council serve without compensation, except that for each day or portion of a day during which a member of the Council attends a meeting of the Council or is otherwise engaged in the business of the Council, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. A member of the Council who is a public employee must be granted administrative leave from the members 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 members other accrued leave.
7. Any costs associated with employing a substitute teacher while a member of the Council who is a teacher attends a meeting of the Council must be:
(a) Paid by the school district or charter school that employs the member; or
(b) Reimbursed to the school district or charter school that employs the member by the organization that submitted the name of the member to the Governor for appointment pursuant to paragraph (c), (d), (e), (f) or (g) of subsection 1.
κ2017 Statutes of Nevada, Page 2128 (CHAPTER 341, AB 77)κ
8. The Department shall provide administrative support to the Council.
[8.] 9. The Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to NRS 391.460.
Sec. 30.5. Chapter 391A of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this section and NRS 391A.350 to 391A.375, inclusive, unless the context otherwise requires, professional development training has the meaning ascribed to professional development in 20 U.S.C. § 7801(42).
Sec. 31. NRS 391A.130 is hereby amended to read as follows:
391A.130 1. The Statewide Council for the Coordination of the Regional Training Programs, consisting of nine members, is hereby created. The membership of the Council consists of:
(a) The Superintendent of Public Instruction or his or her designee.
(b) One member, who is not a Legislator, appointed by the Majority Leader of the Senate.
(c) One member, who is not a Legislator, appointed by the Speaker of the Assembly.
(d) One member who is a teacher appointed by the Governor from a list of nominees submitted by the Nevada State Education Association.
(e) One member who is an administrator at a public school employed to provide administrative services at the school level and not to provide administrative services at the district level, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.
(f) One member appointed by the Governor.
(g) Three members, each of whom is a superintendent of schools, or his or her designee, appointed by the governing body of each regional training program to represent the school districts served by the regional training program.
2. In making the appointments pursuant to paragraphs (b) to (g), inclusive, of subsection 1, the appointing authorities shall consider whether the appointments provide a geographical balance between urban and rural areas of this State and represent the cultural diversity of this State.
3. The Statewide Council shall elect a Chair from among its members.
4. After the initial terms, the appointed members of the Statewide Council serve a term of 2 years, commencing on July 1 of the year of appointment. A member may not be appointed to serve more than 3 consecutive terms.
5. A vacancy on the Statewide Council must be filled for the remainder of the unexpired term in the same manner as the original appointment.
6. Members of the Statewide Council serve without salary for their service on the Council . [but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which a member attends a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council. The per diem allowance and travel expenses for:
(a)] The members who are appointed by the Majority Leader of the Senate and the Speaker of the Assembly are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which a member attends a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council.
κ2017 Statutes of Nevada, Page 2129 (CHAPTER 341, AB 77)κ
a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council. The per diem allowance and travel expenses for the members who are appointed by the Majority Leader of the Senate and the Speaker of the Assembly must be paid from the Legislative Fund.
[(b) All] To the extent that money is appropriated for this purpose, all other members of the Statewide Council are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which a member attends a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council. The per diem allowance and travel expenses for such members must be paid by the Department.
7. Any costs associated with employing a substitute teacher while a member of the Statewide Council who is a teacher attends a meeting of the Statewide Council must be:
(a) Paid by the school district or charter school that employs the member; or
(b) Reimbursed to the school district or charter school that employs the member by the organization that submitted the name of the member to the Governor for appointment pursuant to paragraph (d), (e), (f) or (g) of subsection 1.
8. The Department shall provide administrative support to the Statewide Council.
[8.] 9. The governing bodies of the regional training programs may mutually agree to expend a portion of their respective budgets to pay for any administrative support of the Statewide Council that is required in addition to that provided pursuant to subsection [7.] 8.
Sec. 31.3. NRS 391A.190 is hereby amended to read as follows:
391A.190 1. The governing body of each regional training program shall:
(a) Establish a method for the evaluation of the success of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program. The method must be consistent with the uniform procedures and criteria adopted by the Statewide Council pursuant to NRS 391A.135 [.] and the standards for professional development training adopted by the State Board pursuant to subsection 1 of NRS 391A.370.
(b) [Before] On or before September 1 of each year and before submitting the annual report pursuant to paragraph (c), submit the annual report to the Statewide Council for its review and incorporate into the annual report any revisions recommended by the Statewide Council.
(c) On or before [September] December 1 of each year, submit an annual report to the State Board, the board of trustees of each school district served by the regional training program, the Commission on Professional Standards in Education, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes [:] , without limitation:
(1) The priorities for training adopted by the governing body pursuant to NRS 391A.175.
(2) The type of training offered through the regional training program in the immediately preceding year.
(3) The number of teachers and administrators who received training through the regional training program in the immediately preceding year.
κ2017 Statutes of Nevada, Page 2130 (CHAPTER 341, AB 77)κ
(4) The number of administrators who received training pursuant to paragraph (c) of subsection 1 of NRS 391A.125 in the immediately preceding year.
(5) The number of teachers, administrators and other licensed educational personnel who received training pursuant to paragraph (d) of subsection 1 of NRS 391A.125 in the immediately preceding year.
(6) The number of teachers who received training pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 391A.125 in the immediately preceding year.
(7) The number of paraprofessionals, if any, who received training through the regional training program in the immediately preceding year.
(8) An evaluation of the [success] effectiveness of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program, in accordance with the method established pursuant to paragraph (a).
(9) An evaluation of whether the training included the:
(I) Standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;
(II) Curriculum and instruction required for the common core standards adopted by the State Board;
(III) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada created by NRS 391.455; and
(IV) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.
(10) An evaluation of the effectiveness of training on improving the quality of instruction and the achievement of pupils.
(11) A description of the gifts and grants, if any, received by the governing body in the immediately preceding year and the gifts and grants, if any, received by the Statewide Council during the immediately preceding year on behalf of the regional training program. The description must include the manner in which the gifts and grants were expended.
[(10)] (12) The 5-year plan for the regional training program prepared pursuant to NRS 391A.175 and any revisions to the plan made by the governing body in the immediately preceding year.
2. The information included in the annual report pursuant to paragraph (c) of subsection 1 must be aggregated for each regional training program and disaggregated for each school district served by the regional training program.
3. As used in this section, paraprofessional has the meaning ascribed to it in NRS 391.008.
Sec. 31.5. NRS 391A.205 is hereby amended to read as follows:
391A.205 [The]
1. On or before December 1 of each year, the board of trustees of each school district shall submit , on a form prescribed by the Department, an annual report concerning the professional development training offered by the school district to the State Board, the Commission on Professional Standards in Education, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation . [that includes for the immediately preceding year:
κ2017 Statutes of Nevada, Page 2131 (CHAPTER 341, AB 77)κ
1. The number of teachers and administrators employed by the school district who received training through the program, including, without limitation, the type of training received.]
2. [An evaluation of whether that training included the:
(a) Standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;
(b) Curriculum and instruction required for the common core standards adopted by the State Board;
(c) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and
(d) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.
3. An evaluation of the effectiveness of the training on improving the quality of instruction and the achievement of pupils.] The State Board shall prescribe by regulation the contents of the report required by subsection 1.
Sec. 31.7. NRS 391A.370 is hereby amended to read as follows:
391A.370 1. The State Board shall adopt regulations prescribing standards for the professional development training provided to teachers and administrators employed by a school district or charter school.
2. The board of trustees of each school district and the governing body of each charter school shall ensure that the teachers and administrators employed by the school district or charter school have access to high-quality, ongoing professional development training. The professional development training must meet the standards prescribed by the State Board pursuant to subsection 1 and include, without limitation, training concerning:
[1.] (a) The academic standards adopted by the State Board, including, without limitation, the academic standards for science.
[2.] (b) The academic standards and curriculum in English language development and literacy.
[3.] (c) The curriculum and instruction required for courses of study in:
[(a)] (1) Science, technology, engineering and mathematics.
[(b)] (2) English language development and literacy.
[4.] (d) The cultural competency required to meet the social, emotional and academic needs of certain categories of pupils enrolled in the school, including, without limitation, pupils who are at risk, pupils who are limited English proficient, pupils with disabilities and gifted and talented pupils.
Sec. 32. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.
κ2017 Statutes of Nevada, Page 2132 (CHAPTER 341, AB 77)κ
228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 391.120, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
κ2017 Statutes of Nevada, Page 2133 (CHAPTER 341, AB 77)κ
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 33. The Governor shall, as soon as practicable on or after July 1, 2017, appoint to the Commission on Professional Standards in Education created by NRS 391.011 the members of the Commission described in paragraph (e) of subsection 2 and paragraph (e) of subsection 3 of NRS 391.011, as amended by section 15 of this act.
Sec. 33.2. The State Board of Education shall consider the findings and recommendations made by the Advisory Task Force on Educator Professional Development created by section 3.5 of chapter 535, Statutes of Nevada 2015, at page 3699, when adopting regulations prescribing standards for the professional development training provided to teachers and administrators employed by a school district or charter school pursuant to NRS 391A.370, as amended by section 31.7 of this act.
Sec. 33.3. Notwithstanding the amendatory provisions of this act transferring the authority to adopt regulations from the State Board of Education to the Commission on Professional Standards in Education, any regulations adopted by the State Board pursuant to NRS 391.037 or 391.038 before July 1, 2017, remain in effect and may be enforced by the State Board until the Commission adopts regulations to repeal or replace those regulations.
Sec. 33.5. NRS 391.045 is hereby repealed.
Sec. 34. 1. This act becomes effective on July 1, 2017.
2. Section 1.7 of this act expires by limitation on June 30, 2019.
________
κ2017 Statutes of Nevada, Page 2134κ
Assembly Bill No. 106Assemblywoman Spiegel
CHAPTER 342
[Approved: June 4, 2017]
AN ACT relating to state governmental procurement; requiring the Administrator of the Purchasing Division of the Department of Administration to establish by regulation a program of certification of vendors who pay equal pay for equal work without regard to gender; requiring the Purchasing Division to include the certification of such a vendor in certain records; authorizing a certified vendor to include its certification in advertising and promotional materials; providing a limited bidding preference for certified vendors under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing provisions of state and federal law generally prohibit discrimination in employment on the basis of race, color, creed, sex, sexual orientation, gender identity or expression, religion, age, disability or national origin. (42 U.S.C. §§ 2000e et seq.; NRS 338.125, 613.310-613.435) In particular, an employer is generally prohibited from paying lower wages to an employee than the wages paid to an employee of the opposite sex for equal work performed under similar working conditions. (29 U.S.C. § 206(d); NRS 608.017)
Section 24 of this bill requires the Administrator of the Purchasing Division of the Department of Administration to establish by regulation a program to certify vendors that pay their employees equal pay for equal work without regard to gender. The regulations must include a method for a vendor to self-certify that it pays its employees equal pay for equal work without regard to gender. Section 25 of this bill provides that if the Administrator certifies a vendor: (1) the Purchasing Division is required to include the certification in any information concerning the vendor that the Purchasing Division maintains in its records or makes available on its Internet website; and (2) the vendor is authorized to include the certification in its advertising, marketing or other promotional materials. Section 26 of this bill provides that a vendor that makes a material misstatement or commits a fraudulent act in its self-certification may be prohibited from bidding on state contracts for up to 3 years. Section 27 of this bill requires the Administrator to submit an annual report to the Governor and the Legislature concerning the program of certification.
Existing law establishes procedures for certain purchases of supplies, materials and equipment by the State. (NRS 333.300) Section 28 of this bill gives a limited 5 percent bidders preference to bidders who are certified vendors under the program of certification established by the Administrator in cases in which the lowest submitted bids are within 5 percent of each other and none is submitted by a bidder who is resident in this State. Section 29 of this bill makes a conforming change. Section 32 of this bill provides that the program established by the Administrator pursuant to this bill expires on June 30, 2021.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-22. (Deleted by amendment.)
κ2017 Statutes of Nevada, Page 2135 (CHAPTER 342, AB 106)κ
Sec. 23. Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 29, inclusive, of this act.
Sec. 24. 1. The Administrator shall, within the limits of available resources, establish by regulation a program to certify vendors that pay their employees equal pay for equal work without regard to gender.
2. The regulations adopted pursuant to subsection 1 must include, without limitation:
(a) A method for a vendor to self-certify that the vendor pays its employees equal pay for equal work without regard to gender; and
(b) Certification by the Administrator, without review, of a vendor that fulfills the requirements for self-certification.
3. In carrying out the provisions of this section, the Administrator may cooperate and coordinate with the Office of Economic Development, created by NRS 231.043, the Nevada Equal Rights Commission created by NRS 233.030, the Nevada Commission for Women created by NRS 233I.020 and any other office, department, board, commission, agency or institution of state government that has appropriate expertise.
