THE ONE HUNDRED AND TWENTIETH DAY

THE ONE HUNDRED AND TWENTIETH DAY

Carson City (Monday), May 31, 1999

Assembly called to order at 11:15 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblywoman Evans, who was excused.

Prayer by the Chaplain, Lt. John Van Cleef.

Almighty God, who brought forth this nation and its government to be a beacon of democracy for the world, make us mindful that the cost of freedom is high. As the men and women of this Assembly convene this day, the final day, may they embody the highest standards of living established by those who gave their life to preserve our liberty, courage, honor, truth, justice and mercy. Grant them Your strength to accomplish their work today that our democracy might be sustained, and that our freedom might be preserved. This we pray in Your Holy Name.

Amen

Pledge of allegiance to the Flag.

Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which was referred Senate Bill No. 557, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Barbara E. Buckley, Chairman

Mr. Speaker:

Your Committee on Education, to which was referred Assembly Concurrent Resolution No. 72, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Wendell P. Williams, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Assembly Bill No. 702; Senate Bills Nos. 193, 556, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The second Conference Committee concerning Assembly Bill No. 166, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA39, which is attached to and hereby made a part of this report.

Bernard Anderson	Dean A. Rhoads
Sheila Leslie	Maurice Washington
Greg Brower	Terry Care
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA39.

Amend the bill as a whole by deleting sections 1 through 13 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

“Section 1. NRS 202.3673 is hereby amended to read as follows:

202.3673 1. Except as otherwise provided in [NRS 202.265 and this section, a permittee shall not carry a concealed firearm into:

(a) Any facility of a law enforcement agency;

(b) A prison, county or city jail or detention facility;

(d) Any facility of a public or private school;

(e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;

(f) Any other building owned or occupied by the Federal Government, the state or a local government; or

(g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.

2. The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.

3. The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.

4. The provisions of this section do not apply to a permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state.

5. A violation of the provisions of subsection 1 is a misdemeanor.] subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.

2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.

3. A permittee shall not carry a concealed firearm while he is on the premises of:

(a) A public building that is located on the property of a public school or the property of the University and Community College System of Nevada, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to paragraph (c) of subsection 3 of NRS 202.265.

(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.

4. The provisions of paragraph (b) of subsection 3 do not prohibit:

(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state from carrying a concealed firearm while he is on the premises of a public building.

(c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.

(d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.

6. As used in this section, “public building” means any building or office space occupied by:

(a) Any component of the University and Community College System of Nevada and used for any purpose related to the system; or

(b) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

Sec. 2. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

Sec. 3. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to concealed firearms; expanding the locations into which a permittee may carry a concealed firearm; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Expands locations into which permittee may carry concealed firearm. (BDR 15‑351)”.

Assemblyman Anderson moved that the Assembly adopt the report of the second Conference Committee concerning Assembly Bill No. 166.

Remarks by Assemblyman Anderson.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 193 be taken from the General File and placed on the Chief Clerk's desk.

Motion carried.

Assemblyman Perkins moved that Senate Bill No. 556 be taken from the General File and placed on the Chief Clerk's desk.

Motion carried.

Assemblyman Perkins moved that Assembly Concurrent Resolution No. 72 just reported out of committee be placed on the Resolution File.

Motion carried.

Assemblyman Perkins moved that the reading of the history on all bills and joint resolutions on General File be dispensed with for this legislative day.

Motion carried.

Assembly Concurrent Resolution No. 72.

Resolution read third time.

The following amendment was proposed by Assemblymen Giunchigliani, de Braga, Manendo, Anderson, Bache and Williams:

Amendment No. 1224.

Amend the resolution, page 2, line 12, after “to” by inserting “continue to”.

Amend the resolution, page 2, line 14, by deleting “studies,” and inserting:

“studies within the appropriate grade level,”.

Amend the resolution, page 2, by deleting lines 17 through 20 and inserting:

“the Gettysburg Address and the Emancipation Proclamation; and be it further

Resolved, That the Legislature of the State of Nevada also urges the Council to incorporate into its standards the study of documents and events that reflect the full history of this country and its diverse citizenry, including, without limitation, the Seneca Falls Declaration, “Ain’t I A Woman?” by Sojourner Truth, the writings and activities of Susan B. Anthony with respect to women’s rights, the Treaty of Guadalupe Hidalgo, the speech entitled “I Have a Dream” by Martin Luther King, Jr., the Monroe Doctrine, the discussions of President Theodore Roosevelt with respect to anti-trust law and the writings and activities of Ralph J. Bunche with respect to the challenge of human relations; and be it further”.

Amend the preamble of the resolution, page 2, line 7, after “level;” by inserting:

“and

Whereas, Knowledge of documents that have been written and events that have transpired in the two centuries following the founding of this nation are also important to understanding the diverse culture that has evolved in this nation as we approach the 21st century;”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani and Williams.

Amendment adopted.

Resolution ordered reprinted, engrossed and to the Resolution File.

general file and third reading

Assembly Bill No. 702.

Bill read third time.

Remarks by Assemblyman Arberry.

Roll call on Assembly Bill No. 702:

Yeas—41.

Nays—None.

Excused—Evans.

Assembly Bill No. 702 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 557.

Bill read third time.

Remarks by Assemblymen Leslie, Freeman, Tiffany, Humke, Chowning and Von Tobel.

Roll call on Senate Bill No. 557:

Yeas—41.

Nays—None.

Excused—Evans.

Senate Bill No. 557 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Ways and Means:

Assembly Bill No. 703—AN ACT relating to state financial administration; making appropriations for various projects and programs that benefit the residents of this state; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 11:39 a.m.

ASSEMBLY IN SESSION

At 11:55 a.m.

Mr. Speaker presiding.

Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 31, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 472, Amendment No. 1221; Assembly Bill No. 694, Amendment No. 1216, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 280.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 431.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 669.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 680.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 104.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 445.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 109.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Senate Bill No. 381.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Concurrent Resolution No. 72 returned from the printer be placed on the Resolution File.

Motion carried.

Assembly Concurrent Resolution No. 72.

Assemblyman Williams moved the adoption of the resolution.

Remarks by Assemblymen Williams, Giunchigliani and Anderson.

Resolution adopted, as amended.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 703, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 64, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA38, which is attached to and hereby made a part of this report.

David E. Goldwater	Randolph J. Townsend
Barbara E. Buckley	Mark E. Amodei
Merle A. Berman	Maggie Carlton
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA38.

Amend sec. 62, page 28, by deleting line 27 and inserting:

“Sec. 62. Except as otherwise provided in section 78 of this act:

1. A person who claims an exemption from the provisions”.

Amend sec. 75, page 35, line 43, by deleting “and”.

Amend sec. 75, page 36, line 7, by deleting “purpose.” and inserting:

“purpose; and

(4) Expressly provide that the power of attorney is effective for a period of not more than 6 months unless, before the date on which the period expires, the mortgage broker obtains written approval from the investor to extend the power of attorney for an additional period of not more than 6 months. The mortgage broker may, on a continuing basis, obtain written approval from the investor to extend the power of attorney for one or more consecutive periods of not more than 6 months each, except that the investor may execute only one written approval for an extension during each such 6-month period.”.

Amend sec. 75, page 36, between lines 20 and 21, by inserting:

“4. The provisions of this section do not limit the right of an investor to include provisions in a power of attorney that are more restrictive than the provisions set forth in subsection 1.”.

Amend sec. 78, page 38, by deleting line 3 and inserting:

“Sec. 78. 1. If a person offers or provides any of the services of a mortgage broker or otherwise engages in, carries on or holds himself out as engaging in or carrying on the business of a mortgage broker and, at the time:

(a) The person was required to have a license pursuant to this chapter and the person did not have such a license; or

(b) The person’s license was suspended or revoked pursuant to this chapter,

the commissioner shall impose upon the person an administrative fine of not more than $10,000 for each violation and, if the person has a license, the commissioner shall revoke it.

