Assembly Bill No. 596-Assemblyman Ernaut

CHAPTER........

AN ACT relating to public schools; creating the Incline Village school district; defining "county school district" for purposes of the Nevada Revised Statutes as including the Incline Village School district; 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. "Board of trustees" includes the board of trustees of the Incline Village school district.
2. "County school district" includes the Incline Village school district created pursuant to NRS 386.010.
3. "Department" means the department of education.
[2.] 4. "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.] 5. "School district" includes the Incline Village school district created pursuant to NRS 386.010.
6. "State board" means the state board of education.
Sec. 2 Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:
The legislature hereby declares that:
1. Incline Village is located in a unique geographic area, thereby isolating the public schools located within Incline Village from the Washoe County school district;
2. The isolation of the public schools in Incline Village presents a need for an Incline Village school district that is accessible and responsive to the unique needs of the public schools in Incline Village and the pupils who are enrolled in those public schools; and
3. The creation of an Incline Village school district:
(a) Addresses the unique needs of the residents of Incline Village to make decisions concerning the educational needs of the pupils who are enrolled in public schools within Incline Village;
(b) Grants to the residents of Incline Village a local board of trustees that is accessible and responsive to the residents concerning the system of public education in Incline Village; and
(c) Will allow the legislature and all other interested parties to consider the desirability of creating school districts in other geographically isolated portions of this state.
4. A special law is necessary to ensure accessibility of the decision-making body of the school district to all pupils and parents and that a general law cannot be made applicable because of the unique geography of the area.
Sec. 3 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. 4 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. 5 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. 6 NRS 387.170 is hereby amended to read as follows:
387.1701. 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.] 3.
2. In a county in which more than one school district exists, the county treasurer shall separately account in the county school district fund for all money received for each school district in the proportion that the average daily attendance of pupils most recently calculated for each school district pursuant to NRS 387.123 bears to the total average daily attendance of pupils who are enrolled in public schools in the county.
3. 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.
Sec. 7 NRS 387.177 is hereby amended to read as follows:
387.1771. 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 a county in which more than one school district exists, the county treasurer shall separately account in the county school district buildings and sites fund for all money received for each school district in the proportion that the average daily attendance of pupils most recently calculated for each school district pursuant to NRS 387.123 bears to the total average daily attendance of pupils who are enrolled in public schools in the county.
4. Money in the county school district buildings and sites fund may be expended by the board of trustees [,] of each school district in the county notwithstanding such expenditures have not been budgeted in accordance with law, only for the purposes enumerated in NRS 387.335, and no others.
Sec. 8 NRS 387.195 is hereby amended to read as follows:
387.1951. Each board of county commissioners shall levy a tax of 75 cents on each $100 of assessed valuation of taxable property within the county for the support of the public schools within the county school district.
2. In addition to any tax levied in accordance with subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds [of the county] for each school district [.] in the county.
3. The tax collected pursuant to subsection 1 and any interest earned from the investment of the proceeds of that tax must be credited to the county's school district fund.
4. In a county in which more than one school district exists, the county treasurer shall apportion the money received pursuant to subsection 3 to the separate accounts maintained by the county treasurer for the school districts pursuant to NRS 387.170 in the proportion that the average daily attendance of pupils most recently calculated for the school district pursuant to NRS 387.123 bears to total average daily attendance of pupils who are enrolled in public schools in the county.
5. The tax collected pursuant to subsection 2 and any interest earned from the investment of the proceeds of that tax must be credited to the [county] school district's debt service fund.
Sec. 9 NRS 387.3285 is hereby amended to read as follows:
387.32851. Upon the approval of a majority of the registered voters of a [county] school district voting upon the question, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 75 cents on each $100 of assessed valuation of taxable property within the [county.] school district. The question submitted to the registered voters must include the period during which the tax will be levied. The period may not exceed 20 years.