Sec. 25. If the Administrator certifies a vendor pursuant to the regulations adopted pursuant to section 24 of this act:
1. The Purchasing Division shall include the certification in its information concerning the vendor that it maintains in its records or makes available on the Internet website of the Purchasing Division.
2. The vendor may include the certification in its advertising, marketing or other promotional materials.
Sec. 26. 1. If the Purchasing Division determines that a vendor has made a material misrepresentation or otherwise committed a fraudulent act in self-certifying pursuant to the regulations adopted by the Administrator pursuant to section 24 of this act that the vendor pays its employees equal pay for equal work without regard to gender, the vendor may be prohibited, for not more than 3 years, from:
(a) Self-certifying that the vendor pays its employees equal pay for equal work without regard to gender; and
(b) Submitting a bid or proposal to the Purchasing Division.
2. If the Purchasing Division determines, as described in subsection 1, that a vendor has made a material misrepresentation or otherwise committed a fraudulent act in self-certifying that the vendor pays its employees equal pay for equal work without regard to gender, the vendor may apply to the Administrator to review the decision pursuant to chapter 233B of NRS.
Sec. 27. The Administrator shall, on or before October 1 of each year, prepare and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report which includes, for the immediately preceding fiscal year:
1. The number of vendors certified pursuant to the regulations adopted pursuant to section 24 of this act;
2. The number of certified vendors that submitted a bid or proposal to the Purchasing Division;
3. The number of certified vendors that were awarded a contract by the Purchasing Division; and
4. The number of certified vendors that were disciplined by the Purchasing Division pursuant to section 26 of this act.
κ2017 Statutes of Nevada, Page 2136 (CHAPTER 342, AB 106)κ
Sec. 28. NRS 333.300 is hereby amended to read as follows:
333.300 1. Except as otherwise provided in NRS 333.375, the Administrator shall give reasonable notice, by advertising and by written notice provided to persons in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.
2. All such materials, supplies and equipment, except as otherwise provided in this section, if the estimated cost thereof exceeds $50,000, must be purchased by formal contract from the lowest responsible bidder after notice inviting the submission of sealed proposals to the Administrator of the Purchasing Division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The Purchasing Division may reject any or all proposals, or may accept the proposal determined best for the interest of the State. The notice must be published as prescribed in NRS 333.310.
3. The Administrator may solicit the purchase of materials, supplies and equipment, if the estimated cost thereof is $50,000 or less, by written contract from the lowest responsible bidder if notice of the proposed purchase is provided to:
(a) At least three persons in a position to furnish the materials, supplies or equipment; and
(b) The Office of Economic Development.
4. In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the Administrator, but every effort must be made to secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.
5. [In] Except as otherwise provided in subsection 6, in awarding contracts for the purchase of supplies, materials and equipment, if two or more lowest bids are identical, the Administrator shall:
(a) If the lowest bids are by bidders resident in the State of Nevada, accept the proposal which, in the discretion of the Administrator, is in the best interests of this State.
(b) If the lowest bids are by bidders resident outside the State of Nevada:
(1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this State; or
(2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in the State of Nevada.
6. In awarding contracts for the purchase of supplies, materials and equipment, if:
(a) Two or more lowest bids are within 5 percent of each other;
(b) None is by a bidder resident in the State of Nevada; and
(c) One or more lowest bids is by a bidder who is a vendor certified by the Administrator pursuant to the regulations adopted pursuant to section 24 of this act,
Κ the bid or proposal submitted by the bidder who is a certified vendor shall be deemed to be 5 percent lower than the bid or proposal actually submitted.
κ2017 Statutes of Nevada, Page 2137 (CHAPTER 342, AB 106)κ
Sec. 29. NRS 333.340 is hereby amended to read as follows:
333.340 1. Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Administrator:
(a) Shall consider, if applicable:
(1) The granting of the preference described in NRS 333.3366.
(2) The required standards adopted pursuant to NRS 333.4611.
(3) The certification described in section 24 of this act.
(b) May consider:
(1) The location of the using agency to be supplied.
(2) The qualities of the articles to be supplied.
(3) The total cost of ownership of the articles to be supplied.
(4) Except as otherwise provided in subparagraph (5), the conformity of the articles to be supplied with the specifications.
(5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:
(I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(II) The purchase of the alternative article results in a lower price; and
(III) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(6) The purposes for which the articles to be supplied are required.
(7) The dates of delivery of the articles to be supplied.
2. If a contract or an order is not awarded to the lowest bidder, the Administrator shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him or her.
3. As used in this section, total cost of ownership includes, but is not limited to:
(a) The history of maintenance or repair of the articles;
(b) The cost of routine maintenance and repair of the articles;
(c) Any warranties provided in connection with the articles;
(d) The cost of replacement parts for the articles; and
(e) The value of the articles as used articles when given in trade on a subsequent purchase.
Sec. 30. The provisions of this act do not apply to any contract that is advertised, bid, offered or awarded before January 1, 2018.
Sec. 31. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 32. This act:
1. Becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2018, for all other purposes.
2. Expires by limitation on June 30, 2021.
________
κ2017 Statutes of Nevada, Page 2138κ
Assembly Bill No. 320Assemblymen Frierson and Fumo
CHAPTER 343
[Approved: June 4, 2017]
AN ACT relating to education; revising provisions relating to pupil data as a component of the statewide performance evaluation system for employees; requiring certain educational personnel to develop learning goals for pupils to measure pupil growth; providing for a review of the statewide performance evaluation system and the manner in which a school carries out certain evaluations; increasing the percentage of an evaluation of certain educational personnel that is based on pupil growth; revising the manner in which such evaluations are conducted; revising provisions relating to the number of evaluations that certain educational personnel are required to receive; revising provisions relating to the Teachers and Leaders Council; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Education to adopt regulations establishing a statewide performance evaluation system for evaluating the performance of certain employees. (NRS 391.465) Section 1.1 of this bill requires each teacher, principal, vice principal and other administrator who provides direct instructional services to pupils at a school to develop learning goals for such pupils. Section 1.1 requires the Department of Education to establish a list of assessments that may be used by a school or school district to measure the achievement of these learning goals. Section 1.1 also requires: (1) the board of trustees of each school district to ensure that the learning goals measure pupil growth in accordance with the criteria established by regulation of the State Board; and (2) that each teacher and administrator who establishes learning goals be evaluated in accordance with the criteria established by the State Board to determine the extent to which the learning goals of the pupils were achieved.
Existing law requires the statewide performance evaluation system to: (1) require that an employees overall performance be determined to be highly effective, effective, minimally effective or ineffective; and (2) include a process for peer evaluation of teachers. (NRS 391.465) Section 2 of this bill: (1) removes the term minimally effective and replaces it with the term developing; and (2) changes the term peer evaluation to peer observation. Sections 1, 1.5 and 3.5-5.7 of this bill make conforming changes. Section 2 also provides that an administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.
Existing law generally requires the statewide performance evaluation system to include a requirement that pupil achievement data account for at least 40 percent of an evaluation and that such data be derived both from statewide examinations and assessments and certain assessments approved by the board of trustees of a school district. (NRS 391.465) Section 2 instead requires pupil growth, as determined pursuant to section 1.1, to account for this portion of the evaluation. Section 5.9 of this bill provides that, for the 2017-2018 school year, pupil growth must account for 20 percent of the evaluation of a teacher or administrator.
Section 1.2 of this bill requires the: (1) State Board to annually review the statewide performance evaluation system to ensure accuracy and reliability; and (2) board of trustees of each school district to annually review the manner in which a school in the school district carries out the evaluation of teachers and administrators pursuant to the statewide performance evaluation system.
κ2017 Statutes of Nevada, Page 2139 (CHAPTER 343, AB 320)κ
pursuant to the statewide performance evaluation system. Section 1.2 also authorizes the Department to review the manner in which the statewide performance evaluation system is carried out by each school district.
Existing law establishes the Teachers and Leaders Council of Nevada and prescribes the membership of the Council. (NRS 391.455) Section 1.3 of this bill adds an additional member to the Council, who must be a school counselor, psychologist, speech-language pathologist, audiologist or social worker.
Existing law requires each postprobationary teacher or administrator who receives an evaluation designating his or her overall performance as effective or highly effective to receive one evaluation in the next school year. (NRS 391.690, 391.710) Sections 4 and 5 of this bill instead require a postprobationary teacher or administrator who receives an evaluation designating his or her overall performance as highly effective for 2 consecutive school years to: (1) participate in one observation cycle in the school year immediately following the school year in which the postprobationary teacher or administrator receives a second consecutive evaluation designating his or her performance as highly effective and; (2) receive one evaluation in the school year immediately following the school year in which the postprobationary teacher or administrator participated in the observation cycle.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 and 1.2 of this act.
Sec. 1.1. 1. Each teacher at a school in a school district shall, in consultation with the principal of the school at which the teacher is employed or other administrator who is assigned by the principal, develop learning goals for the pupils of the teacher for a specified period.
2. Each principal, vice principal and other administrator who provides direct instructional services to pupils at a school in a school district shall, in consultation with his or her direct supervisor, develop learning goals for the pupils at the school where the principal, vice principal or other administrator, as applicable, is employed for a specified period.
3. The Department shall establish a list of assessments that may be used by a school or school district to measure the achievement of learning goals established pursuant to this section.
4. The board of trustees of each school district shall ensure that the learning goals for pupils established pursuant to this section measure pupil growth in accordance with the criteria established by regulation of the State Board.
5. Each teacher and administrator who establishes learning goals for pupils pursuant to this section must be evaluated at the end of the specified period to determine the extent to which the learning goals of the pupils were achieved. Such an evaluation must be conducted in accordance with the criteria established by regulation of the State Board for determining the level of pupil growth for the purposes of the statewide performance evaluation system. The State Board may establish by regulation the manner in which to include certain categories of pupils in the evaluation conducted pursuant to this subsection.
κ2017 Statutes of Nevada, Page 2140 (CHAPTER 343, AB 320)κ
Sec. 1.2. 1. The State Board shall annually review the statewide performance evaluation system to ensure accuracy and reliability. Such a review must include, without limitation, an analysis of the:
(a) Number and percentage of teachers and administrators who receive each designation identified in paragraph (a) of subsection 2 of NRS 391.465 in each school, school district, and the State as a whole;
(b) Data used to evaluate pupil growth in each school, school district and the State as a whole, including, without limitation, any observations; and
(c) Effect of the evaluations conducted pursuant to the statewide system of accountability for public schools on the academic performance of pupils enrolled in the school district in each school and school district, and the State as a whole.
2. The board of trustees of each school district shall annually review the manner in which schools in the school district carry out the evaluation of teachers and administrators pursuant to the statewide performance evaluation system.
3. The Department may review the manner in which the statewide performance evaluation system is carried out by each school district, including, without limitation, the manner in which the learning goals for pupils are established and evaluated pursuant to section 1.1 of this act.
Sec. 1.25. NRS 391.102 is hereby amended to read as follows:
391.102 1. Notwithstanding the provisions of any collective bargaining agreement or contract of employment to the contrary, before the board of trustees of a school district may transfer a teacher or administrator who has received an evaluation designating his or her overall performance as [minimally effective] developing or ineffective to another school as a result of decreased enrollment, administrative transfer or a reduction in workforce at a public school, the board of trustees of the school district must obtain the consent of the principal of the school to which the teacher or administrator is proposed to be transferred. If such consent is not obtained, the superintendent of schools of the school district:
(a) May assign the teacher or administrator to a school within the district other than the school from which the teacher or administrator was transferred; and
(b) May assign the teacher or administrator to the school at which the principal did not consent to the transfer of the teacher or administrator.
2. The superintendent of schools of a school district shall develop a plan to address the assignment of teachers or administrators who have received evaluations designating their overall performance as [minimally effective] developing or ineffective when the consent of a principal to a transfer pursuant to subsection 1 is not obtained. Such a plan must include, without limitation, a plan for any such teacher or administrator to receive assistance to help the teacher or administrator, as applicable, meet the standards for effective teaching, which may include, without limitation, peer assistance and review, participation in programs of professional development and other appropriate training.
Sec. 1.28. NRS 391.450 is hereby amended to read as follows:
391.450 As used in NRS 391.450 to 391.470, inclusive, and sections 1.1 and 1.2 of this act, Council means the Teachers and Leaders Council of Nevada created by NRS 391.455.
κ2017 Statutes of Nevada, Page 2141 (CHAPTER 343, AB 320)κ
Sec. 1.3. NRS 391.455 is hereby amended to read as follows:
391.455 1. There is hereby created the Teachers and Leaders Council of Nevada consisting of the following [15] 16 members:
(a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the Council.