2. If a person is exempt from the provisions of this chapter pursuant to subsection 6 of NRS 645B.015 and the person, while exempt, maintains, offers to maintain or holds himself out as maintaining any accounts described in subsection 1 of NRS 645B.175 or otherwise engages in, offers to engage in or holds himself out as engaging in any activity that would remove the person from the exemption set forth in subsection 6 of NRS 645B.015, the commissioner shall impose upon the person an administrative fine of not more than $10,000 for each violation and the commissioner shall revoke the person’s exemption. If the commissioner revokes an exemption pursuant to this subsection, the person may not again be granted the same or a similar exemption from the provisions of this chapter. The person may apply for a license pursuant to this chapter unless otherwise prohibited by specific statute.

3. If a mortgage broker violates any provision of subsection 1 of NRS 645B.080 and the mortgage broker fails, without reasonable cause, to remedy the violation within 20 business days after being ordered by the commissioner to do so or within such later time as prescribed by the commissioner, or if the commissioner orders a mortgage broker to provide information, make a report or permit an examination of his books or affairs pursuant to this chapter and the mortgage broker fails, without reasonable cause, to comply with the order within 20 business days or within such later time as prescribed by the commissioner, the commissioner shall:

(a) Impose upon the mortgage broker an administrative fine of not more than $10,000 for each violation;

(b) Suspend or revoke the license of the mortgage broker; and

(c) Conduct a hearing to determine whether the mortgage broker is conducting business in an unsafe and injurious manner that may result in danger to the public and whether it is necessary for the commissioner to take possession of the property of the mortgage broker pursuant to NRS 645B.150.”.

Amend the bill as a whole by adding a new section designated sec. 78.5, following sec. 78, to read as follows:

“Sec. 78.5. 1. Except as otherwise provided in subsection 2, for each violation that may be committed by a person pursuant to this chapter or the regulations adopted pursuant to this chapter, the commissioner shall adopt regulations:

(a) Categorizing the violation as a major violation or a minor violation; and

(b) Specifying the disciplinary action that will be taken by the commissioner pursuant to this chapter against a person who commits:

(1) A major violation. The disciplinary action taken by the commissioner for a major violation must include, without limitation, suspension or revocation of the person’s license.

(2) More than two minor violations. The commissioner may establish graduated sanctions for a person who commits more than two minor violations based upon the number, the frequency and the severity of the minor violations and whether the person previously has committed any major violations.

2. The provisions of this section do not apply to a violation for which the commissioner is required to take disciplinary action in accordance with section 78 of this act.”.

Amend sec. 79, page 38, line 5, by deleting:

“may take any” and inserting:

“shall take any disciplinary action required pursuant to section 78 of this act and may take any other”.

Amend sec. 85, page 40, line 40, by deleting “subsection,” and inserting:

“subsection [,] and section 78 of this act,”.

Amend sec. 93, page 48, by deleting lines 15 through 40 and inserting:

“645B.090 1. Except as otherwise provided in this section or by [law,] specific statute, all papers, documents, reports and other written instruments filed with the commissioner [under] pursuant to this chapter are open to public inspection. [, except that]

2. Except as otherwise provided in subsection 3, the commissioner may withhold from public inspection or refuse to disclose to a person, for such time as [he] the commissioner considers necessary , any information [which] that, in his judgment , would:

(a) Impede or otherwise interfere with an investigation that is currently pending against a mortgage broker;

(b) Have an undesirable effect on the [public] welfare of the public or the welfare of any mortgage [company requires to be so withheld.] broker or mortgage agent; or

3. The commissioner shall disclose the following information concerning a mortgage broker to any person who requests it:

(a) The findings and results of any investigation which has been completed during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter and which has resulted in a finding by the commissioner that the mortgage broker committed a violation of a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner; and

(b) The nature of any disciplinary action that has been taken during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter.”.

Amend sec. 95, page 49, by deleting line 27 and inserting:

“645B.100 Except as otherwise provided in section 78 of this act:

1. [The]For each violation committed by an applicant,”.

Amend sec. 108, page 63, line 31, after “1.” by inserting:

“Each mortgage broker shall include in each advertisement that the mortgage broker uses in carrying on his business:

(a) A statement of disclosure in substantially the following form:

Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured.

(b) Any other statements of disclosure required pursuant to the regulations adopted by the commissioner or required pursuant to an order of the commissioner entered in accordance with subsections 7 and 8 of NRS 645B.185.

2.”.

Amend sec. 108, page 63, line 37, by deleting “2.” and inserting “3.”.

Amend sec. 108, page 64, line 1, by deleting “3.” and inserting “4.”.

Amend sec. 108, page 64, line 8, by deleting “4.” and inserting “5.”.

Amend sec. 139, page 83, after line 3, by inserting:

“4. Section 78.5 of this act expires by limitation on October 1, 2001.”.

Assemblyman Goldwater moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 64.

Remarks by Assemblyman Goldwater.

Motion carried.

Mr. Speaker:

The second Conference Committee concerning Assembly Bill No. 289, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

Joseph E. Dini, Jr.	Raymond D. Rawson
John W. Marvel	Bernice Mathews
Morse Arberry Jr.	Bob Coffin
Assembly Conference Committee	Senate Conference Committee

Assemblyman Arberry moved that the Assembly adopt the report of the second Conference Committee concerning Assembly Bill No. 289.

Remarks by Assemblyman Arberry.

Motion carried.

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 104, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

Barbara K. Cegavske	Valerie Wiener
Vonne S. Chowning	Mark E. Amodei
Bonnie L. Parnell	Randolph J. Townsend
Assembly Conference Committee	Senate Conference Committee

Assemblywoman Cegavske moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 104.

Remarks by Assemblywoman Cegavske.

Motion carried.

Mr. Speaker:

The second Conference Committee concerning Senate Bill No. 381, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA34, which is attached to and hereby made a part of this report.

David R. Parks	William R. O'Donnell
Bonnie L. Parnell	Maurice Washington
Barbara K. Cegavske	Terry Care
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA34.

Amend section 1, page 1, by deleting lines 3 through 14 and inserting:

“A governmental entity and any agent thereof shall not use photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation for a violation of this chapter unless the equipment is held in the hand or installed temporarily or permanently within a vehicle or facility of a law enforcement agency.”.

Amend the title of the bill to read as follows:

“AN ACT relating to traffic; prohibiting a governmental entity and any agent thereof from using certain electronic devices to gather evidence for the issuance of a traffic citation; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Prohibits governmental entity and any agent thereof from using certain electronic devices to gather evidence for issuance of traffic citation. (BDR 43-504)”.

Assemblyman Parks moved that the Assembly adopt the report of the second Conference Committee concerning Senate Bill No. 381.

Remarks by Assemblyman Parks.

Motion carried.

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 445, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA32, which is attached to and hereby made a part of this report.

Vonne S. Chowning	Michael A. Schneider
Ellen M. Koivisto	Maurice Washington
Greg Brower	Randolph J. Townsend
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA32.

Amend the bill as a whole by renumbering sections 4 through 7 as sections 6 through 9 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

“Sec. 4. 1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente youth center and the Nevada youth training center:

(a) English, including reading, composition and writing;

(b) Mathematics;

(d) Social studies, which includes only the subjects of history, geography, economics and government.

2. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente youth center and the Nevada youth training center:

(a) The arts;

(b) Computer education and technology;

(d) Physical education.

If the state board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

Sec. 5. The state board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:

1. The academic subjects set forth in section 4 of this act.

2. Citizenship and physical training for pupils enrolled in high school.

3. Physiology, hygiene and cardiopulmonary resuscitation.

4. The prevention of suicide.

5. Instruction relating to child abuse.

6. The economics of the American system of free enterprise.

7. American Sign Language.

8. Environmental education.

9. Adult roles and responsibilities.

A course of study established for subsection 1 may include one or more of the subjects listed in subsections 2 to 9, inclusive.”.

