SUMMARY--Provides in skeleton form for separate school district for Incline Village. (BDR 34-352)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to public schools; providing in skeleton form for the creation of a separate school district for Incline Village; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 385.007 is hereby amended to read as follows:
385.007As used in this Title, unless the context otherwise requires:
1. "Department" means the department of education.
2. "Public schools" means all kindergartens and elementary schools, junior high schools and middle schools, high schools and any other schools, classes and educational programs which receive their support through public taxation and whose textbooks and courses of study are under the control of the state board.
3. "School district" includes:
(a) A county school district created pursuant to NRS 386.010.
(b) The Incline Village school district created pursuant to NRS 386.010.
4. "State board" means the state board of education.
Sec. 2 NRS 386.010 is hereby amended to read as follows:
386.0101. [County] Except as otherwise provided in subsection 2, school districts, the boundaries of which are conterminous with the boundaries of the counties of the state, are hereby created. [The Carson City school district shall be considered as a county school district.]
2. The Incline Village school district is hereby created, and is comprised of the portion of Washoe County that is within the Tahoe Basin.
3. Each [county] school district created by this chapter is hereby declared to be a political subdivision of the State of Nevada whose purpose is to administer the state system of public education.
[3.] 4. Each school district shall have the power to sue and may be sued.
Sec. 3 NRS 386.030 is hereby amended to read as follows:
386.030 1.Every county school district [shall] must be designated by the name and style of "................ School District" (using the name of the county or city the boundaries of which are conterminous with the boundaries of the county school district).
2. The Incline Village school district must be designated by the name and style of "Incline Village School District."
Sec. 4 NRS 386.120 is hereby amended to read as follows:
386.1201. The board of trustees of a [county] school district consists of five or seven members as follows:
(a) If 1,000 or more pupils were enrolled in the school district during the school year next preceding any general election, the board of trustees consists of seven members. Except in school districts in which more than 25,000 pupils are enrolled, the members of the board must be elected at large until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.
(b) If fewer than 1,000 pupils were enrolled in the school district during the school year next preceding any general election, the board of trustees consists of five members. The members of the board must be elected as provided in NRS 386.160 until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.
(c) If 1,000 or more, but fewer than 1,500 pupils were enrolled in the school district during the school year next preceding any general election, the board of trustees consists of seven members unless the board, on or before December 1 in any year before a general election will be held, adopts a resolution specifying that the board will consist of five members. If the board consists of seven members, the election of members is governed by paragraph (a). If the board consists of five members, the election of members is governed by paragraph (b).
2. Before the adoption of a resolution pursuant to paragraph (c) of subsection 1, the board of trustees shall post conspicuously, in three different places in the school district, a notice containing in full the text of the resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days before the date fixed in the resolution for action thereon.
3. If a board of trustees adopts a resolution pursuant to paragraph (c) of subsection 1, it must transmit a copy of the resolution to the superintendent of public instruction on or before December 15 of the year before the general election will be held.
Sec. 5 NRS 387.124 is hereby amended to read as follows:
387.1241. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent shall apportion the state distributive school account in the state general fund among the several [county] school districts in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. Apportionment computed on a yearly basis equals the difference between the basic support and the local funds available. No apportionment may be made if the amount of the local funds exceeds the amount of basic support.
2. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.
Sec. 6 NRS 387.170 is hereby amended to read as follows:
387.1701. [There] Except as otherwise provided in this section, there is hereby created in each county treasury a fund to be designated as the county school district fund . [, except as otherwise provided in subsection 2.
2.] All money received by [the] a county treasurer [under] pursuant to the provisions of NRS 387.175 may be transferred to a separate account established and administered by the board of trustees of the [county] school district under the provisions of NRS 354.603.
2. In Washoe County there is hereby created in the county treasury a fund to be designated as the Washoe County school district fund and a fund to be designated as the Incline Village school district fund. All money received by the Washoe County treasurer pursuant to the provisions of NRS 387.175 may be transferred as appropriate to a separate account established and administered by the board of trustees of the Washoe County school district or the Incline Village school district, respectively, pursuant to the provisions of NRS 354.603.
Sec. 7 NRS 387.175 is hereby amended to read as follows:
387.175[The]
1. Except as otherwise provided in subsection 2, the county school district fund is composed of:
[1.] (a) All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
[2.] (b) All money received from the Federal Government for the maintenance and operation of public schools.
[3.] (c) Apportionments by the state as provided in NRS 387.124.
[4.] (d) Any other receipts, including gifts, for the operation and maintenance of the public schools in the [county] school district.
2. In Washoe County:
(a) The Washoe County school district fund is composed of:
(1) All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools within the county, except for those schools located within the Incline Village school district.
(2) All money received from the Federal Government for the maintenance and operation of public schools within the county, except for those schools located within the Incline Village school district.
(3) Apportionments by the state as provided in NRS 387.124.
(b) The Incline Village school district fund is composed of:
(1) All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools located within the Incline Village school district.
(2) All money received from the Federal Government for the maintenance and operation of public schools located within the Incline Village school district.
(3) Apportionments by the state as provided in NRS 387.124.
Sec. 8 NRS 387.177 is hereby amended to read as follows:
387.1771. [There] Except as otherwise provided in this section, there is hereby created in each county treasury or in a separate account, if established under NRS 354.603, a fund to be designated as the county school district buildings and sites fund.
[2.] The county school district buildings and sites fund [shall be] is composed of:
(a) Receipts from the rentals and sales of school property.
(b) Gifts to the school district for any or all of the purposes enumerated in NRS 387.335.
(c) All [moneys] money received from the Federal Government for the construction of school facilities.
[3. Moneys in the]
2. In Washoe County, there is hereby created in the county treasury or in a separate account, if established pursuant to NRS 354.603, a fund to be designated as the Washoe County school district buildings and sites fund and a fund to be designated as the Incline Village school district buildings and sites fund.
3. In Washoe County:
(a) The Washoe County school district buildings and sites fund is composed of:
(1) Receipts from the rentals and sales of school property within the Washoe County school district.
(2) Gifts to the Washoe County school district for any or all of the purposes enumerated in NRS 387.335.
(3) All money received from the Federal Government for the construction of school facilities within the Washoe County school district.
(b) The Incline Village school district buildings and sites fund is composed of:
(1) Receipts from the rentals and sales of school property within the Incline Village school district.
(2) Gifts to the Incline Village school district for any or all of the purposes enumerated in NRS 387.335.
(3) All money received from the Federal Government for the construction of school facilities within the Incline Village school district.
4. Money in a county school district buildings and sites fund or in the Incline Village school district buildings and sites fund may be expended by the board of trustees, notwithstanding such expenditures have not been budgeted in accordance with law, only for the purposes enumerated in NRS 387.335, and no others.
Sec. 9 NRS 387.185 is hereby amended to read as follows:
387.1851. Except as otherwise provided in subsection 2, all school money due each [county] school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
2. If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due to that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
3. No [county] school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.
Sec. 10 All taxes and pledged revenues in existence before July 1, 1998, must not be directly or indirectly modified in such a manner as to impair adversely any outstanding obligations of the Washoe County school district, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made, including, without limitation, the known minimum yield from the investment or reinvestment of money pledged therefor in federal securities.
Sec. 11 The provisions of subsection 1 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. 12 This act becomes effective on July 1, 1998.