(b) The Chancellor of the Nevada System of Higher Education, or his or her designee, who serves as an ex officio member of the Council.
(c) Four teachers in public schools appointed by the Governor from a list of nominees submitted by the Nevada State Education Association. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.
(d) One school counselor, psychologist, speech-language pathologist, audiologist or social worker who is licensed pursuant to chapter 391 of NRS appointed by the Governor from a list of nominees submitted by the Nevada State Education Association. The persons nominated pursuant to this paragraph must represent the geographical diversity of school districts in this State.
(e) Two administrators in public schools appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators and one superintendent of schools of a school district appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.
[(e)] (f) Two persons who are members of boards of trustees of school districts and who are appointed by the Governor from a list of nominees submitted by the Nevada Association of School Boards.
[(f)] (g) One representative of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120 appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents.
[(g)] (h) One parent or legal guardian of a pupil enrolled in public school appointed by the Governor from a list of nominees submitted by the Nevada Parent Teacher Association.
[(h)] (i) Two persons with expertise in the development of public policy relating to education appointed by the Superintendent of Public Instruction. The members appointed pursuant to this paragraph must not otherwise be eligible for appointment pursuant to paragraphs (a) to [(g),] (h), inclusive.
2. After the initial terms, each appointed member of the Council serves a term of 3 years commencing on July 1 and may be reappointed to one additional 3-year term following his or her initial term. If any appointed member of the Council ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the appointing authority shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.
3. The Council shall, at its first meeting and annually thereafter, elect a Chair from among its members.
4. The Council shall meet at least semiannually and may meet at other times upon the call of the Chair or a majority of the members of the Council. Nine members of the Council constitute a quorum, and a quorum may exercise all the power and authority conferred on the Council.
κ2017 Statutes of Nevada, Page 2142 (CHAPTER 343, AB 320)κ
5. Members of the Council serve without compensation, except that for each day or portion of a day during which a member of the Council attends a meeting of the Council or is otherwise engaged in the business of the Council, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. A member of the Council who is a public employee must be granted administrative leave from the members 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 members other accrued leave.
7. The Department shall provide administrative support to the Council.
8. The Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to NRS 391.460.
Sec. 1.5. NRS 391.460 is hereby amended to read as follows:
391.460 1. The Council shall:
(a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level and administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal are:
(1) Evaluated using multiple, fair, timely, rigorous and valid methods, which includes evaluations based upon pupil [achievement data] growth as required by NRS 391.465;
(2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and
(3) Provided with the means to share effective educational methods with other teachers and administrators throughout this State.
(b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.
(c) Consider the role of professional standards for teachers and administrators to which paragraph (a) applies and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.
(d) Develop and recommend to the State Board a process for peer [evaluations] observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.
2. The performance evaluation system recommended by the Council must ensure that:
(a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers and administrators; and
(b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.
κ2017 Statutes of Nevada, Page 2143 (CHAPTER 343, AB 320)κ
3. The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.
4. The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.
Sec. 2. NRS 391.465 is hereby amended to read as follows:
391.465 1. The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employees performance. Except as otherwise provided in subsection 4, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.
2. The statewide performance evaluation system must:
(a) Require that an employees overall performance is determined to be:
(1) Highly effective;
(2) Effective;
(3) [Minimally effective;] Developing; or
(4) Ineffective.
(b) Include the criteria for making each designation identified in paragraph (a).
(c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil [achievement data] growth, as determined pursuant to section 1.1 of this act, account for [at least] 40 percent of the evaluation.
(d) [Except as otherwise provided in subsection 3, prescribe the pupil achievement data that must be used as part of the evaluation system pursuant to paragraph (c) which must require that:
(1) Pupil achievement data derived from statewide examinations and assessments must account for at least 20 percent of the evaluation of a teacher or administrator, as applicable; and
(2) Pupil achievement data derived from assessments approved by the board of trustees of a school district that employs the teacher or administrator, as applicable, must account for at least 20 percent of the evaluation.
(e)] Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.
[(f)] (e) Include a process for peer [evaluations] observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer reviews pursuant to the process.
κ2017 Statutes of Nevada, Page 2144 (CHAPTER 343, AB 320)κ
3. [The State Board shall, by regulation, designate the assessments that may be used by a school district to determine pupil achievement pursuant to subparagraph (2) of paragraph (d) of subsection 2. The board of trustees of a school district may select one or more of the assessments designated by the State Board to determine pupil achievement, or the board of trustees may apply to the Superintendent of Public Instruction for approval to use a different assessment to determine pupil achievement.
4.] A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.
4. An administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.
Sec. 3. NRS 391.470 is hereby amended to read as follows:
391.470 On or before August 1 of each year, the board of trustees of each school district shall submit a report to the State Board and the Teachers and Leaders Council of Nevada created by NRS 391.455 concerning the implementation and effectiveness of the process for peer evaluations of teachers set forth in the regulations adopted by the State Board pursuant to paragraph [(f)] (e) of subsection 2 of NRS 391.465, including, without limitation, any recommendations for revisions to the process of peer [evaluations.] observations.
Sec. 3.5. NRS 391.685 is hereby amended to read as follows:
391.685 1. A probationary teacher must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled observations of the teacher during the first school year of his or her probationary period as follows:
(a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;
(b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and
(c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.
2. If a probationary teacher receives an evaluation designating his or her overall performance as effective or highly effective:
(a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observations of the teacher which must occur within the times specified in paragraphs (b) and (c) of subsection 1.
(b) During the first and second school years of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation of the teacher which must occur within 120 days after the first day of instruction of the school year.
κ2017 Statutes of Nevada, Page 2145 (CHAPTER 343, AB 320)κ
3. If a probationary teacher receives an evaluation designating his or her overall performance as [minimally effective] developing or ineffective during the first or second school year of the probationary period, the probationary teacher must receive one evaluation during the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1.
Sec. 4. NRS 391.690 is hereby amended to read as follows:
391.690 1. If a postprobationary teacher receives an evaluation designating his or her overall performance as [minimally effective] developing or ineffective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.685. If a postprobationary teacher receives evidence from the first two observations during the school year indicating that, unless his or her performance improves, his or her overall performance may be rated as [minimally effective] developing or ineffective on the evaluation, the postprobationary teacher may request that the third observation be conducted by another administrator. If a postprobationary teacher requests that his or her third observation be conducted by another administrator, that administrator must be:
(a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and
(b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.
2. If a postprobationary teacher receives an evaluation designating his or her overall performance as effective [or] , the postprobationary teacher must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation, which must occur within 120 days after the first day of instruction of the school year.
3. If a postprobationary teacher receives an evaluation designating his or her overall performance as highly effective [,] for 2 consecutive school years, the postprobationary teacher must [receive] :
(a) Participate in one observation cycle in the school year immediately following the school year in which the postprobationary teacher receives a second consecutive evaluation designating his or her performance as highly effective; and
(b) Receive one evaluation in the [immediately succeeding] school year [.] immediately following the school year in which the postprobationary teacher participated in the observation cycle pursuant to paragraph (a). The evaluation must be based in part upon at least one scheduled observation , which must occur within 120 days after the first day of instruction of [the] that school year.
Sec. 4.5. NRS 391.705 is hereby amended to read as follows:
391.705 1. A probationary administrator must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled observations of the probationary administrator during the first school year of his or her probationary period which must occur as follows:
κ2017 Statutes of Nevada, Page 2146 (CHAPTER 343, AB 320)κ
(a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;
(b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and
(c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.
2. If a probationary administrator receives an evaluation designating his or her overall performance as effective or highly effective:
(a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observations of the administrator which must occur within the times specified in paragraphs (b) and (c) of subsection 1.
(b) During the first and second school year of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation of the administrator which must occur within 120 days after the first day of instruction of the school year.
3. If a probationary administrator receives an evaluation designating his or her overall performance as [minimally effective] developing or ineffective during the first or second school year of the probationary period, the probationary administrator must receive one evaluation during the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1.
4. Each probationary administrator is subject to the provisions of NRS 391.725 and 391.820.
Sec. 5. NRS 391.710 is hereby amended to read as follows:
391.710 1. If a postprobationary administrator receives an evaluation designating his or her overall performance as [minimally effective] developing or ineffective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.705. If a postprobationary administrator receives evidence from the first two observations indicating that, unless his or her performance improves, his or her overall performance may be rated as [minimally effective] developing or ineffective on the evaluation, the postprobationary administrator may request that the third observation be conducted by another administrator. If a postprobationary administrator requests that his or her third observation be conducted by another administrator, that administrator must be:
(a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and
(b) Selected by the postprobationary administrator from a list of three candidates submitted by the superintendent.
2. If a postprobationary administrator receives an evaluation designating his or her overall performance as effective [or] , the postprobationary administrator must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation, which must occur within 120 days after the first day of instruction of the school year.
κ2017 Statutes of Nevada, Page 2147 (CHAPTER 343, AB 320)κ
3. If a postprobationary administrator receives an evaluation designating his or her overall performance as highly effective [,] for 2 consecutive school years, the postprobationary administrator must [receive] :
(a) Participate in one observation cycle in the school year immediately following the school year in which the postprobationary administrator receives a second consecutive evaluation designating his or her performance as highly effective; and
(b) Receive one evaluation in the [immediately succeeding] school year [.] immediately following the school year in which the postprobationary administrator participated in the observation cycle pursuant to paragraph (a). The evaluation must be based in part upon at least one scheduled observation , which must occur within 120 days after the first day of instruction of [the] that school year.
Sec. 5.3. NRS 391.725 is hereby amended to read as follows:
391.725 1. If a written evaluation of a probationary teacher, or a probationary administrator who provides primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, designates the overall performance of the teacher or administrator as [minimally effective] developing or ineffective:
(a) The written evaluation must include the following statement: Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive a [minimally effective] developing or ineffective evaluation on the first or second evaluation, or both evaluations for this school year, you may request that the third evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in improving your performance based upon the recommendations reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in improving your performance.
(b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).
2. If a probationary teacher or probationary administrator to which subsection 1 applies requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:
(a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and
(b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.
3. If a probationary teacher or probationary administrator to which subsection 1 applies requests assistance in improving performance reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in improving his or her performance.
Sec. 5.5. NRS 391.730 is hereby amended to read as follows:
391.730 Except as otherwise provided in NRS 391.825, a postprobationary employee who receives an evaluation designating his or her overall performance as:
κ2017 Statutes of Nevada, Page 2148 (CHAPTER 343, AB 320)κ
1. [Minimally effective;] Developing;
2. Ineffective; or
3. [Minimally effective] Developing during 1 year of the 2-year consecutive period and ineffective during the other year of the period,
Κ for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.650 to 391.830, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.820.
Sec. 5.7. NRS 288.151 is hereby amended to read as follows:
288.151 Notwithstanding the provisions of any collective bargaining agreement or contract of employment to the contrary:
1. Except as otherwise provided in subsections 2 to 6, inclusive, if the board of trustees of a school district determines that a reduction in the existing workforce of the licensed educational personnel in the school district is necessary, the decision to lay off a teacher or an administrator must be based solely on the overall performance of the teacher or administrator under the statewide performance evaluation system adopted by the State Board pursuant to NRS 391.465. When determining the manner in which to reduce the existing workforce, the board of trustees of a school district must lay off a teacher or administrator whose overall performance has been determined to be:
(a) Ineffective, before laying off a teacher or administrator whose overall performance has been determined to be [minimally effective,] developing, effective or highly effective;
(b) [Minimally effective,] Developing, before laying off a teacher or administrator whose overall performance has been determined to be effective or highly effective; and
(c) Effective, before laying off a teacher or administrator whose overall performance has been determined to be highly effective.
2. Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of the licensed educational personnel in a school district beyond that made pursuant to subsection 1 is necessary, the board of trustees must lay off a teacher or administrator whose employment record includes:
(a) A criminal record that resulted in the suspension of the teacher or administrator; or
(b) Disciplinary action that resulted in the suspension of the teacher or administrator and that was uncontested or has been finally adjudicated;
Κ before laying off a teacher or administrator whose employment record does not include such a record or disciplinary action.
3. The board of trustees shall lay off teachers or administrators whose employment records include disciplinary actions that resulted in the suspension of the teacher or administrator pursuant to subsection 2 in the order of severity of the disciplinary action, with those employees whose employment record includes more severe disciplinary action being laid off first.
4. Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of licensed educational personnel beyond that made pursuant to subsection 2 is necessary, the decision to lay off a teacher or administrator must be based on the following factors:
κ2017 Statutes of Nevada, Page 2149 (CHAPTER 343, AB 320)κ
(a) Whether the teacher or administrator is employed in a position which is hard to fill;
(b) Whether the teacher or administrator has received a national board certification;
(c) The type of licensure held by the teacher or administrator; and
(d) The type of degree attained by the teacher or administrator and whether the degree is in a subject area that is related to his or her position.