Amend sec. 5, page 3, by deleting line 33 and inserting:

“section 4 of this act must be in accordance with the”.

Amend sec. 5, page 3, line 38, by deleting:

“paragraph (a) of subsection 3 of section 3” and inserting:

“subsection 1 of section 5”.

Amend sec. 6, page 4, line 1, by deleting:

“389.075, 389.080, 389.083,” and inserting:

“389.063, 389.075, 389.080, 389.083, 389.085,”.

Amend sec. 7, page 4, line 3, by deleting:

“This act becomes” and inserting:

“1. This section and sections 2 to 8, inclusive, of this act become”.

Amend sec. 7, page 4, after line 3, by inserting:

“2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.

Amend the leadlines of repealed sections by adding the leadlines of NRS 389.063 and 389.085.

Assemblywoman Chowning moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 445.

Remarks by Assemblywoman Chowning.

Motion carried.

Consideration of Senate Amendments

Assembly Bill No. 694.

The following Senate amendment was read:

Amendment No. 1216.

Amend section 1, page 1, by deleting lines 3 through 12 and inserting:

“shall] must be packaged for retail sale [only in units] in:

(a) Units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon [. Containers] ; or

(b) Such other amounts as are approved, jointly, by the state dairy commission and the state sealer of weights and measures.

2. Each container used for the sale of such products [shall be marked upon the side of each container] must:

(a) Be marked with its capacity [. The] ;

(b) Be marked with the name, initial or trade-mark of the manufacturer [shall be marked upon the side or bottom.

2.] ;

(c) Be marked with such other information as required by the state dairy commission and the state sealer of weights and measures; and

(d) If the fluid dairy product is packaged for retail sale in an amount other than a unit of measure listed in paragraph (a) of subsection 1, be marked with its capacity in fluid ounces and a comparison of that quantity with the unit of measure that is closest in volume in sufficient size and prominence to inform the public of the difference in volume.

3. This section does not apply to eating establishments serving milk in”.

Amend the title of the bill, third line, after “sale;” by inserting:

“requiring certain containers used for the sale of such products to be marked with their capacity in fluid ounces and a comparison of that quantity with certain units of measure;”.

Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 694.

Remarks by Assemblyman de Braga.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 472.

The following Senate amendment was read:

Amendment No. 1221.

Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new a new section designate sec. 3, following sec. 2, to read as follows:

“Sec. 3. 1. There is hereby appropriated from the state general fund to the Supreme Court for carrying out the amendatory provisions of this act:

For the fiscal year 1999-2000 $182,612

For the fiscal year 2000-2001 $205,367

2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the title of the bill, second line, after “judges;” by inserting:

“making an appropriation;”.

Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 472.

Remarks by Assemblyman Arberry.

Motion carried.

Bill ordered enrolled.

general file and third reading

Assembly Bill No. 703.

Bill read third time.

Remarks by Assemblyman Arberry.

Roll call on Assembly Bill No. 703:

Yeas—40.

Nays—None.

Excused—Evans, Giunchigliani—2.

Assembly Bill No. 703 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 660.

The following Senate amendment was read:

Amendment No. 998.

Amend section 1, pages 1 and 2, by deleting lines 13 through 15 on page 1 and lines 1 through 5 on page 2 and inserting:

“2. The governor shall:

(a) Determine the”.

Amend section 1, page 2, line 6, after “salaries” by inserting “and benefits”.

Amend section 1, page 2, by deleting lines 11 through 24.

Amend sec. 3, page 3, line 20, by deleting “1.”.

Amend sec. 3, page 3, by deleting lines 23 through 31.

Amend the bill as a whole by deleting sec. 4 and renumbering sec. 5 as sec. 4.

Amend the title of the bill, third line, after “salaries” by inserting “and benefits”.

Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 660.

Remarks by Assemblyman Arberry.

Motion carried.

Bill ordered enrolled.

REMARKS FROM THE FLOOR

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblyman Nolan:

I wanted to share some good news with the Body. We had passed out of this House a bill that, two days ago, the Governor signed into law: AB 239. As some of you might recall, this was a bill which created an account in the Central Repository which could receive contributions and donations. Non-profit organizations that work with kids can access this, so they won’t have to absorb the entire cost of doing background checks on the volunteers that work with kids. Those who had problems initially supporting background checks because of the cost involved now have a viable mechanism by which to do that.

Word got out about the fact that we were creating this account. The first check had already come in and I have a copy of that check. It came in from Wells Fargo, for $1000, to seed the account. Shortly after that, several other businesses got online and many of the business leaders in the House here also started coming up and also matching some contributions. I just want to provide some names and some companies that helped contribute to that particular fund: Howard Hughes Corporation, White Pharmaceuticals, Sprint, Greg Ferraro, Union Pacific Railroad, Barrick Gold Mines, AT&T, Mr. Pappageorge, Wells Fargo, Mr. Vassiliadis, ATC VanCom, and Marilyn Mann. They’ve seeded that account now with $25,000. I would like to offer all those companies and individuals a hand for helping out in this project.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 2:24 p.m.

ASSEMBLY IN SESSION

At 5:43 p.m.

Mr. Speaker presiding.

Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 31, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 564, 598, 698, 701; Senate Bills Nos. 558, 559.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 597, Amendment No. 1228, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Porter and Amodei as a first Conference Committee concerning Senate Bill No. 544.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 64.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 544.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 166.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 558.

Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 559.

Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 544, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA40, which is attached to and hereby made a part of this report.

Joseph E. Dini, Jr.	Ann O'Connell
Morse Arberry Jr.	Jon C. Porter
Richard D. Perkins
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA40.

Amend sec. 17, page 11, line 2, after “inclusive,” by inserting:

“and section 2 of Senate Bill No. 404 of this [act,] session,”.

Amend sec. 17, page 11, line 5, by deleting “to” and inserting:

“to, except as otherwise provided in section 2 of Senate Bill No. 404 of this [act,] session,”.

Amend sec. 20, page 14, line 4, after “inclusive,” by inserting:

“and sections 2 and 3 of Senate Bill No. 404 of this [act,] session,”.

Amend sec. 27, page 17, line 20, after “board,” by inserting:

“except as otherwise provided in sections 2 and 3 of Senate Bill No. 404 of this [act,] session,”.

Amend the bill as a whole by adding a new section designated sec. 42.7, following sec. 42.5, to read as follows:

“Sec. 42.7. Section 3 of Assembly Bill No. 12 of this session is hereby amended to read as follows:

Sec. 3. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of prisons.

(d) The office of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The welfare division of the department of human resources.

(h) The division of health care financing and policy of the department of human resources.

(i) The state board of examiners acting pursuant to chapter 217 of NRS.

(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.

(k) The division of industrial relations of the department of business and industry acting to enforce the provisions of NRS 618.375.

(l) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

2. Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees’ benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

(e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or

(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.”.

Amend sec. 47, page 30, line 16, by deleting “insurance,” and inserting:

“insurance or the public employees’ benefits program,”.

Amend the bill as a whole by adding new sections designated sections 47.2 and 47.3, following sec. 47, to read as follows:

“Sec. 47.2. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:

Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the [state’s program of group insurance] public employees’ benefits program if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the [state’s program of group insurance] public employees’ benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.

2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the [state’s program of group insurance.] public employees’ benefits program. If such a spouse or child elects to join the [state’s program of group insurance,] public employees’ benefits program, the spouse, child or legal guardian of the child must notify in writing the [committee on benefits] board within 60 days after the date of death of the volunteer fireman.

3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the [state’s program of group insurance] public employees’ benefits program for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the [state’s program of group insurance] public employees’ benefits program for the surviving spouse or child who elects to join the [state’s program of group insurance] public employees’ benefits program pursuant to subsection 2.