2. Upon the approval of a majority of the registered voters of a [county] school district voting upon the question, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 50 cents on each $100 of assessed valuation of taxable property within the [county.] school district. The question submitted to the registered voters must include the period during which the tax will be levied. The period may not exceed 20 years.
3. Any money collected pursuant to this section must be deposited in the county treasury to the credit of the school district's fund for capital projects to be held and, except as otherwise provided in NRS 387.3287, to be expended in the same manner as other money deposited in that fund.
Sec. 10 NRS 387.3287 is hereby amended to read as follows:
387.32871. Except as otherwise provided in subsections 4 and 5, upon the approval of a majority of the registered voters of a [county] school district voting upon the question, the board of county commissioners in each county may levy a separate tax pursuant to the provisions and subject to the limitations of subsections 1 and 2 of NRS 387.3285.
2. Money raised pursuant to this section must be deposited in the county treasury to the credit of the school district's fund for capital projects and must be maintained in a separate budgetary account for the replacement of capital assets. All interest and income earned on the money in the account must be credited to the account. Except as otherwise provided in subsection 3, money in the account must only be expended for the renovation or replacement of depreciating capital assets of the [county] school district.
3. Money raised pursuant to this section may be expended for the construction of new buildings for schools to accommodate community growth if the expenditure is approved by a majority of the registered voters of the [county] school district voting upon the question. An expenditure proposed pursuant to the provisions of this subsection must be submitted as a separate question to the voters on the ballot at a primary, general or special election.
4. The replacement value of the capital assets of a [county] school district must be determined by the board of trustees of the [county] school district before any property tax is levied pursuant to subsection 1. The replacement value may be redetermined before July 1 of each year to become effective for the purposes of this section on the first day of the next fiscal year.
5. The property tax authorized in subsection 1 may not be imposed or collected if the account for the replacement of capital assets contains revenue in an amount equal to or more than 30 percent of the replacement value of the capital assets of the [county] school district.
Sec. 11 NRS 387.541 is hereby amended to read as follows:
387.5411. Bonds of any such [county] school district for the joint facility must not be issued unless:
(a) The bonds are approved by the debt management commission of the particular county pursuant to NRS 350.001 to 350.006, inclusive; and
(b) The registered voters of each of the [county] school districts approve a proposal for the issuance of the bonds of the particular [county] school district pursuant to the provisions of this chapter.
2. If proposals for the issuance of each school district's general obligation bonds carry as provided in subsection 1, each school district, acting by and through its board of trustees, for the purpose of defraying all or any part of the cost of the joint facility or project, may borrow money and otherwise become obligated in the total authorized principal amount, and may issue within 6 years after the date of the election authorizing the issue, bonds and other securities of the [county] school district constituting its general obligations to evidence obligations, in accordance with the Local Government Securities Law.
3. This section does not prevent any [county] school district from funding, refunding or reissuing at any time any securities of the [county] school district pertaining to the facility or project as provided in the Local Government Securities Law, except as therein limited.
Sec. 12 The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:
The term "county school district" includes the Incline Village school district created pursuant to NRS 386.010.
Sec. 13 NRS 19.035 is hereby amended to read as follows:
19.035 Notwithstanding any other provision of this chapter, a county clerk shall neither charge nor collect any fee for any service rendered by him to:
1. The State of Nevada;
2. The county of which he is county clerk;
3. Any city or town within that county;
4. [The] A school district [of] in that county [;] , including, without limitation, the Incline Village school district created pursuant to NRS 386.010;
5. Any general improvement district which is located within that county; or
6. Any officer of the state, that county or any such city, town, school district or general improvement district in the officer's official capacity.
Sec. 14 NRS 43.060 is hereby amended to read as follows:
43.060 1. "Governing body" means:
(a) The state commission or state board responsible for the exercise of a power by the state or responsible for an instrument, act or project of the state to which court proceedings authorized by this chapter and initiated by the state pertain; and
(b) The city council, city commission, board of supervisors, board of commissioners, board of trustees, including, without limitation, the board of trustees of the Incline Village school district created pursuant to NRS 386.010, board of directors, board of regents or other legislative body of a municipality proceeding under this chapter.