5. If, after consideration of the factors described in subsections 1 to 4, inclusive, two or more teachers or administrators are similarly situated, the board of trustees of the school district may give preference to the more senior teacher or administrator.
6. The board of trustees of a school district is not required to take the actions described in subsections 1 to 4, inclusive, with regard to a teacher who teaches in a school in the district in a subject area for which there is a shortage of teachers, which may include, without limitation, science, technology, engineering, mathematics, special education and English as a second language.
Sec. 5.9. Notwithstanding the provisions of paragraph (c) of subsection 2 of NRS 391.465, as amended by section 2 of this act, for the 2017-2018 school year, pupil growth, as determined pursuant to section 1.1 of this act, must account for 20 percent of the evaluation of an employee pursuant to that section.
Sec. 6. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 447Committee on Education
CHAPTER 344
[Approved: June 4, 2017]
AN ACT relating to education; extending the duration of the Victory schools program; requiring the Department of Education to consult with the board of trustees of a school district when designating Victory schools; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 78th Session of the Nevada Legislature (2015), the Legislature passed the Victory Schools Act, which provided for the distribution of money during the 2015-2017 biennium to certain underperforming public schools designated as Victory schools. (Chapter 389, Statutes of Nevada 2015, p. 2197) This bill continues the program in effect for the 2017-2019 biennium. This bill also requires the Department to consult with the board of trustees of a school district when designating Victory schools.
κ2017 Statutes of Nevada, Page 2150 (CHAPTER 344, AB 447)κ
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. Section 2 of the Victory Schools Act, being chapter 389, Statutes of Nevada 2015, at page 2199, is hereby amended to read as follows:
Sec. 2. 1. The Department of Education shall , in consultation with the board of trustees of a school district, designate a public school as a Victory school if, relative to other public schools, including charter schools, that are located in the school district in which the school is also located:
(a) A high percentage of pupils enrolled in the school live in households that have household incomes that are less than the federally designated level signifying poverty, based on the most recent data compiled by the Bureau of the Census of the United States Department of Commerce; and
(b) The school received one of the two lowest possible ratings indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools, for the immediately preceding school year.
Κ The designation of a public school as a Victory school pursuant to this subsection must be made in consultation with the board of trustees of the school district in which the prospective Victory school is located.
2. The Department shall designate each Victory school for the [2015-2016] 2017-2018 Fiscal Year on or before June 1, [2015.] 2017.
3. The Department shall transfer money from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 to each school district in which a Victory school is designated and each sponsor of a charter school that is designated as a Victory school on a per pupil basis. The amount distributed per pupil must be determined by dividing the amount of money appropriated to the Account by the [2015] 2017 Legislature for Victory schools by the total number of pupils who are enrolled in Victory schools statewide. After receiving money from the Account pursuant to this subsection:
(a) A school district shall distribute the money to each Victory school in the school district on a per pupil basis.
(b) A sponsor of a charter school shall distribute the money to each Victory school that it sponsors on a per pupil basis.
4. The board of trustees of each school district in which a Victory school is located and the governing body of each charter school that is designated as a Victory school shall, as soon as practicable after the school is designated as a Victory school, conduct an assessment of the needs of pupils that attend the school. The assessment must include soliciting input from the community served by the Victory school and identify any barriers to improving pupil achievement and school performance and strategies to meet the needs of pupils at the school.
κ2017 Statutes of Nevada, Page 2151 (CHAPTER 344, AB 447)κ
5. Except as otherwise provided in subsection 7, on or before August 15, [2015,] 2017, the board of trustees of each school district in which a Victory school is designated for the [2015-2016] 2017-2018 Fiscal Year and the governing body of each charter school that is designated as a Victory school for the [2015-2016] 2017-2018 Fiscal Year shall submit to the Department a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school. The board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall select at least one person who is familiar with the public schools in the school district or with the charter school, respectively, to assist with the development of the plan. The plan must:
(a) Include appropriate means to determine the effectiveness of the plan;
(b) Be based on the assessment of the needs of the pupils who attend the school conducted pursuant to subsection 4;
(c) Analyze available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and other pupil achievement data collected and maintained by the school district or charter school;
(d) Include a description of the criteria used to select entities to provide programs and services to pupils enrolled in the Victory school;
(e) Include a description of the manner in which the school district or governing body will collaborate with selected entities so that academic programs and services and nonacademic programs and services, including, without limitation, transportation services, may be offered without charge to support pupils and their families within the region in which the school is located;
(f) Take into account the number and types of pupils who attend the school and the locations where such pupils reside;
(g) Provide for the coordination of the existing or planned engagement of other persons who provide services in the region in which the school is located;
(h) Coordinate all funding available to each school that is subject to the plan;
(i) Provide for the coordination of all available resources to each school that is subject to the plan, including, without limitation, instructional materials and textbooks;
(j) Identify, for each school or group of schools subject to the plan, which of the measures described in subsection 8 will be implemented; and
(k) Identify the person or persons selected pursuant to this subsection who assisted with the development of the plan.
6. The Department shall review each plan submitted pursuant to subsection 5 to determine whether, or the extent to which, the plan complies with the requirements of this section and either approve or request revisions to the plan.
7. If the board of trustees of a school district in which a Victory school is designated or the governing body of a charter school that is designated as a Victory school does not submit a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school on or before August 15, [2015,] 2017, as required pursuant to subsection 5, the board of trustees of the school district or the governing body of the charter school, as applicable, may submit to the Department a letter of intent to meet the educational needs of pupils enrolled in each Victory school.
κ2017 Statutes of Nevada, Page 2152 (CHAPTER 344, AB 447)κ
designated as a Victory school does not submit a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school on or before August 15, [2015,] 2017, as required pursuant to subsection 5, the board of trustees of the school district or the governing body of the charter school, as applicable, may submit to the Department a letter of intent to meet the educational needs of pupils enrolled in each Victory school. The letter must include, without limitation:
(a) An initial assessment of the needs of the pupils who attend the school which is conducted pursuant to subsection 4;
(b) An analysis of available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and data collected and maintained by the school district or charter school; and
(c) A summary of activities that the board of trustees or governing body, as applicable, will take to ensure completion of the comprehensive plan required pursuant to subsection 5 by not later than September 15, [2015.] 2017.
8. A Victory school shall use the majority of the money distributed pursuant to subsection 3 to provide one or more of the following:
(a) A prekindergarten program free of charge, if such a program is not paid for by another grant.
(b) [An expansion of full-day kindergarten classes, if such classes have not otherwise been paid for through legislative appropriation.
(c)] A summer academy or other instruction for pupils free of charge at times during the year when school is not in session.
[(d)] (c) Additional instruction or other learning opportunities free of charge at times of day when school is not in session.
[(e)] (d) Professional development for teachers and other educational personnel concerning instructional practices and strategies that have proven to be an effective means to increase pupil achievement in populations of pupils similar to those served by the school.
[(f)] (e) Incentives for hiring and retaining teachers and other licensed educational personnel who provide any of the programs or services set forth in this subsection from the list prescribed by the State Board of Education pursuant to subsection 14.
[(g)] (f) Employment of paraprofessionals, other educational personnel and other persons who provide any of the programs or services set forth in this subsection.
[(h)] (g) Reading skills centers.
(h) Integrated student supports, wrap-around services and evidence-based programs designed to meet the needs of pupils who attend the school, as determined using the assessment conducted pursuant to subsection 4.
9. A Victory school may use any money distributed pursuant to subsection 3 that is not used for the purposes described in subsection 8 to:
κ2017 Statutes of Nevada, Page 2153 (CHAPTER 344, AB 447)κ
(a) Provide evidence-based social, psychological or health care services to pupils and their families ; [, including, without limitation, wrap-around services;]
(b) Provide programs and services designed to engage parents and families;
(c) Provide programs to improve school climate and culture;
(d) [Provide evidence-based programs and services specifically designed to meet the needs of pupils who attend the school, as determined using the assessment conducted pursuant to subsection 4; or
(e)] If the Victory school is a high school, provide additional instruction or other learning opportunities for pupils and professional development for teachers at an elementary school, middle school or junior high school that is located within the zone of attendance of the high school and is not also designated as a Victory school; or
(e) Any combination thereof.
10. A Victory school shall not use any money distributed pursuant to subsection 3 for a purpose not described in subsection 8 or 9.
11. Any programs offered at a Victory school pursuant to subsection 8 or 9 must:
(a) [Be] Except as otherwise provided in paragraph (d) of subsection 9, be designed to meet the needs of pupils at the school, as determined using the assessment conducted pursuant to subsection 4 and to improve pupil achievement and school performance, as determined using the measures prescribed by the State Board of Education; and
(b) Be based on scientific research concerning effective practices to increase the achievement of pupils who live in poverty.
12. Each plan to improve the achievement of pupils enrolled in a Victory school that is prepared by the principal of the school pursuant to NRS 385A.650 must describe how the school will use the money distributed pursuant to subsection 3 to meet the needs of pupils who attend the school, as determined using the assessment described in subsection 4 and the requirements of this section.
13. The Department shall contract with an independent evaluator to evaluate the effectiveness of programs and services provided pursuant to this section. The evaluation must include, without limitation, consideration of the achievement of pupils who have participated in such programs and received such services. When complete, the evaluation must be provided contemporaneously to the Department and the Legislative Committee on Education.
14. The State Board of Education shall prescribe a list of recruitment and retention incentives that are available to the school districts and sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel.
15. The State Board shall require a Victory school to take corrective action if pupil achievement and school performance at the school are unsatisfactory, as determined by the State Board. If unsatisfactory pupil achievement and school performance continue, the State Board may direct the Department to withhold any additional money that would otherwise be distributed pursuant to this section.
κ2017 Statutes of Nevada, Page 2154 (CHAPTER 344, AB 447)κ
the State Board may direct the Department to withhold any additional money that would otherwise be distributed pursuant to this section.
16. On or before November 30, 2016, and November 30, 2017, or, in the case of a Victory school designated for the 2017-2018 Fiscal Year, on or before November 30, 2018, and November 30, 2019, the board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall submit to the Department and to the Legislative Committee on Education a report, which must include, without limitation:
(a) An identification of schools to which money was distributed pursuant to subsection 3 for the previous fiscal year;
(b) The amount of money distributed to each such school;
(c) A description of the programs or services for which the money was used;
(d) The number of pupils who participated in such programs or received such services;
(e) The average expenditure per pupil for each program or service that was funded; and
(f) Recommendations concerning the manner in which the average expenditure per pupil reported pursuant to paragraph (e) may be used to determine formulas for allocating money from the State Distributive School Account in the State General Fund.
17. The Legislative Committee on Education shall consider the evaluations of the independent evaluator received pursuant to subsection 13 and the reports received pursuant to subsection 16 and advise the State Board regarding any action the Committee determines appropriate for the State Board to take based upon that information. The Committee shall also make any recommendations it deems appropriate concerning Victory schools to the next regular session of the Legislature which may include, without limitation, recommendations for legislation.
18. The money distributed pursuant to subsection 3:
(a) Must be accounted for separately from any other money received by Victory schools and used only for the purposes specified in this section;
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
19. Upon request of the Legislative Commission, a Victory school to which money is distributed pursuant to subsection 3 shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of such money.
20. As used in this section:
(a) Community includes any person or governmental entity who resides or has a significant presence in the geographic area in which a school is located or who interacts with pupils and personnel at a school, and may include, without limitation, parents, businesses, nonprofit organizations, faith-based organizations, community groups, teachers, administrators and governmental entities.
κ2017 Statutes of Nevada, Page 2155 (CHAPTER 344, AB 447)κ
which a school is located or who interacts with pupils and personnel at a school, and may include, without limitation, parents, businesses, nonprofit organizations, faith-based organizations, community groups, teachers, administrators and governmental entities.
(b) [Evidence-based programs and services means practices, interventions and services that have been proven, through scientifically based research, as defined in 20 U.S.C. § 7801(37), to be effective in improving outcomes for pupils when implemented with fidelity.] Integrated student supports means supports developed, secured or coordinated by a school to promote the academic success of pupils enrolled in the school by targeting academic and nonacademic barriers to pupil achievement.
(c) Victory school means a school that is so designated by the Department pursuant to subsection 1.
(d) Wrap-around services means supplemental services provided to a pupil with special needs or the family of such a pupil that are not otherwise covered by any federal or state program of assistance.