4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:

(a) The age of 18 years; or

(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

5. As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.

Sec. 47.3. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:

Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the public employees’ benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the public employees’ benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.

2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the public employees’ benefits program. If such a spouse or child elects to join the public employees’ benefits program the spouse, child or legal guardian of the child must notify in writing the board within 60 days after the date of death of the volunteer fireman.

3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the public employees’ benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the public employees’ benefits program for the surviving spouse or child who elects to join the public employees’ benefits program pursuant to subsection 2.

(a) The age of 18 years; or

(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

5. As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.”.

Amend sec. 49, page 30, line 41, after “42,” by inserting “42.7, 47.2,”.

Amend sec. 49, page 31, by deleting line 1 and inserting:

“4. Sections 12.5 and 47.3 of this act become effective on July 1, 1999, for the”.

Amend sec. 49, page 31, line 2, by deleting “July” and inserting “January”.

Amend sec. 50, page 31, line 9, by deleting “to” and inserting “to:”

Amend sec. 50, page 31, line 10, by deleting ““committee” and inserting “(a) “Committee”.

Amend sec. 50, page 31, between lines 11 and 12 by inserting:

“(b) “State’s program of group insurance” to “public employees’ benefits program.””.

Amend sec. 50, page 31, line 13, by deleting “to committee” and inserting:

“to:

(a) “Committee”.

Amend sec. 50, page 31, after line 14 by inserting:

“(b) “State’s program of group insurance” to “public employees’ benefits program.””.

Assemblyman Arberry moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 544.

Remarks by Assemblyman Arberry.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Hettrick moved that Assembly Bill No. 552 be taken from the Chief Clerk's desk and placed at the top of the General File.

Motion lost on a division of the house.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 5:52 p.m.

ASSEMBLY IN SESSION

At 7:47 p.m.

Mr. Speaker presiding.

Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 31, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 702, 703; Senate Bill No. 560.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 72.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 689.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 289.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Senate Bill No. 423.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Senate Bill No. 302.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The second Conference Committee concerning Senate Bill No. 302, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

David R. Parks	William R. O'Donnell
Kathyrn A. McClain	Maurice Washington
John C. Carpenter	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

Assemblyman Parks moved that the Assembly adopt the report of the second Conference Committee concerning Senate Bill No. 302.

Remarks by Assemblyman Parks.

Motion carried.

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 478, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA28, which is attached to and hereby made a part of this report.

Chris Giunchigliani	Ann O'Connell
	Jon C. Porter
Douglas A. Bache	William R. O'Donnell
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA28.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. 1. The commission shall appoint, within the limits of legislative appropriation, a commission counsel who shall perform the duties set forth in this chapter and such other duties as may be prescribed by the commission.

2. The commission counsel must be an attorney who is licensed to practice law in this state.

3. The commission counsel is in the unclassified service of the state.

4. The commission counsel shall devote his entire time and attention to the business of the commission and shall not pursue any other business or occupation or hold any other office of profit that detracts from the full and timely performance of his duties.

5. The commission counsel may not:

(a) Be actively involved in the work of any political party or political campaign; or

(b) Communicate directly or indirectly with a member of the legislative branch on behalf of someone other than himself to influence legislative action, except in pursuit of the business of the commission.”.

Amend sec. 6, page 2, line 31, by deleting “281.511.” and inserting:

“281.511, 294A.345 or 294A.346.”.

Amend sec. 11, page 5, lines 23 and 24, by deleting:

“[~~294A.345 or 294A.346,]~~” and inserting:

“294A.345 or 294A.346,”.

Amend sec. 12, page 5, lines 41 and 42, by deleting:

“of [:

~~(a) This]~~ this” and inserting:

“of:

(a) This”.

Amend sec. 12, page 6, line 1, by deleting “[~~(1)]~~ (a)” and inserting “(1)”.

Amend sec. 12, page 6, by deleting lines 3 through 8 and inserting:

“(2) [~~A determination of the]~~The commission on its own motion . [that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.]

(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.”.

Amend sec. 12, page 6, line 9, by deleting:

“[~~of paragraph (a)]~~” and inserting:

“of paragraph (a)”.

Amend sec. 14, page 8, by deleting lines 10 and 11 and inserting:

“[~~4.]~~ 6. Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the”.

Amend sec. 14, page 8, by deleting lines 15 through 20 and inserting:

“produced the books or papers before the commission. If the witness has been subpoenaed by the commission in response to a request for an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to appear before the court as expeditiously as possible to allow the commission to render its opinion within the time required by NRS 281.477. A certified copy of the order must be served upon the witness.”.

Amend the bill as a whole by adding a new section designated sec. 14.2, following sec. 14, to read as follows:

“Sec. 14.2. NRS 281.477 is hereby amended to read as follows:

281.477 1. If a request for an opinion is filed with the commission pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.

2. Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:

(a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and

(b) Decline to render an opinion.

The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.

3. The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing no later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.

4. A person notified pursuant to subsection 3 shall submit a response to the commission no later than at the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:

(a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and

(b) Prohibit that person from responding and presenting evidence at the hearing.

The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.

5. Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

(a) Be represented by counsel; and

(b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.

6. At the request of:

(a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or

(b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,

the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.

7. The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence. In addition to the other requirements for issuing an opinion pursuant to this subsection, the commission shall not render a final opinion determining that a person has violated NRS 294A.345 or 294A.346 unless a finding that each of the elements of the offense has been proven receives the affirmative vote of two-thirds of the commission.

8. The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.

9. A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.

10. Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.

11. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.

12. Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.”.

Amend the bill as a whole by deleting sec. 16.5.

Amend sec. 17, page 16, by deleting lines 30 through 39 and inserting:

“281.531 1. The [~~attorney general]~~ commission counsel is the legal adviser to the commission. For each opinion [~~he]~~ of”.

Amend sec. 18, pages 17 and 18, by deleting lines 37 through 42 on page 17 and lines 1 through 3 on page 18, and inserting:

“4. [Except as otherwise provided in this subsection, and in]In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the commission, the commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed [$10,000. If the commission finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000.] $5,000.

5. If the commission finds that [a] :”.

Amend sec. 18, page 18, line 9, by deleting “[~~6.]~~”.

Amend sec. 18, page 18, line 16, by deleting “5.” and inserting “6.”.

Amend sec. 18, page 18, lines 27 and 28, by deleting:

“~~employee.~~

~~7.]~~ 6.” and inserting “~~employee.]~~

7.”.

Amend sec. 18, page 18, line 33, by deleting “[~~8.]~~ 7.” and inserting “8.”.

Amend sec. 18, page 18, by deleting lines 36 and 37 and inserting:

“officers or employees. If the commission finds that a public officer or employee has”.

Amend sec. 18, page 19, by deleting lines 1 and 2 and inserting:

“9. The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of”.

Amend sec. 18, page 19, line 4, by deleting “[~~10.]~~ 9.” and inserting “10.”.

Amend sec. 18, page 19, line 22, by deleting “10.” and inserting “11.”.

Amend the bill as a whole by deleting sections 22 and 23 and adding new sections designated sections 22 and 23, following sec. 21, to read as follows:

“Sec. 22. NRS 294A.345 is hereby amended to read as follows:

294A.345 1. A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:

(a) The education or training of the candidate.

(b) The profession or occupation of the candidate.

(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.

(d) Whether the candidate has received treatment for a mental illness.

(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.

(f) Whether another person endorses or opposes the candidate.

(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.

2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.

3. Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. Such a request must be filed with the commission not later than 10 days after the date on which the false statement of fact is alleged to have been made. The commission shall give priority to such a request over all other matters pending with the commission.

4. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.

5. As used in this section:

(a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.

(b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.