2. "Governing body" does not include the legislature of the State of Nevada if the municipality is the state or any corporation, instrumentality or other agency thereof.
Sec. 15 NRS 207.155 is hereby amended to read as follows:
207.155 1. Except as otherwise provided in subsection 2, no person other than a regularly employed peace officer or other law enforcement officer may inspect the statements, photographs or fingerprints required by NRS 207.153.
2. If the sheriff of a county receives registration data pursuant to NRS 207.152 or 207.154 which indicates that a sex offender committed any offense set forth in NRS 207.151 against a person who was under the age of 18 years, the sheriff shall provide that data to the board of trustees of the county school district , including, without limitation, the Incline Village school district created pursuant to NRS 386.010, in which the sex offender expects to reside. The board of trustees may release that data to any teacher or other educational personnel licensed pursuant to chapter 391 of NRS who is employed by that school district if it determines that the release of the data is reasonably necessary for public protection. Any teacher or other educational personnel who receives such data shall not release it to another person without the prior approval of the board of trustees.
3. A sheriff, board of trustees [,] , including, without limitation, the board of trustees of the Incline Village school district created pursuant to NRS 386.010, teacher or other educational personnel who, in good faith, releases or fails to release any registration data pursuant to subsection 2 is immune from any criminal or civil liability for releasing or failing to release the data unless he acted with gross negligence.
Sec. 16 NRS 252.110 is hereby amended to read as follows:
252.110 The district attorney shall:
1. Draw all indictments, when required by the grand jury.
2. Defend all suits brought against his county.
3. Prosecute all recognizances forfeited in the district court and all actions for the recovery of debts, fines, penalties and forfeitures accruing to his county.
4. Except with respect to matters for which the board of trustees of [the] a school district , including, without limitation, the Incline Village school district created pursuant to NRS 386.010, has employed private counsel, draw all legal papers, give his written opinion when required on matters relating to the duties of the board of trustees and transact the legal business of the school district whose boundaries are conterminous with the boundaries of his county, and perform such other legal duties as may be required of him by the board of trustees.
5. Bring all actions on behalf of the county for abatement of nuisances pursuant to order of the board of county commissioners or, in the discretion of the district attorney, pursuant to an ordinance of the county as provided by NRS 244.360, subsection 6, including actions for injunction, as well as for recovery of compensatory and exemplary damages and costs of suit.
6. Perform such other duties as may be required of him by law.
Sec. 17 All taxes and pledged revenues in existence before July 1, 1999, 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. 18 1. On or before July 1, 1999, the superintendent of public instruction, the department of education and the Washoe County school district shall take all actions necessary to prepare for the creation of the Incline Village school district on July 1, 1999, and matters properly relating thereto.
2. The board of trustees for the Incline Village school district must be elected at the 1998 general election. The county clerk of Washoe County and the secretary of state shall take all actions necessary to facilitate the nomination and election process for the offices of trustees of the Incline Village school district. The persons so elected shall enter upon the duties of their respective offices on the first Monday in January next following their election and as soon as is practicable thereafter shall comply with the provisions of NRS 387.303 in preparation for the upcoming fiscal biennium.
Sec. 19 The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or further amended by another act, appropriately correct any incorrect reference regarding the formation and jurisdiction of the Incline Village school district.
2. In preparing supplements to the Nevada Administrative Code, appropriately correct any incorrect reference regarding the formation and jurisdiction of the Incline Village school district.
Sec. 20 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. 21 1. This section and sections 2, 5, and 17 to 20, inclusive, of this act become effective upon passage and approval.
2. Sections 1, 3, 4 and 6 to 16, inclusive, of this act become effective on July 1, 1999.

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