Sec. 2. This act becomes effective:
1. Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of the act; and
2. On July 1, 2017, for all other purposes.
________
Assembly Bill No. 161Assemblyman Flores
CHAPTER 345
[Approved: June 4, 2017]
AN ACT relating to real property; requiring certain rental agreements to contain certain disclosures; creating certain presumptions with respect to certain crimes involving real property; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain requirements relating to a written rental agreement. (NRS 118A.200) Section 1 of this bill requires a written rental agreement for a single-family residence, unless signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management, to contain a disclosure which states that: (1) there are rebuttable presumptions in sections 1.3 and 1.7 of this bill that the tenant does not have lawful occupancy of the residence unless the agreement is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management and contains certain contact information for the landlord or the landlords representative; and (2) the agreement is valid and enforceable regardless of whether the agreement is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management or contains certain contact information for the landlord or the landlords representative.
κ2017 Statutes of Nevada, Page 2156 (CHAPTER 345, AB 161)κ
Sections 1.3 and 1.7 of this bill create rebuttable presumptions that a person who forcibly enters or takes up residence in an uninhabited or vacant dwelling knows that his or her entry or residency is without permission of the owner or the owners representative unless he or she provides a written rental agreement that is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management and contains certain contact information for the owner or the owners representative.
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 118A.200 is hereby amended to read as follows:
118A.200 1. Any written agreement for the use and occupancy of a dwelling unit or premises must be signed by the landlord or his or her agent and the tenant or his or her agent.
2. The landlord shall provide one copy of any written agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time. The landlord may charge a reasonable fee for providing the additional copies.
3. Any written rental agreement must contain, but is not limited to, provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent and the manner and time of its payment.
(c) Occupancy by children or pets.
(d) Services included with the dwelling rental.
(e) Fees which are required and the purposes for which they are required.
(f) Deposits which are required and the conditions for their refund.
(g) Charges which may be required for late or partial payment of rent or for return of any dishonored check.
(h) Inspection rights of the landlord.
(i) A listing of persons or numbers of persons who are to occupy the dwelling.
(j) Respective responsibilities of the landlord and the tenant as to the payment of utility charges.
(k) A signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant.
(l) A summary of the provisions of NRS 202.470.
(m) Information regarding the procedure pursuant to which a tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or regulation.
(n) Information regarding the right of the tenant to engage in the display of the flag of the United States, as set forth in NRS 118A.325.
4. In addition to the provisions required by subsection 3, any written rental agreement for a single-family residence which is not signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS must contain a disclosure at the top of the first page of the agreement, in a font size at least two times larger than any other font size in the agreement, which states that:
κ2017 Statutes of Nevada, Page 2157 (CHAPTER 345, AB 161)κ
(a) There are rebuttable presumptions in NRS 205.0813 and 205.0817 that the tenant does not have lawful occupancy of the dwelling unless the agreement:
(1) Is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and
(2) Includes the current address and telephone number of the landlord or his or her authorized representative; and
(b) The agreement is valid and enforceable against the landlord and the tenant regardless of whether the agreement:
(1) Is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; or
(2) Includes the current address and telephone number of the landlord or his or her authorized representative.
5. The absence of a written agreement raises a disputable presumption that:
(a) There are no restrictions on occupancy by children or pets.
(b) Maintenance and waste removal services are provided without charge to the tenant.
(c) No charges for partial or late payments of rent or for dishonored checks are paid by the tenant.
(d) Other than normal wear, the premises will be returned in the same condition as when the tenancy began.
[5.] 6. It is unlawful for a landlord or any person authorized to enter into a rental agreement on his or her behalf to use any written agreement which does not conform to the provisions of this section, and any provision in an agreement which contravenes the provisions of this section is void.
7. As used in this section, single-family residence means a structures that is comprised of not more than four units. The term does not include a manufactured home as defined in NRS 118B.015.
Sec. 1.3. NRS 205.0813 is hereby amended to read as follows:
205.0813 1. A person who forcibly enters an uninhabited or vacant dwelling, knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner and has the intent to take up residence or provide a residency to another therein is guilty of housebreaking.
2. A person is presumed to know that an entry described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:
(a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and
(b) Includes the current address and telephone number of the owner or his or her authorized representative.
3. A person convicted of housebreaking is guilty of:
(a) For a first offense, a gross misdemeanor; and
(b) For a second and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
κ2017 Statutes of Nevada, Page 2158 (CHAPTER 345, AB 161)κ
[3.] 4. A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking must not be released on probation or granted a suspension of sentence.
[4.] 5. As used in this section, forcibly enters means an entry involving:
(a) Any act of physical force resulting in damage to the structure; or
(b) The changing or manipulation of a lock to gain access.
Sec. 1.7. NRS 205.0817 is hereby amended to read as follows:
205.0817 1. A person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy.
2. A person is presumed to know that the residency described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:
(a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and
(b) Includes the current address and telephone number of the owner or his or her authorized representative.
3. A person convicted of unlawful occupancy is guilty of a gross misdemeanor. A person convicted of unlawful occupancy and who has been convicted three or more times of unlawful occupancy is guilty of a category D felony and shall be punished as provided in NRS 193.130.
[3.] 4. A person who is accused of unlawful occupancy pursuant to subsection 1 and has previously been convicted two times of housebreaking, unlawful occupancy or any lesser included or related offense, or any combination thereof, arising from the same set of facts is presumed to have obtained residency of the dwelling with the knowledge that:
(a) Any asserted lease is invalid; and
(b) Neither the owner nor an authorized representative of the owner permitted the residency.
Sec. 2. This act becomes effective on July 1, 2017.
________
κ2017 Statutes of Nevada, Page 2159κ
Assembly Bill No. 234Assemblymen Fumo, Watkins, Frierson, Carrillo, Yeager; Araujo, Brooks, Cohen, Daly, Flores, Hambrick, Jauregui, Joiner, McCurdy II, Miller, Monroe-Moreno, Ohrenschall, Pickard, Spiegel, Sprinkle and Thompson
Joint Sponsors: Senators Ford and Woodhouse
CHAPTER 346
[Approved: June 4, 2017]
AN ACT relating to motor carriers; requiring certain motor carriers of passengers which transport certain persons with disabilities to ensure that each vehicle used for the transport is equipped with first-aid equipment and to provide each driver of the vehicle training in first aid and cardiopulmonary resuscitation; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, common motor carriers of passengers and contract motor carriers of passengers are subject to supervision and regulation by the Nevada Transportation Authority, with some exceptions. (NRS 706.166)
Section 1 of this bill requires a common motor carrier of passengers, contract motor carrier of passengers and any other person or entity, other than a taxicab motor carrier, providing a means of public conveyance and transportation operating in this State and which transports for compensation certain persons with disabilities, commonly referred to as paratransit services, to ensure that: (1) each vehicle used in the transport is equipped with a first-aid kit; and (2) each driver of a vehicle used for the transport receives training in first aid and cardiopulmonary resuscitation. Section 1 also requires the carrier, person or entity to: (1) provide the training in first aid and cardiopulmonary resuscitation or arrange for its provision for the driver; (2) pay for the training; and (3) compensate each driver for the time spent receiving the training. Section 1 provides an exemption from these requirements for a taxicab motor carrier or a transportation network company which provides paratransit services under a contract with any entity required to provide such services. Existing law makes a violation of this requirement a misdemeanor. (NRS 706.756) Sections 2-5 of this bill make conforming changes.
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 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a common motor carrier of passengers, contract motor carrier of passengers or other person or entity providing a means of public conveyance and transportation operating within this State which, pursuant to the requirements of 49 C.F.R. § 37.121, transports for compensation within this State persons with disabilities who are eligible pursuant to 49 C.F.R. § 37.123 for the transportation shall ensure that:
κ2017 Statutes of Nevada, Page 2160 (CHAPTER 346, AB 234)κ
(a) Each vehicle used for the transport is equipped with a first-aid kit; and
(b) Each driver of a vehicle used for the transport receives training in the use and administration of first aid and cardiopulmonary resuscitation that is conducted in accordance with the standards of the American Heart Association, the American Red Cross or any similar organization that includes certification in:
(1) First aid; and
(2) Cardiopulmonary resuscitation.
2. A common motor carrier of passengers, contract motor carrier of passengers or other person or entity who employs a driver required to receive the training required pursuant to paragraph (b) of subsection 1 must:
(a) Provide the training or arrange for its provision for the driver;
(b) Pay for the training; and
(c) Compensate each driver who receives the training at his or her regular rate of pay for the time the driver spent attending the training.
3. The provisions of this section do not apply to a taxicab motor carrier or transportation network company as defined in NRS 706A.050, who undertakes the transportation described in subsection 1 under a contract with an entity required by 49 C.F.R. § 37.121 to provide such transportation.
Sec. 2. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 706.156 is hereby amended to read as follows:
706.156 1. All common and contract motor carriers and brokers are hereby declared to be, to the extent provided in this chapter:
(a) Affected with a public interest; and
(b) Subject to NRS 706.011 to 706.791, inclusive [.] , and section 1 of this act.
2. A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The Authority shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that persons affiliation, or lack of affiliation, with any group.
Sec. 4. NRS 706.745 is hereby amended to read as follows:
706.745 1. The provisions of NRS 706.386 and 706.421 do not apply to:
(a) Ambulances;
(b) Hearses; or
(c) Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.27495.
κ2017 Statutes of Nevada, Page 2161 (CHAPTER 346, AB 234)κ
2. A common motor carrier that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of:
(a) Regular routes and fixed schedules;
(b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176 if the transportation is available upon request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.
3. Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:
(a) The public entity shall provide for any required safety inspections; or
(b) If the public entity is unable to do so, the Authority shall provide for any required safety inspections.
4. In addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:
(a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.
(b) Paragraph (c) or (d) of subsection 2, the common motor carrier:
(1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.
(2) [Shall] Except as otherwise provided in section 1 of this act, shall not offer medical assistance as part of its transportation service.
5. In a county whose population:
(a) Is less than 700,000, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.
(b) Is 700,000 or more, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but:
(1) Only if the nonprofit carrier:
(I) Does not charge for transportation services;
(II) Provides transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.27495; or
(III) Enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission; and
(2) Such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.
κ2017 Statutes of Nevada, Page 2162 (CHAPTER 346, AB 234)κ
6. An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.
7. Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:
(a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or
(b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.
Sec. 5. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;
(d) Fails to obey any order, decision or regulation of the Authority or the Department;
(e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;
(f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;
(g) Advertises as providing:
(1) The services of a fully regulated carrier; or
(2) Towing services,
Κ without including the number of the persons certificate of public convenience and necessity or contract carriers permit in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;
κ2017 Statutes of Nevada, Page 2163 (CHAPTER 346, AB 234)κ
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
(m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,
Κ is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:
(a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
(b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.
3. Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.
4. If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.
5. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
6. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 6. (Deleted by amendment.)
Sec. 7. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8. This act becomes effective on January 1, 2020.
________
κ2017 Statutes of Nevada, Page 2164κ
Assembly Bill No. 321Assemblymen Swank; Araujo, Bustamante Adams, Carlton, Carrillo, Daly, Fumo, Jauregui, Watkins and Yeager
CHAPTER 347
[Approved: June 4, 2017]
AN ACT relating to local government; authorizing the board of county commissioners of a county and the city council or governing body of an incorporated city to adopt an ordinance requiring certain hosting platforms and owners and lessees of property who use hosting platforms to submit quarterly reports to the county or city; prescribing the contents of such a report; authorizing the issuance of a subpoena to a hosting platform, owner or lessee for the production of certain documents, records or materials; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill authorizes the board of county commissioners of a county or the city council or governing body of an incorporated city to adopt an ordinance requiring the submission of quarterly reports by: (1) an online hosting platform that facilitates the rental of a residential unit or a room or space within a residential unit for the purposes of transient lodging; and (2) certain owners or lessees of residential units which use hosting platforms to facilitate such rentals. Under this bill, the quarterly report must include certain information concerning the rentals facilitated by the hosting platform in the county or city, as applicable, and the revenue from such rentals. This bill further requires the ordinance to authorize an agency of the county or city, as applicable, to issue a subpoena requiring a hosting platform, owner or lessee to produce documents, records or materials necessary for determining whether a rental of a residential unit or a room or space within a residential unit has violated the laws of this State or an ordinance adopted by the county or city in which the residential unit is located.
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 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of county commissioners may adopt an ordinance requiring:
(a) A hosting platform that facilitates the rental of a residential unit in the county or a room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the county of the information required by subsection 2 that is collected by the hosting platform.
(b) An owner or lessee which uses a hosting platform that facilitates the rental of a residential unit in the county or a room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the county of any information required by subsection 2 regarding the rental that is not collected by the hosting platform.