Sec. 23. NRS 294A.346 is hereby amended to read as follows:

294A.346 1. An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.

2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:

(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or

(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.

3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.

4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:

(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.

5. Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and 281.477. Such a request must be filed with the commission not later than 10 days after the date of the election with respect to which the alleged violation occurred. The commission shall give priority to such a request over all matters pending with the commission.

6. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.”.

Amend the bill as a whole by deleting sec. 25 and adding a new section designated sec. 25, following sec. 24, to read as follows:

“Sec. 25. Section 5.5 of this act expires by limitation on June 30, 2001.”.

Amend the bill as a whole by deleting the text of repealed sections.

Amend the title of the bill by deleting the second through ninth lines and inserting:

“director and commission counsel and providing their duties; clarifying the intent of the legislature with respect to the Nevada”.

Assemblywoman Giunchigliani moved that the Assembly do not adopt the report of the first Conference Committee concerning Senate Bill No. 478, that a second conference be requested, and that Mr. Speaker appoint a second Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Perkins, Leslie and Tiffany as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 478.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 560.

Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 597.

The following Senate amendment was read:

Amendment No. 1228.

Amend sec. 6, page 5, by deleting line 20 and inserting:

“the maximum rate of tax that it is authorized to impose pursuant to NRS 377B.100;”.

Amend sec. 6, page 5, by deleting line 26 and inserting:

“2. The rate of the tax imposed by subsection 1 is the difference between:

(a) The rate of tax that the board of county commissioners of the county has imposed pursuant to NRS 377B.100; and

(b) The maximum rate of tax that the board of county commissioners of the county is authorized to impose pursuant to NRS 377B.100,

but in no event may the rate imposed by subsection 1 exceed one-eighth of 1”.

Amend sec. 7, page 5, line 34, after “must be” by inserting “administered,”.

Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 597.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Bill ordered enrolled.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 31, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 348, Amendments Nos. 1209, 1226, and respectfully requests your honorable body to concur in said amendments.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 348.

The following Senate amendment was read:

Amendment No. 1209.

Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 60, and the leadlines of repealed sections following the enacting clause, to read as follows:

“Section 1. NRS 385.007 is hereby amended to read as follows:

385.007 As used in this Title, unless the context otherwise requires:

1. “Charter school” means a public school that is formed pursuant to the provisions of NRS 386.500 to 386.610, inclusive[.] , and sections 3 to 8, inclusive, of this act.

2. “Department” means the department of education.

3. “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.

4. “State board” means the state board of education.

Sec. 2. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.

Sec. 3. The subcommittee on charter schools of the state board is hereby created. The president of the state board shall appoint three members of the state board to serve on the subcommittee. Except as otherwise provided in this subsection, the members of the subcommittee serve terms of 2 years. If a member is not reelected to the state board during his service on the subcommittee, his term on the subcommittee expires when his membership on the state board expires. Members of the subcommittee may be reappointed.

Sec. 4. 1. Except as otherwise provided in subsection 3, if the board of trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The board of trustees shall, not later than 10 days after the approval of the application, provide written notice to the department of the approval and the date of the approval. The board of trustees that approves the application shall be deemed the sponsor of the charter school. A written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to (q), inclusive, of subsection 5 of NRS 386.520. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

2. The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.

3. If the board of trustees of a school district is considering an application to form a charter school and determines that the applicant is not yet eligible for the issuance of a charter pursuant to subsection 1, it may, if applicable, hold the application in abeyance and grant a conditional charter to the applicant if the applicant:

(a) Has not obtained a building, equipment or personnel for the charter school; and

(b) Submits proof satisfactory to the entity which is considering the application that acceptance of the application is necessary to obtain the building, equipment or personnel for the charter school.

The board of trustees of a school district that grants a conditional charter pursuant to this subsection shall provide written notice to the state board of its action.

4. A conditional charter expires 1 year after its issuance and is nonrenewable. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school. Before the expiration of a conditional charter, the holder of the conditional charter may submit a supplemental application and request the board of trustees that granted the conditional charter to determine whether the holder is eligible for the issuance of a charter pursuant to subsection 1. The board of trustees shall consider such a request as soon as is practicable.

Sec. 5. 1. The governing body of a charter school may consist of, without limitation, teachers, parents and representatives of nonprofit organizations and businesses.

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

Sec. 6. 1. The governing body of a charter school shall designate a person to draw all orders for the payment of money belonging to the charter school. The orders must be listed on cumulative voucher sheets.

2. The governing body of a charter school shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.

3. An order for the payment of money to a member of the governing body of the charter school may only be drawn for salary, travel expenses, subsistence allowances or for services rendered by the member.

4. An action may not be maintained against any governing body of a charter school or the sponsor of a charter school to collect upon any bill not presented for payment to the governing body within 6 months after the bill was incurred.

Sec. 7. The governing body of a charter school shall adopt rules for the academic retention of pupils who are enrolled in the charter school. The rules must prescribe the conditions under which a pupil may be retained in the same grade rather than promoted to the next higher grade for the immediately succeeding school year.

Sec. 8. If a pupil has successfully completed equivalent courses at a charter school, the pupil must be allowed to transfer the credit that he received at the charter school as applicable toward advancement to the next grade at any other public school or toward graduation from any other public school.

Sec. 9. NRS 386.350 is hereby amended to read as follows:

386.350 Each board of trustees is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the public schools , excluding charter schools, are established and to promote the welfare of school children, including the establishment and operation of schools and classes deemed necessary and desirable.

Sec. 10. NRS 386.450 is hereby amended to read as follows:

386.450 The rules and regulations adopted by the association [shall] must provide for the membership of charter schools, private schools and parochial schools which may elect to join the association.

Sec. 11. NRS 386.460 is hereby amended to read as follows:

386.460 [Any]If a charter school, private school or parochial school [which] elects to become a member of the association [shall be] , the school is subject to the same regulations and requirements and [shall be] is liable for the same fees and charges as [public] other schools within the association.

Sec. 12. NRS 386.505 is hereby amended to read as follows:

386.505 [1.] The legislature hereby declares that by authorizing the formation of charter schools in this state[:

(a) The primary consideration of the legislature is to serve the best interests of pupils who are at risk.

(b) The intention of the legislature is to provide:

(1) The board of trustees of school districts with a method to experiment with providinga variety of independent public schools to the pupils of this state;

(2) A framework for such experimentation;

(3) A mechanism by which the results achieved by charter schools may be measured and analyzed; and

(4) A procedure by which the positive results achieved by charter schools may be replicated and the negative results may be identified and eliminated.

(c) The intention of the legislature is to provide teachers and other educational personnel, parents, legal guardians and other persons who are interested in the system of public education in this state the opportunity to:

(1) Improve the learning of pupils and, by extension, improve the system of public education;

(2) Increase the opportunities for learning and access to quality education by pupils;

(3) Encourage the use of different and innovative teaching methods;

(4) Establish appropriate measures for and assessments of the learning achieved by pupils who are enrolled in charter schools;

(5) Provide a more thorough and efficient system of accountability of the results achieved in public education in this state; and

(6) Create new professional opportunities for teachers and other educational personnel, including, without limitation, the opportunity to increase the accessibility and responsibility of teachers and other educational personnel for the program of learning offered.

2. The legislature declares that by authorizing the formation of charter schools it is not authorizing:

(a) The establishment of a charter school as a justification to keep open an existing public school that would otherwise be closed;

(b) A means for providing financial assistance for private schools or programs of home study; or

Sec. 12.5. NRS 386.510 is hereby amended to read as follows:

386.510 1. Except as otherwise provided in subsection 2:

(a) In a county whose population is more than 400,000, [two] four charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.

(b) In a county whose population is more than 100,000 but less than 400,000, [two] four charter schools may be formed.