2. The report required by subsection 1 must state, for the quarter:
κ2017 Statutes of Nevada, Page 2165 (CHAPTER 347, AB 321)κ
(a) The number of bookings, listings, owners and lessees for the county;
(b) The average number of bookings per listing for the county;
(c) Current year-to-date booking value for the county;
(d) Current year-to-date revenue collected from all rentals through the hosting platform in the county, disaggregated by owner or lessee; and
(e) The average length of a rental in the county.
3. An ordinance adopted pursuant to subsection 1 must authorize an agency of the county to issue subpoenas for the production of documents, records or materials relevant for determining whether a residential unit in the county or a room or space within such a residential unit has been rented in violation of any law of this State or an ordinance adopted by the board of county commissioners of the county. The ordinance must provide that such a subpoena may be issued only if:
(a) There is evidence sufficient to support a reasonable belief that a residential unit in the county or a room or space within such a residential unit has been rented or is being rented in violation of any law of this State or an ordinance adopted by the board of county commissioners of the county;
(b) The subpoena identifies the rental alleged to be in violation of any law of this State or an ordinance adopted by the board of county commissioners of the county and the provision of law or ordinance allegedly violated.
Κ A subpoena issued pursuant to the ordinance must be mailed by regular and certified mail to the hosting platform or, if applicable, the owner or lessee who was required to file a quarterly report regarding the rental pursuant to the ordinance.
4. An ordinance adopted pursuant to subsection 1 must require:
(a) A hosting platform to whom a subpoena has been issued pursuant to the ordinance to:
(1) Provide notice of the subpoena to the user of the hosting platform who provided the rental identified in the subpoena.
(2) Produce any subpoenaed books, papers or documents not later than 21 days after providing the notice required by subparagraph (1) unless otherwise ordered by a court.
(b) An owner or lessee of a rental to whom a subpoena has been issued pursuant to the ordinance to produce any subpoenaed books, papers or documents not later than 21 days after the issuance of the subpoena, unless otherwise ordered by a court.
5. If a person to whom a subpoena has been issued pursuant to an ordinance adopted pursuant to subsection 1 refuses to produce any document, record or material that the subpoena requires, the agency of the county issuing the subpoena may apply to the district court for the judicial district in which the county is located for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.
6. As used in this section:
(a) Hosting platform means a person who, for a fee or other charge, provides on an Internet website an online platform that facilitates the rental of a residential unit or a room or space within a residential unit by an owner or lessee of the residential unit for the purposes of transient lodging, including, without limitation, through advertising, matchmaking or other means.
κ2017 Statutes of Nevada, Page 2166 (CHAPTER 347, AB 321)κ
(b) Residential unit means a single-family residence or an individual residential unit within a larger building, including, without limitation, an apartment, condominium, townhouse or duplex. The term does not include a timeshare or other property subject to the provisions of chapter 119A of NRS.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The city council or other governing body of an incorporated city may adopt an ordinance requiring:
(a) A hosting platform that facilitates the rental of a residential unit in the incorporated city or a room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the incorporated city of the information required by subsection 2 that is collected by the hosting platform.
(b) An owner or lessee which uses a hosting platform that facilitates the rental of a residential unit in the county or a room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the incorporated city of any information required by subsection 2 regarding the rental that is not collected by the hosting platform.
2. The report required by subsection 1 must state, for the quarter:
(a) The number of bookings, listings, owners and lessees for the incorporated city;
(b) The average number of bookings per listing for the incorporated city;
(c) Current year-to-date booking value for the incorporated city;
(d) Current year-to-date revenue collected from all rentals through the hosting platform in the incorporated city, disaggregated by owner or lessee; and
(e) The average length of a rental in the incorporated city.
3. An ordinance adopted pursuant to subsection 1 must authorize an agency of the incorporated city to issue subpoenas for the production of documents, records or materials relevant for determining whether a residential unit in the incorporated city or a room or space within such a residential unit has been rented in violation of any law of this State or an ordinance adopted by the city council or governing body of the incorporated city. The ordinance must provide that such a subpoena may be issued only if:
(a) There is evidence sufficient to support a reasonable belief that a residential unit in the incorporated city or a room or space within a residential unit has been rented or is being rented in violation of any law of this State or an ordinance adopted by the city council or governing body of the incorporated city;
(b) The subpoena identifies the rental alleged to be in violation of any law of this State or an ordinance adopted by the city council or governing body of the incorporated city and the provision of law or ordinance allegedly violated.
Κ A subpoena issued pursuant to the ordinance must be mailed by regular and certified mail to the hosting platform or, if applicable, the owner or lessee who was required to file a quarterly report regarding the rental pursuant to the ordinance.
κ2017 Statutes of Nevada, Page 2167 (CHAPTER 347, AB 321)κ
4. An ordinance adopted pursuant to subsection 1 must require:
(a) A hosting platform to whom a subpoena has been issued to:
(1) Provide notice of the subpoena to the user of the hosting platform who provided the rental identified in the subpoena.
(2) Produce any subpoenaed books, papers or documents not later than 21 days after providing the notice required by subparagraph (1) unless otherwise ordered by a court.
(b) An owner or lessee of a rental to whom a subpoena has been issued pursuant to the ordinance to produce any subpoenaed books, papers or documents not later than 21 days after the issuance of the subpoena, unless otherwise ordered by a court.
5. If a person to whom a subpoena has been issued pursuant to an ordinance adopted pursuant to subsection 1 refuses to produce any document, record or material that the subpoena requires, the agency of the incorporated city issuing the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.
6. As used in this section:
(a) Hosting platform means a person who, for a fee or other charge, provides on an Internet website an online platform that facilitates the rental of a residential unit or a room or space within a residential unit by an owner or lessee of the residential unit for the purposes of transient lodging, including, without limitation, through advertising, matchmaking or other means.
(b) Residential unit means a single-family residence or an individual residential unit within a larger building, including, without limitation, an apartment, condominium, townhouse or duplex. The term does not include a timeshare or other property subject to the provisions of chapter 119A of NRS.
Sec. 3. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 418Committee on Legislative Operations and Elections
CHAPTER 348
[Approved: June 4, 2017]
AN ACT relating to elections; providing that a voter may not be compelled to reveal under oath how he or she voted at any election; providing for the inspection during a contested election of certain records printed on paper of ballots voted by using a mechanical recording device; revising the method of counting ballots during a recount of an election; amending provisions specifying grounds upon which any election may be contested; and providing other matters properly relating thereto.
κ2017 Statutes of Nevada, Page 2168 (CHAPTER 348, AB 418)κ
Legislative Counsels Digest:
Under existing law, in certain proceedings, a person has a privilege to refuse to disclose the tenor of his or her vote at an election unless the vote was cast illegally. (NRS 47.020, 49.315; Thomas v. Hardwick, 126 Nev. 142, 146 n.4 (2010) (noting that under the privilege for voters recognized by NRS 49.315, potential jurors cannot be required to disclose how they voted on a particular ballot question)) Section 1 of this bill supplements the privilege for voters recognized by existing law and provides that, in addition to the right to claim the privilege for voters recognized by existing law in applicable proceedings, a voter who casts a vote legally at an election may not, in any other proceedings or circumstances, be compelled to reveal under oath how he or she voted at the election, and the voter has a privilege to refuse to disclose the tenor of his or her vote at the election.
Under existing law, voted ballots, rejected ballots, spoiled ballots, challenge lists, certain records printed on paper of ballots voted by using a mechanical recording device and stubs of ballots used must be deposited in the vaults of the county clerk. The voted ballots are not subject to inspection by anyone, except in cases of a contested election, and then only by the judge, body or board before whom the election is being contested or by the parties to the contest, jointly, pursuant to an order of such judge, body or board. (NRS 293.391) Section 2 of this bill clarifies that records printed on paper of ballots voted by using a mechanical recording device also are not subject to inspection by anyone, except in cases of a contested election, and then only by the judge, body or board before whom the election is being contested or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.
Under existing law, if a recount of an election in a county or city that uses a mechanical voting system is demanded, or if a recount of an election affecting more than one county is demanded, an initial recount is done of ballots from 5 percent of the total number of precincts that voted in the election, or at least three precincts that voted in the election. If the initial recount shows a discrepancy of at least 1 percent or five votes, whichever is greater, a full recount of all ballots at the election for the office or ballot question is done. (NRS 293.404) Section 3 of this bill deletes the provisions requiring the initial recount of 5 percent, or at least three, of the precincts that voted at the election. Section 3 provides instead that all recounts must include a count and inspection of all ballots. Section 3 further provides that all ballots must be recounted in the same manner in which the ballots were originally tabulated.
Section 4 of this bill amends provisions specifying grounds upon which any election may be contested. (NRS 293.410)
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 293 of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to the right to claim the privilege for voters recognized by NRS 49.315 in proceedings governed by title 4 of NRS, a voter who casts a vote legally at an election may not, in any other proceedings or circumstances, be compelled under oath to reveal how he or she voted at the election, and the voter has a privilege to refuse to disclose the tenor of his or her vote at the election.
Sec. 2. NRS 293.391 is hereby amended to read as follows:
293.391 1. The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk.
κ2017 Statutes of Nevada, Page 2169 (CHAPTER 348, AB 418)κ
NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the board of county commissioners, be sealed and deposited in the vaults of the county clerk. The tally lists collected pursuant to [NRS 293B.400] this title must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.
2. Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.
3. The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.
4. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 or 2, except the voted ballots [.] and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk.
5. The voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk are not subject to the inspection of anyone, except in cases of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.
Sec. 3. NRS 293.404 is hereby amended to read as follows:
293.404 1. Where a recount is demanded pursuant to the provisions of NRS 293.403, the:
(a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chair of the recount board unless the recount is for the office of county clerk, in which case the registrar of voters of the county, if a registrar of voters has been appointed for the county, shall act as chair of the recount board. If a registrar of voters has not been appointed for the county, the chair of the board of county commissioners, if the chair is not a candidate on the ballot, shall act as chair of the recount board. If the recount is for the office of county clerk, a registrar of voters has not been appointed for the county and the chair of the board of county commissioners is a candidate on the ballot, the chair of the board of county commissioners shall appoint another member of the board of county commissioners who is not a candidate on the ballot to act as chair of the recount board. A member of the board of county commissioners who is a candidate on the ballot may not serve as a member of the recount board.
κ2017 Statutes of Nevada, Page 2170 (CHAPTER 348, AB 418)κ
(b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chair of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city, if the mayor is not a candidate on the ballot, shall act as chair of the recount board. If the recount is for the office of city clerk and the mayor of the city is a candidate on the ballot, the mayor of the city shall appoint another member of the city council who is not a candidate on the ballot to act as chair of the recount board. A member of the city council who is a candidate on the ballot may not serve as a member of the recount board.
2. Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.
3. [Except in counties or cities using a mechanical voting system, the] The recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether [those] all ballots are marked as required by law.
[4. If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the total number of precincts for that particular office or ballot question, but in no case fewer than three precincts, after notification to each candidate for the office or the candidates authorized representative.
5. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this title and shall recount the valid ballots] All ballots must be recounted in the same manner in which the ballots were originally tabulated. [If the recount of the selected ballots for all 5 percent of the precincts selected shows a total combined discrepancy of all precincts selected equal to or greater than 1 percent or five votes, whichever is greater, for the candidate demanding the recount or the candidate who won the election according to the original canvass of the returns, or in favor of or against a ballot question, according to the original canvass of the returns, the county or city clerk, as applicable, shall determine whether the person who demanded the recount is entitled to a recount and, if so, shall order a recount of all the ballots for that office or ballot question.
6.] 4. The county or city clerk shall unseal and give to the recount board all ballots to be counted.
[7. In the case of a demand for a recount affecting more than one county, including, without limitation, a statewide office or a ballot question, the demand must be made to the Secretary of State. The person who demanded the recount shall select the ballots for the statewide office or ballot question affected from 5 percent of the total number of precincts for that particular office or ballot question after notification to each candidate for the office or the candidates representative. The Secretary of State shall notify the county clerks of the 5 percent of statewide precincts selected by the person who demanded the recount to examine the ballots in accordance with the provisions of this section and to notify the Secretary of State of the results of the recount in their respective precincts. If the separate examinations, when combined, show a total discrepancy equal to or greater than 1 percent for the candidate demanding the recount or the candidate who won the election, according to the original canvass of the returns, or in favor of or against a ballot question, according to the original canvass of the returns, the Secretary of State shall determine whether the person who demanded the recount is entitled to a recount and, if so, shall order the county or city clerk, as applicable, to recount all the ballots for that office or ballot question.
κ2017 Statutes of Nevada, Page 2171 (CHAPTER 348, AB 418)κ
returns, the Secretary of State shall determine whether the person who demanded the recount is entitled to a recount and, if so, shall order the county or city clerk, as applicable, to recount all the ballots for that office or ballot question.
8.] 5. The Secretary of State may adopt regulations to carry out the provisions of this section.
Sec. 4. NRS 293.410 is hereby amended to read as follows:
293.410 1. A statement of contest shall not be dismissed by any court for want of form if the grounds of contest are alleged with sufficient certainty to inform the defendant of the charges the defendant is required to meet.
2. An election may be contested upon any of the following grounds:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That [illegal] :
(1) Illegal or improper votes were cast and counted [for the defendant, which, if taken from the defendant, will reduce the number of the defendants legal votes below the number necessary to elect] ;
(2) Legal and proper votes were not counted; or
(3) A combination of the circumstances described in subparagraphs (1) and (2) occurred,
Κ in an amount that is equal to or greater than the margin between the contestant and the defendant [.] , or otherwise in an amount sufficient to raise reasonable doubt as to the outcome of the election.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant or any person acting, either directly or indirectly, on behalf of the defendant has given, or offered to give, to any person [a bribe] anything of value for the purpose of [procuring his or her] manipulating or altering the outcome of the election.
(f) That there was a [possible] malfunction of any voting device or electronic tabulator, counting device [.] or computer in a manner sufficient to raise reasonable doubt as to the outcome of the election.
________
κ2017 Statutes of Nevada, Page 2172κ
Assembly Bill No. 461Assemblyman Thompson
CHAPTER 349
[Approved: June 4, 2017]
AN ACT relating to days of observance; designating Peace Week in the State of Nevada; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain days of observance in the State of Nevada to commemorate certain persons or occasions or to publicize information regarding certain important topics. (Chapter 236 of NRS) This bill designates the week in January that begins with Martin Luther King, Jr. Day and concludes the following Saturday as Peace Week in the State of Nevada and requires the Governor to issue annually a proclamation encouraging the observance of Peace Week.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
Whereas, The provisions of this act require the State of Nevada to recognize Peace Week commencing on the day on which Martin Luther King, Jr. Day is observed and concluding the following Saturday; and
Whereas, Peace Week is designed to foster a statewide movement for a culture of peace and is recognized as an opportunity for the residents of this State to mark individual and organizational progress toward building such a culture; and
Whereas, Peace Week will serve as a reminder to the residents of this State of our permanent commitment to peace; and
Whereas, Peace education provided as part of Peace Week should be focused on helping students understand and manage conflict in their own lives and, from a greater perspective, learn how peace is fostered locally, statewide, nationally and internationally; and
Whereas, The activities of Peace Week are designed to empower the residents and visitors of this State to create and foster peace in each persons own life and in the lives of those around us; and
Whereas, Peace Week in the State of Nevada encourages all residents of this State to take part in activities that contribute to the creation of a more peaceful, compassionate, knowledgeable and unified State and world; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The week of January that begins with Martin Luther King, Jr. Day and concludes the following Saturday is designated as Peace Week in the State of Nevada.
2. The Governor shall issue annually a proclamation encouraging the observance of Peace Week which must:
κ2017 Statutes of Nevada, Page 2173 (CHAPTER 349, AB 461)κ
(a) Call upon the news media, educators, business and labor leaders and appropriate governmental officers to bring to the attention of the residents of this State the importance of promoting a culture of peace in this State and around the world;
(b) Encourage schools, individuals, businesses, community organizations and faith-based organizations to participate in the observance of a minute of silence for peace to be observed at noon on the second day of Peace Week;
(c) Encourage schools, community organizations and faith-based organizations to offer peace education addressing ways in which persons can:
(1) Build bridges between polarized groups;
(2) Heal community wounds and relationships; and
(3) Advance the science of peace and teach the children of this State to live compassionately;
(d) Encourage residents of this State to:
(1) Engage in quiet reflection;
(2) Volunteer at local community-oriented nonprofit organizations;
(3) Commit to more peaceful in-home communications;
(4) Share time with and devote energy to a person in need of support; and
(5) Learn about a local or global issue relating to people or the environment; and
(e) Promote participation in or the planning of community-wide activities, including, without limitation:
(1) Assemblies and rallies for peace;
(2) Marathons and walks for peace;
(3) Competitions of written, artistic and other creative expressions focused on promoting peace; and
(4) The wearing or displaying of symbols of peace.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2174κ
Assembly Bill No. 473Committee on Health and Human Services
CHAPTER 350
[Approved: June 4, 2017]
AN ACT relating to health care; delaying the prospective expiration of certain provisions governing the list of preferred prescription drugs to be used for the Medicaid program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Department of Health and Human Services is required to develop by regulation a list of preferred prescription drugs to be used for the Medicaid program. The Department is also required to establish a list of prescription drugs that must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs. Existing law further requires the Department to include certain specified drugs on the list of drugs excluded from the restrictions. (NRS 422.4025) Before July 1, 2010, the Department was required to exclude certain antipsychotic medications, anticonvulsant medications and antidiabetic medications from the restrictions that are imposed on drugs which are on the list of preferred prescription drugs, but the Legislature suspended this requirement for the period from July 1, 2010, to June 30, 2017. (Chapter 4, Statutes of Nevada 2010, 26th Special Session, p. 35, as last amended by chapter 382, Statutes of Nevada 2015, 78th Session, p. 2158) This bill delays the prospective expiration of such provisions to June 30, 2019.
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. Section 4 of chapter 4, Statutes of Nevada 2010, 26th Special Session, as last amended by section 1 of chapter 382, Statutes of Nevada 2015, at page 2158, is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 2010, and expires by limitation on June 30, [2017.] 2019.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2017 Statutes of Nevada, Page 2175κ
Assembly Bill No. 480Committee on Government Affairs
CHAPTER 351
[Approved: June 4, 2017]
AN ACT relating to purchasing; authorizing the assessment of an administrative fee on vendors of supplies, materials, equipment and services procured by the Purchasing Division of the Department of Administration under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State Purchasing Act requires the Administrator of the Purchasing Division of the Department of Administration to purchase or contract for supplies, materials, equipment and certain services or the rental or lease of equipment on behalf of certain officers, departments, institutions, boards, commissions and other agencies in the Executive Department of the State Government. (NRS 333.150, 333.165) Additionally, certain governmental entities which are not required to conduct their purchasing or contracting through the Purchasing Division may voluntarily elect to do so. (NRS 332.135, 333.469, 333.470) Existing law also authorizes the Administrator to use on-line bidding to receive proposals or bids in response to a request for proposals or invitation to bid. (NRS 333.313)
This bill authorizes the Administrator to assess an administrative fee to be paid by vendors from whom the Administrator has obtained supplies, materials, equipment and services pursuant to a single contract or order on behalf of two or more of the agencies of the Executive Department which are required to conduct their purchasing and contracting through the Purchasing Division or certain governmental entities which voluntarily elect to conduct their purchasing or contracting through the Purchasing Division, or any combination thereof. The Purchasing Division is authorized to use the money collected from this fee to offset its operating expenses, including the costs of establishing and maintaining an on-line bidding system or a computer system to assist with the procurement process.
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 333.450 is hereby amended to read as follows:
333.450 1. Except as otherwise provided in NRS 227.185, claims for supplies, materials, equipment and services purchased pursuant to the provisions of this chapter must, when approved by the Administrator, be paid in the same manner as other claims against the State are required to be paid.
2. The Administrator shall annually assess each using agency a fee for the procurement and inventory services provided by the Purchasing Division to the using agency. The fee must be based on the using agencys use of the procurement and inventory services of the Purchasing Division during preceding years. The Administrator shall adjust the formula for calculating the fee each biennium.
3. If an agency is not a using agency, the Administrator shall assess a fee of not more than the cost to the Purchasing Division to process the order for the agency.
κ2017 Statutes of Nevada, Page 2176 (CHAPTER 351, AB 480)κ
4. If the Purchasing Division has obtained supplies, materials, equipment or services pursuant to a single contract or order from a vendor on behalf of two or more using agencies or governmental entities which have obtained supplies, materials, equipment or services on a voluntary basis from the Purchasing Division pursuant to NRS 333.469 or 333.470, or any combination thereof, the Administrator may assess and collect from the vendor an administrative fee in an amount not to exceed 4 percent of the total cost of the supplies, materials, equipment or services.
5. The administrative fee collected pursuant to subsection 4 may be used by the Administrator to offset the operating expenses of the Purchasing Division, including, without limitation, the implementation and maintenance of a system of on-line bidding or a computer system for the management and reporting of the procurement process.
6. The Administrator may adopt regulations to carry out the provisions of this section.
7. As used in this section, on-line bidding has the meaning ascribed to it in NRS 333.313.
Sec. 2. This act becomes effective on July 1, 2017.
________
Assembly Bill No. 485Committee on Transportation
CHAPTER 352
[Approved: June 4, 2017]
AN ACT relating to school vehicles; revising the definition of a school bus for certain purposes; authorizing a school district to lease school buses or vehicles belonging to the school district in certain circumstances; revising provisions relating to the inspection of school buses; requiring new school buses purchased on or after a certain date be equipped with safety belts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides a definition of a school bus for the purposes of certain laws regarding traffic laws and rules of the road. (NRS 484A.230) Section 1 of this bill revises the definition of school bus to specify that such a vehicle must be designed or used to carry more than 10 passengers in addition to the driver. This definition more closely comports with the definition of a school bus in the Federal Motor Carrier Safety Regulations. (49 C.F.R. § 390.5)
Existing law provides various restrictions on and requirements for a school bus, including required evacuation drills, adoption of a safety program, driver qualifications and training, and standards for how a school bus used to transport pupils must be equipped. (NRS 386.790-386.845) Section 2 of this bill provides that the revised definition of school bus in section 1 applies to all such existing laws. The revised definition of school bus in section 1 also applies to various other uses of the term throughout title 34 of NRS, regarding such topics as the use of transportation funds by a school district to purchase school buses, the extension of the safe and respectful learning environment to include school buses, the prohibition on bullying and cyber-bullying on school buses, the authorization procedures for a pupil to self-administer certain medications on a school bus and the provision for suspension or expulsion of a pupil for certain behaviors committed on a school bus.
κ2017 Statutes of Nevada, Page 2177 (CHAPTER 352, AB 485)κ
self-administer certain medications on a school bus and the provision for suspension or expulsion of a pupil for certain behaviors committed on a school bus. (NRS 386.795, 388.132, 388.135, 392.425, 392.466)
Sections 3.2 and 4 of this bill require that any new school bus which is purchased by a school district on or after July 1, 2019, must be equipped with a shoulder-harness-type safety belt assembly for each permanent seating position for passengers. The safety belts must meet certain federal standards and specifications. Section 6 of this bill imposes those same requirements on a private school which purchases a new school bus to transport pupils.
Existing law authorizes the board of trustees of a school district to allow school buses or vehicles belonging to the school district to be used for the transportation of public school pupils and children in certain circumstances. (NRS 386.790, 386.815) Sections 3.4 and 3.6 of this bill authorize a board of trustees to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events taking place within the county in which the school district is located when a commercial bus is not reasonably available under certain circumstances. Section 3.4 also requires that any such agreement include provisions requiring the lessee to: (1) provide a security deposit; (2) pay a fee for the use of the school bus or vehicle; (3) accept responsibility for any damage to the bus or vehicle; (4) provide indemnification to the lessor school district and the school districts bus driver against any claim; (5) provide proof that each driver is licensed under the laws of this State and proof of insurance; (6) provide proof of a permit or other approval for the special event, if required by a governmental entity; (7) give preference to hiring a driver who is employed by the school district; and (8) acknowledge that the lessee is not entitled to the limitation on damages that applies to government employees and entities. (NRS 41.035) Additionally, section 3.4 limits the number of school buses and vehicles a school district may lease during any period of time to not more than 8.5 percent of the total number of school buses and vehicles belonging to that school district.
Under existing law, agents and employees of the Department of Motor Vehicles are required to inspect school buses to determine if the school buses comply with various equipment and identification requirements, and must report any violations to the superintendent of schools of the school district wherein the school buses are operating. (NRS 386.840) Section 5 of this bill transfers those requirements to the Department of Public Safety.
Existing law provides that certain laws relating to the condition, equipment and identification of vehicles used for the transportation of pupils, including school buses, apply to private schools. (NRS 394.190) All such vehicles are subject to inspection at all times by the Department of Motor Vehicles, which is required to report any violation to the executive head of the private school. Section 6 of this bill transfers those requirements to the Department of Public Safety.
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 484A.230 is hereby amended to read as follows:
484A.230 1. School bus means every motor vehicle [owned] which is designed or used to carry more than 10 passengers in addition to the driver and which is:
(a) Owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity ; or [privately]
(b) Privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.