2. The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.

Sec. 13. NRS 386.520 is hereby amended to read as follows:

386.520 1. A committee to form a charter school must consist of at least three licensed teachersalone or in combination with:

(a) Ten or more members of the general public;

(b) Representatives of an organization devoted to service to the general public;

(d) Representatives of a college or university within the University and Community College System of Nevada.

2. A committee to form a charter school may not submit an application to form a charter school that proposes to convert [a private school or] a program of study at homeinto a charter school. This subsection does not prohibit a committee to form a charter school from submitting an application that proposes to offer independent study pursuant to NRS 389.155 to pupils who are enrolled in the charter school, including, without limitation, the use of computer programs to provide instruction at home.

3. An application may propose to convert an existing public school into a charter school only if the existing public school is a high school that is a vocational, technical or trade school.

4. An application may propose to convert a private school into a charter school only if the private school is nonsectarian. If such an application is approved and the school operates as a charter school, the school is no longer governed by chapter 394 of NRS and shall comply with NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools.

5. Before a committee to form a charter school may submit an application to the board of trustees of a school district, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:

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

(b) A written description of the educational programs that will be offered by the charter school.

(d) The policy and criteria for admission to the charter school and the justification for the policy and criteria.

(e) The standards of achievement for the charter school, including, without limitation, the:

(1) Academic and other educational results that will be expected of pupils who are enrolled in the charter school;

(2) Time by which such results will be achieved; and

(3) Procedure by which the results will be measured and assessed.

(f) An agreement to provide a written report at the end of each school semester to the parents and legal guardians of pupils who are enrolled in the charter school, the residents of the community, the sponsor of the charter school and the state board. The written report must include the progress of the charter school in meeting the standards of achievement set forth in the application.

(g) The system of governance for the charter school.

(h) The system of organization and operation for the charter school.

(i) The policies, practices and programs of the charter school that will ensure participation and involvement in the activities of the charter school by parents and legal guardians of pupils who are enrolled in the charter school.

(j) The policies and practices of employment by the charter school applicable to the administrators and other employees of the charter school.

(k) The procedure for evaluation of the teachers and other employees of the charter school, if different from the procedure prescribed in NRS 391.3125.

(l) The written rules of behavior required of pupils who are enrolled in the charter school, including, without limitation, disciplinary policies and procedures for the charter school.

(m) A written description of the location of the charter school and the facilities and equipment available to the charter school. The description must include the procedures that will be followed for the disposition of facilities and equipment upon dissolution or nonrenewal of the charter.

(n) Guidelines for determining who is liable if the charter school is dissolved or its application for renewal is not approved.

(o) Procedures for auditing the programs and finances of the charter school.

(p) An agreement that the curriculum of the charter school will focus on the intellectual development of pupils, including, without limitation, the acquisition of identifiable academic and technical skills.

(q) An agreement that the pupils who are enrolled in the charter school will be tested on a regular basis and that copies of the examinations with a letter or numerical grade will be included in the report of progress of the pupil provided to the parents or legal guardian of the pupil.

(r) An agreement that a pupil must achieve a specified level of performance appropriate for his grade level before he is promoted to the next grade.

4.] , and sections 3 to 8, inclusive, of this act.

(b) If the proposal for a charter school includes the conversion of an existing public school as authorized by subsection 3:

(1) Evidence of support from the teachers who are employed full time at the public school that will be converted, demonstrated by:

(I) A petition signed by more than 50 percent of those teachers; or

(II) The written results of an election, in which more than 50 percent of those teachers approved, by secret ballot or otherwise, the proposed conversion; and

(2) Evidence of support from parents and legal guardians and the community in which the proposed charter school will be located, at a level deemed sufficient by the entity to whom the application was submitted.

(1) Evidence of support from the teachers who are employed full time at the private school that will be converted, demonstrated by:

(I) A petition signed by more than 50 percent of those teachers; or

(II) The written results of an election, in which more than 50 percent of those teachers approved, by secret ballot or otherwise, the proposed conversion; and

(2) Evidence of support from parents and legal guardians of pupils who are enrolled in the private school, at a level deemed sufficient by the entity to whom the application was submitted.

(d) If the proposed charter school does not include the conversion of an existing public school or private school, evidence of support from teachers, parents and the community in which the proposed charter school will be located, at a level deemed sufficient by the entity to whom the application was submitted.

(e) If the charter school proposes to offer independent study to pupils who are enrolled in the charter school, including, without limitation, the use of computer programs to provide instruction at home, a written description of:

(1) The plan for independent study; and

(2) The method by which the charter school will comply with the provisions of NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools.

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

(1) Improving the opportunities for pupils to learn;

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

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

(4) Establishing accountability of public schools;

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

(6) Creating new professional opportunities for teachers.

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

(h) The proposed dates of enrollment for the charter school.

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

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

(k) The proposed curriculum for the charter school.

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

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

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

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

(p) The proposed plan for the transportation of pupils to and from the charter school.

(q) A written description of the manner in which teachers of a charter school will be evalutated.

6. The department shall review an application to form a charter school to determine whether it is complete.The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

Sec. 14. NRS 386.525 is hereby amended to read as follows:

386.525 1. Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. [The] If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at [apublic meeting for which] its next regularly scheduled meeting, but not later than 14 days after the receipt of the application, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees shall review the application to determine whether [it is] the application:

(a) Complies with NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and the regulations applicable to charter schools; and

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

2. The department shall assist the board of trustees of a school district in the review of an application. The board of trustees shall approve anapplication if it [is complete.] satisfies the requirements of paragraphs (a) and (b) of subsection 1. Theboard of trustees shall provide written notice to the applicant of its approval or denial of the application.

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

[2. If an application is approved by the board of trustees, the board of trustees and the applicant shall enter into a written agreement concerning the methods and procedures for the board of trustees to monitor the progress of the charter school. The written agreement must authorize the board of trustees and the department to physically inspect the school at any time. The contents of the application set forth in NRS 386.520 and the written agreement entered into pursuant to this subsection shall be deemed the written charter of the charter school. A written charter is for a term of 6 years unless the governing body of the charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.

3. If an application is approved by the board of trustees, the committee to form a charter school that submitted the application shall be deemed the governing body of the charter school.

4. Upon request of the governing body of a charter school and the approval of the board of trustees of the school district that granted the written charter, the written charter may be amended if such amendment will grant to the charter school a greater ability to achieve its educational goals and objectives. An amendment must not authorize an extension of the duration of the term of the written charter.]

4. If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request to the subcommittee on charter schools created pursuant to section 3 of this act, not more than 30 days after receipt of the written notice of denial, to direct the board of trustees to reconsider the application. The subcommittee shall consider requests for reconsideration in the order in which they are received. If the subcommittee receives such a request, it shall consider the request at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the subcommittee shall provide written notice of its determination to the applicant and to the board of trustees. If the subcommittee denies the request for reconsideration, the applicant may, not more than 30 days after the receipt of the written notice from the subcommittee, appeal the determination to the district court of the county in which the proposed charter school will be located.

5. If the subcommittee on charter schools grants a request to direct reconsideration, the written notice to the board of trustees of the school district that denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the subcommittee directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the subcommittee, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the board of trustees, appeal the final determination to the district court of the county in which the proposed charter school will be located.

Sec. 15. NRS 386.535 is hereby amended to read as follows:

386.535 1. The [board of trustees of a school district] sponsor of a charter school may revoke the written charter of the charter school before the expiration of the charter if [a majority of the members of the board of trustees] the sponsor determines that [the] :

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

[1.] (1) The terms and conditions of the written charter[, including, without limitation, the times by which certain academic or educational results would be achieved;

2.] ;

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

[3.] (3) The provisions of NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act or any other statute or regulation applicable to charter schools[.] ;

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

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

2. At least 90 days before the sponsor intends to revoke a written charter, the sponsor shall provide written notice to the governing body of the charter school of its intention. The written notice must:

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

(b) Prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies.

If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall not revoke the written charter of the charter school.

Sec. 16. NRS 386.545 is hereby amended to read as follows:

386.545 The department and the board of trustees of a school district shall:

1. Upon request, provide information to the general public concerning the formation and operation of charter schools;

2. Maintain a list available for public inspection that describes the location of each charter school;

3. [Maintain a list available for public inspection of any buildings or facilities that may be suitable for the operation of a charter school;

4.] Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of NRS 386.500 to 386.610, inclusive , [; and

5.] sections 3 to 8, inclusive, of this act;

4. Provide technical and other reasonable assistance to a charter school for the operation of the charter school[.] ; and

5. Provide information to the governing body of a charter school concerning the availability of money for the charter school, including, without limitation, money available from the Federal Government.

Sec. 17. NRS 386.550 is hereby amended to read as follows:

386.550 A charter school shall:

1. Comply with all laws and regulations relating to discrimination and civil rights.

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

3. Refrain from charging tuition or fees, levying taxes or issuing bonds.

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

5. Comply with the provisions of chapter 241 of NRS.

6. [Schedule]Except as otherwise provided in this subsection, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this subsection. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:

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

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

7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.

8. Comply withapplicable statutes and regulations governing the achievement and proficiency of pupils in this state.

9. Provide instruction in the core academic subjects set forth in subsection 1 of section 35 of this act, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

10. [Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.

11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.] Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

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

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

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

Sec. 18. NRS 386.560 is hereby amended to read as follows:

386.560 1. [A]The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the University and Community College System of Nevada for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation and the provision of health services for the pupils who are enrolled in the charter school.

2. A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district . [and during times that are not regular school hours.]

3. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

4. Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

(a) Space for the pupil in the class or extracurricular activity is available; and

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity.

5. Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the school district if:

(a) Space is available for the pupil to participate; and

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

6. The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.

Sec. 19. NRS 386.565 is hereby amended to read as follows:

386.565 The board of trustees of a school district [that approves the formation of]in which a charter school is located shall not:

1. Assign any pupil who is enrolled in a public school in the school district or any employee who is employed in a public school in the school district to a charter school.

2. Interfere with the operation and management of the charter school except as authorized by the written charter, NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools or its officers or employees.

Sec. 20. NRS 386.570 is hereby amended to read as follows:

386.570 1. [Pupils who are]Each pupil who is enrolled in a charter school, including, without limitation, [pupils who are] a pupil who is enrolled in [programs] a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive[.] , unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.

2. The governing body of a charter school maynegotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer.

3. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year[,] of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 2 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

4. The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.

5. If a charter school uses money received from this state to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

Sec. 21. NRS 386.575 is hereby amended to read as follows:

386.575 1. If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, the governing body of the charter school shall make an assignment of all real property and other property of the charter school to the State of Nevada for the repayment of all money received by the charter school from this state for the operation of the charter school during that year. The governing body shall make full settlement with this state for such repayment, and the state may take any lawful action necessary to recover the money.

2. If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, neither the State of Nevada nor the sponsor of the charter school may be held liable for any claims resulting from the bankruptcy.

Sec. 22. NRS 386.580 is hereby amended to read as follows:

386.580 1. [The policies for admission to a charter school must be consistent with the provisions of the written charter of the charter school and must be directly related to the goals and missions of the charter school.

2.] An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.

[3.] 2. Except as otherwise provided in subsection [5,] 4, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

(a) Race;

(b) Gender;

(d) Ethnicity; or

(e) Disability,

of a pupil.

[4.] 3. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

[5.] 4. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation; or

If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.

Sec. 23. NRS 386.590 is hereby amended to read as follows:

386.590 1. [At least 75]Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, at least 50 percent of the teachers who provide instruction at the charter school must be licensed teachers.

2. A governing body of a charter school [may employ persons who are not licensed teachers to provide instruction at the charter school if not more than 25 percent of teachers who provide instruction at the charter school are not licensed. A person who is employed pursuant to this subsection must:

(a) Possess a temporary license to teach during the time that he is fulfilling the requirements for full licensure;

(b) Possess a baccalaureate degree or higher degree; or

3. A person who is employed pursuant to paragraph (b) or (c) of subsection 2:

(a) Must provide instruction at a charter school only under the direction of a licensed teacher. The licensed teacher must be responsible for all instructional activities of the unlicensed teacher.

(b) May only be selected for employment based upon his qualifications, as determined by the charter school.]shall employ:

(a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.

(b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:

(1) English, including reading, composition and writing;

(2) Mathematics;

(3) Science; and

(4) Social studies, which includes only the subjects of history, geography, economics and government.

(1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.

(2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.

(3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.

3. A charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsection 2 if the person has:

(a) A degree in the field for which he is employed to teach at the charter school; or

(b) At least 2 years of experience in that field.

4. A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

(a) A master’s degree in school administration, public administration or business administration; or

(b) If the person has at least 5 years of experience in administration, a baccalaureate degree.

5. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.

Sec. 24. NRS 386.595 is hereby amended to read as follows:

386.595 1. Except as otherwise provided in this subsection and [subsection 2,] subsections 2 and 3, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.

2. A charter school is exempt from the specific provisions of the collective bargaining agreement that controls the:

(a) Periods of preparation time for teachers, provided that the charter school allows at least the same amount of time for preparation as the school district;

(b) Times of day that a teacher may work;

(d) Number of hours and days that a teacher may work in 1 week; and

(e) Number of hours and days that a teacher may work in 1 year.

If a teacher works more than the number of hours or days prescribed in the collective bargaining agreement, the teacher must be compensated for the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.

3. A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.

[3.] 4. All employees of a charter school shall be deemed public employees.

[4.] 5. The governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable collective bargaining agreement contains separate provisions relating to the discipline of licensed employees of a school.

[5.] 6. If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.

[6.] 7. The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

[7.] 8. An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

[8.] 9. Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.

[9.] 10. An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.

[10.] 11. For all employees of a charter school:

(a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.

(b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

12. If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

(a) Ensure that the premiums for that insurance are paid to the board of trustees; and

(b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

Sec. 25. NRS 386.605 is hereby amended to read as follows:

386.605 1. On or before April 15 of each year, the governing body of each charter school shall submit the information concerning the charter school that is contained in the report required pursuant to subsection 2 of NRS 385.347 to the:

(a) Governor;

(b) State board;

(d) Legislative committee on education created pursuant to NRS 218.5352; and

(e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.

2. On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body that is contained in the report pursuant to paragraph (q) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.

3. On or before June 15 of each year, the governing body of each charter school shall:

(a) Prepare:

(1) A separate written report summarizing the effectiveness of the charter school’s program of accountability during the school year. The report must include:

(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based; and

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

(2) A written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.

(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:

(1) Governor;

(2) State board;

(3) Department;

(4) Legislative committee on education created pursuant to NRS 218.5352; and

(5) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.

4. The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.

5. The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the charter school adopted by the governing body pursuant to [NRS 354.598.] the regulations of the department.

6. The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

Sec. 26. NRS 387.123 is hereby amended to read as follows:

387.123 1. The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district or pupils who reside in the county in which the school district is located and are enrolled in any charter school for:

(a) Pupils in the kindergarten department.

(b) Pupils in grades 1 to 12, inclusive.

(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

(e) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560.

(f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

(g) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma[.] , excluding those pupils who are included in paragraphs (e) and (f).

2. The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:

(a) The maintenance of an acceptable standard of instruction;

(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

4. A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.

Sec. 27. NRS 387.1233 is hereby amended to read as follows:

387.1233 1. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year,including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school[.] on the last day of the first school month of the school district for the school year.

(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school[.] on the last day of the first school month of the school district for the school year.

(3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

(4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

(5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

(6) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

2. If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year [in a school district or a charter school]is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.

3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.

5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.