2. School bus does not include [a] :
κ2017 Statutes of Nevada, Page 2178 (CHAPTER 352, AB 485)κ
(a) A passenger car operated under a contract to transport children to and from school [, a] ;
(b) A common carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board or the Nevada Transportation Authority when such vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada [.] ; or
(c) A multifunction school activity bus whose purposes do not include transporting students to and from home or school bus stops.
Sec. 2. NRS 385.007 is hereby amended to read as follows:
385.007 As used in this title, unless the context otherwise requires:
1. Achievement charter school means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.
2. Department means the Department of Education.
3. English learner has the meaning ascribed to it in 20 U.S.C. § 7801(20).
4. Homeschooled child means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.
[4. Limited English proficient has the meaning ascribed to it in 20 U.S.C. § 7801(25).]
5. Opt-in child means a child for whom an education savings account has been established pursuant to NRS 353B.850, who is not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity, as defined in NRS 353B.750.
6. Public schools means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.
7. School bus has the meaning ascribed to it in NRS 484A.230.
8. State Board means the State Board of Education.
[8.] 9. University school for profoundly gifted pupils has the meaning ascribed to it in NRS 388C.040.
Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 3.2 and 3.4 of this act.
Sec. 3.2. 1. On and after July 1, 2019, with respect to any new school bus which is purchased by a school district to transport pupils, the school bus must be equipped with a shoulder-harness-type safety belt assembly for use in each permanent seating position for passengers on the school bus.
2. Each shoulder-harness-type safety belt assembly required by subsection 1 must meet the applicable minimum standards and specifications which are set forth in the Federal Motor Vehicle Safety Standards of the National Highway Traffic Safety Administration of the United States Department of Transportation and which are in effect on the date the school district purchases the school bus.
Sec. 3.4. 1. The board of trustees of a school district may, except as otherwise provided in subsections 5 and 6, authorize the school district to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events that take place within the county in which the school district is located, provided that such an agreement will not interfere with or prevent the school district from furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815.
κ2017 Statutes of Nevada, Page 2179 (CHAPTER 352, AB 485)κ
to the school district for special events that take place within the county in which the school district is located, provided that such an agreement will not interfere with or prevent the school district from furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815.
2. If a school district enters into an agreement pursuant to this section, the agreement must include, without limitation, a provision requiring the lessee to:
(a) Provide a security deposit in an amount which is not less than 20 percent of the estimated total amount of the fee set forth in the agreement;
(b) Pay a fee in an amount which is not less than the total cost per mile for the use of a school bus or vehicle to the school district, as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department, and any additional costs or expenses related to the use of the school bus or vehicle, including, without limitation, fuel, wear and tear, maintenance, appropriate staffing, administrative costs and an additional rental service fee;
(c) Indemnify and hold the school district harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto;
(d) Indemnify and hold the driver of a school bus or vehicle harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto incurred when acting in the scope of his or her employment;
(e) Accept responsibility for any damage to the school bus or vehicle while leased as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;
(f) Provide proof that the school bus or vehicle leased will be operated by a person licensed under the laws of this State to operate the particular type of bus or vehicle leased;
(g) Provide proof of insurance which covers the school bus or vehicle while operated by the lessee up to an amount determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;
(h) Provide proof of a permit or other approval for the special event, if required by a governmental entity;
(i) Give preference to a driver of a school bus or vehicle who is employed by the school district before hiring another driver who is not employed by the school district; and
(j) Acknowledge that by entering into such an agreement, the lessee does not become an agent or employee of the school district and is not entitled to the limitation on damages set forth in NRS 41.032 to 41.038, inclusive, for any act or failure to act by the lessee or an agent or employee of the lessee.
3. Except as otherwise provided in this subsection, whenever any school bus or vehicle belonging to a school district is leased, any lettering on the school bus or vehicle designating the vehicle as a school bus or vehicle must be covered and concealed, no signs or wording may be affixed to the school bus or vehicle and any system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle must not be used in the operation of the school bus or vehicle by the lessee except in the case of an emergency.
κ2017 Statutes of Nevada, Page 2180 (CHAPTER 352, AB 485)κ
to the school bus or vehicle and any system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle must not be used in the operation of the school bus or vehicle by the lessee except in the case of an emergency. A system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle may be used in the operation of a school bus or vehicle only during an emergency.
4. A school district shall separately account for any money collected as a result of an agreement to lease a school bus or vehicle which exceeds the actual cost to the school district and, except as otherwise provided in this subsection, such money may be used at the discretion of the school district. A school district may not use any money collected as a result of an agreement to lease a school bus or vehicle to:
(a) Settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations; or
(b) Adjust the district-wide schedules of salaries and benefits of the employees of the school district.
5. A school district may not enter into an agreement pursuant to this section:
(a) For special events that take place outside the county in which the school district is located.
(b) If the school district determines that transportation by a commercial bus is reasonably available for a special event.
6. A school district may not lease during any period of time more than 8.5 percent of the total number of school buses and vehicles belonging to the school district.
7. For the purposes of this section, special event means an event or series of events that does not take place during the regular school day and is not an interscholastic contest, school festival or other activity properly a part of a school program.
Sec. 3.6. NRS 386.815 is hereby amended to read as follows:
386.815 1. A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:
(a) Interscholastic contests;
(b) School festivals; or
(c) Other activities properly a part of a school program.
2. In addition to the use of school buses and vehicles authorized pursuant to subsection 1, the board of trustees of a school district may permit school buses and vehicles belonging to the school district to be used for the transportation of children to and from:
(a) Programs for the supervision of children before and after school; and
(b) Other programs or activities that the board of trustees deems appropriate,
Κ regardless of whether such programs or activities are part of a school program.
3. The use of school buses or vehicles belonging to the school district for the purposes enumerated in subsections 1 and 2 is governed by regulations made by the board of trustees, which must not conflict with regulations of the State Board. Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 386.790 to 386.840, inclusive [.]
κ2017 Statutes of Nevada, Page 2181 (CHAPTER 352, AB 485)κ
operated by a driver qualified under the provisions of NRS 386.790 to 386.840, inclusive [.] , and section 3.4 of this act.
4. A driver shall not operate a vehicle for the purposes enumerated in subsections 1 and 2 for more than 10 hours in a 15-hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15-hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he or she again operates a vehicle for such purposes.
5. Before January 1, 1984, the State Board shall adopt regulations to carry out the provisions of subsection 4.
Sec. 4. NRS 386.830 is hereby amended to read as follows:
386.830 1. All vehicles used in the transportation of pupils must be:
(a) In good condition and state of repair.
(b) Well equipped, and must contain sufficient room and seats so that the driver and each pupil being transported have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
[(c) Inspected]
2. Each school bus must be inspected semiannually by the Department of Public Safety to ensure that the vehicles are mechanically safe and meet the minimum specifications established by the State Board. The Department of Public Safety shall make written recommendations to the superintendent of schools of the school district wherein any such vehicle is operating for the correction of any defects discovered thereby.
[2.] 3. If the superintendent of schools fails or refuses to take appropriate action to have the defects corrected within 10 days after receiving notice of them from the Department of Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction thereof may be removed from office.
[3.] 4. Except as otherwise provided in subsection [4,] 5, all vehicles used for transporting pupils must meet the specifications established by regulation of the State Board.
[4.] 5. Except as otherwise provided in subsection [5,] 6, any bus which is purchased and used by a school district to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the State Board if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce.
[5.] 6. Any new school bus which is purchased by a school district to transport pupils must meet the standards set forth in:
(a) Subsection 1 of NRS 386.835 if the school bus is purchased on or after January 1, 2016; [and]
(b) Subsection 2 or 3 of NRS 386.835 if the school bus is purchased on or after July 1, 2016 [.] ; and
(c) Section 3.2 of this act if the school bus is purchased on or after July 1, 2019.
[6.] 7. Any person violating any of the requirements of this section is guilty of a misdemeanor.
Sec. 5. NRS 386.840 is hereby amended to read as follows:
386.840 1. Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with:
κ2017 Statutes of Nevada, Page 2182 (CHAPTER 352, AB 485)κ
(a) A system of flashing red lights of a type approved by the State Board and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:
(1) When the bus is stopped to unload pupils.
(2) When the bus is stopped to load pupils.
(3) In times of emergency, accident or motor vehicle crash, when appropriate.
(b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the State Board and installed at the expense of the school district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the State Board.
2. A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:
(a) Has been designated by a school district and approved by the Department;
(b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;
(e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.
3. In addition to the equipment required by subsection 1 and except as otherwise provided in subsection [4] 5 of NRS 386.830, each school bus must:
(a) Be equipped and identified as required by the regulations of the State Board; and
(b) If the bus is a new bus purchased by a school district to transport pupils, meet the standards set forth in:
(1) Subsection 1 of NRS 386.835 if the bus is purchased on or after January 1, 2016; [and]
(2) Subsection 2 or 3 of NRS 386.835 if the bus is purchased on or after July 1, 2016 [.] ; and
(3) Section 3.2 of this act if the bus is purchased on or after July 1, 2019.
4. The [agents and employees of the] Department of [Motor Vehicles] Public Safety shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.
κ2017 Statutes of Nevada, Page 2183 (CHAPTER 352, AB 485)κ
5. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the Department of [Motor Vehicles,] Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction must be removed from office.
6. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 6. NRS 394.190 is hereby amended to read as follows:
394.190 1. The provisions of NRS 386.830 and 386.840 relating to the condition, equipment and identification of vehicles used for the transportation of pupils apply to private schools.
2. On and after January 1, 2016, [or] July 1, 2016, or July 1, 2019, as applicable, with respect to any new school bus purchased to transport pupils, the standards for school buses set forth in:
(a) Subsection 1 of NRS 386.835; [and]
(b) Subsection 2 or 3 of NRS 386.835 [,] ; and
(c) Section 3.2 of this act,
Κ apply to private schools.
3. All such vehicles are subject to inspection at all times by [agents and employees of] the Department of [Motor Vehicles,] Public Safety, who shall report any violations discovered thereby to the executive head of the private school.
4. If the executive head of the private school fails or refuses to take appropriate action to correct any such violation within 10 days after receiving the report from the Department of [Motor Vehicles,] Public Safety, the executive head is guilty of a misdemeanor.
Sec. 7. This act becomes effective upon passage and approval.
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Senate Bill No. 3Committee on Finance
CHAPTER 353
[Approved: June 4, 2017]
AN ACT relating to education; revising provisions governing participation by public schools in the Breakfast After the Bell Program that provides breakfast to certain pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the creation of the Breakfast After the Bell Program for the purpose of requiring certain public schools with large populations of pupils from low-income families to provide breakfast to their pupils after an instructional day of school has officially begun. (NRS 387.114-387.1175) Existing law also requires the State Department of Agriculture to monitor participating schools and provide written notice to a school at the end of each school year if the school did not increase the provision of breakfast to eligible pupils by at least 10 percent in that school year. Existing law requires a school that receives such notice to submit a plan for increasing participation in the Program to the Department. (NRS 387.1165) This bill removes the requirement that the Department provide such notice and instead requires the Department to notify a school if the school has not maintained or increased the provision of breakfast to eligible pupils.
κ2017 Statutes of Nevada, Page 2184 (CHAPTER 353, SB 3)κ
provision of breakfast to eligible pupils. This bill also requires a school that receives such notice to submit to the Department: (1) a statement identifying the reasons the school did not maintain or increase the provision of breakfast to eligible pupils; and (2) a plan for increasing participation in the Program by eligible pupils which addresses the reasons identified in the statement.
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 387.1165 is hereby amended to read as follows:
387.1165 1. The State Department of Agriculture shall monitor public schools participating in the Program and ensure that participating schools comply with NRS 387.114 to 387.1175, inclusive, and any regulations adopted pursuant thereto.
2. If the State Department of Agriculture determines at the end of a school year that a public school participating in the Program has not maintained or increased the provision of breakfast to enrolled pupils who are eligible for free or reduced-price lunches under the National School Lunch Act , [by at least 10 percent,] the State Department of Agriculture shall provide written notice of its findings to the school.
3. A public school that receives notice pursuant to subsection 2 shall, not later than 30 days after receiving such notice, submit to the State Department of Agriculture a [plan] :
(a) Statement identifying the reasons the school did not maintain or increase the provision of breakfast to pupils who are eligible for free or reduced-price lunches under the National School Lunch Act; and
(b) Plan for increasing participation in the Program by enrolled pupils in the school who are eligible for free or reduced-price lunches under the National School Lunch Act [.] that addresses the reasons identified in the statement submitted pursuant to paragraph (a).
Sec. 2. This act becomes effective on July 1, 2017.
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