Sec. 28. NRS 387.124 is hereby amended to read as follows:

387.124 Except as otherwise provided in NRS 387.528:

1. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall , except as otherwise provided in subsections 2 and 3, apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

2. The governing body of a charter school may submit a written request to the superintendent of public instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the superintendent of public instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

3. 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. 29. NRS 387.1243 is hereby amended to read as follows:

387.1243 1. The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.

2. The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county in which the school district is located certify to the department of education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:

(a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and

(b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.

If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the distributive school account in the state general fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.

3. On or before August 1 of each year, the board of trustees of a school district shall provide to the department, in a format prescribed by the department, the count of pupils calculated pursuant to subparagraph (6) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the department must be included in the final adjustment computed pursuant to subsection 4.

4. A final adjustment for each school district and charter school must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district or a charter school located within the school district described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:

(a) A 3 percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by 2 percent.

(b) A 6 percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by an additional 2 percent.

[4.] 5. If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.

Sec. 30. NRS 387.185 is hereby amended to read as follows:

387.185 1. Except as otherwise provided in subsection 2 and NRS 387.528, 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. Except as otherwise provided in NRS 387.528, 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 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.

4. [All]Except as otherwise provided in this subsection, all school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body 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. If the superintendent of public instruction has approved, pursuant to subsection 2 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the state treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.

Sec. 31. NRS 388.020 is hereby amended to read as follows:

388.020 1. An elementary school is a public school in which [no] grade work is not given above that included in the eighth grade, according to the regularly adopted state course of study.

2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the state board. The school is an elementary or secondary school for the purpose of [teachers’ certifications.] the licensure of teachers.

3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of [teachers’ certifications.] the licensure of teachers.

4. A special school is an organized unit of instruction operating with approval of the state board.

5. A charter school is a public school that is formed pursuant to the provisions ofNRS 386.500 to 386.610, inclusive[.] , and sections 3 to 8, inclusive, of this act.

Sec. 32. NRS 388.367 is hereby amended to read as follows:

388.367 1. There is hereby created in the state treasury the fund for the school to careers program to be administered by the state board. The superintendent may accept gifts and grants of money from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may be reduced only by specific legislative action. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to careers adopted pursuant to NRS 388.368.

3. Money in the fund must not be:

(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.

4. The state board shall establish annually, within the limits of money available in the fund, a basic allocation of:

(a) Twenty-five thousand dollars to each school district and each university and community college within the University and Community College System of Nevada whose application to participate in the program adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of that section.

(b) Not more than $25,000 to each charter school whose application to participate in the program adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of that section.

5. Any money remaining after the allocations made pursuant to subsection 4 must be allocated to:

(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the district on the last day of the first school month of the school district for the school yearpreceding the school year for which the money is being provided;

(b) Charter schools with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the charter school on the last day of the first school month of the school district in which the charter school is located for the school year preceding the school year for which the money is being provided; and

(c) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.

Sec. 33. NRS 388.380 is hereby amended to read as follows:

388.380 1. Except as otherwise provided in subsection 2, the board of trustees of a school district in a county whose population is 100,000 or more shall and any other board of trustees of a school district may:

(a) Establish and maintain occupational schools or classes giving instruction in the subjects approved by the state board for occupational education.

(b) Raise and expend money for the establishment and maintenance of occupational schools or classes.

2. The board of trustees of each school district shall incorporate into the curriculum:

(a) Occupational guidance and counseling[;] in accordance with NRS 389.180; and

(b) Technology . [,

in accordance with the courses of study adopted by the state board pursuant to NRS 389.170 and 389.180.]

Sec. 34. NRS 388.700 is hereby amended to read as follows:

388.700 1. Except as otherwise provided in subsections 2 [and 3,] , 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.

2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.

3. The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

4. The state board shall, on or before February 1 of each odd‑numbered year, report to the legislature on:

(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.

(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.

5. The department shall, on or before November 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:

(a) The number of teachers employed;

(b) The number of teachers employed in order to attain the ratio required by subsection 1;

(d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

during the current school year in kindergarten and grades 1, 2 and 3 for each school district.

6. The provisions of this section do not apply to a charter school.

Sec. 35. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente youth center and the Nevada youth training center:

(a) English, including reading, composition and writing;

(b) Mathematics;

(d) Social studies, which includes only the subjects of history, geography, economics and government.

(a) The arts;

(b) Computer education and technology;

(d) Physical education.

3. The state board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:

(a) The academic subjects set forth in subsections 1 and 2.

(b) Citizenship and physical training for pupils enrolled in high school.

(d) Instruction relating to child abuse.

(e) The economics of the American system of free enterprise.

(f) American Sign Language.

(g) Environmental education.

(h) Adult roles and responsibilities.

A course of study established for paragraph (a) may include one or more of the subjects listed in paragraphs (b) to (h), inclusive.

Sec. 36. NRS 389.010 is hereby amended to read as follows:

389.010 Except as otherwise provided in NRS [389.170 and] 389.180, boards of trustees of school districts shall enforce in schools the courses of study prescribed and adopted by the state board.

Sec. 37. NRS 389.160 is hereby amended to read as follows:

389.160 1. A pupil enrolled in high school , including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school, who successfully completes a course of education offered by a community college or university in this state which has been approved pursuant to subsection 2, must be allowed to apply the credit received for the course so completed to the total number of credits required for graduation from high school[.] or the charter school in which the pupil is enrolled.

2. With the approval of the state board, the board of trustees of each county school district and the governing body of each charter school shall prescribe the courses for which credits may be received pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.

Sec. 38. NRS 391.060 is hereby amended to read as follows:

391.060 1. Except as otherwise provided in NRS 391.070, it is unlawful for:

(a) The superintendent of public instruction to issue a license to, or a board of trustees of a school district or a governing body of a charter school to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.

(b) The state controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.

2. Any person who violates any of the provisions of this section is guilty of a misdemeanor.

Sec. 39. NRS 391.070 is hereby amended to read as follows:

391.070 [Nothing in NRS 391.060 or in any other law prohibits the employment, by a] The board of trustees of a school district[, of any] or the governing body of a charter school, may employ a teacher or instructor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States.

Sec. 40. NRS 391.200 is hereby amended to read as follows:

391.200 The salaries of [the teachers] :

1. Teachers and other licensed personnel in a school district , as determined by the contracts between the teachers and other licensed employees and the board of trustees ; and

2. Teachers in a charter school,

are prior claims upon the school district fund.

Sec. 41. NRS 391.230 is hereby amended to read as follows:

391.230 1. [Upon]Except as otherwise provided in subsection 3, upon the opening of any public school in this state, every teacher and other licensed employee employed for that school shall file with the superintendent of the county school district a Nevada license entitling the holder to teach or perform other educational functions in the school in which he will be employed, and any other report that the superintendent of public instruction requires.

2. The superintendent of the county school district shall acknowledge the receipt of each license and shall make a proper record thereof in his office. The license must remain on file and be safely kept in the office of the superintendent of the county school district.

3. This section does not apply to unlicensed teachers who are employed by a charter school.

Sec. 42. NRS 391.240 is hereby amended to read as follows:

391.240 [Each]

1. Except as otherwise provided in subsection 2, each teacher in the public schools shall keep a true, full and correct register of all pupils attending such school as required by the board of trustees of the school district in accordance with the regulations prescribed by the superintendent of public instruction.

2. Each teacher in a charter school shall keep a record of the enrollment of pupils in the charter school in accordance with the regulations prescribed by the superintendent of public instruction.

Sec. 43. NRS 391.273 is hereby amended to read as follows:

391.273 1. [Unless specifically exempted pursuant to subsection 4,]Except as otherwise provided in subsections 4 and 9, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.

2. Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.

3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.

4. Upon application by a superintendent of schools, the superintendent of public instruction may grant an exemption from the provisions of subsection 1. The superintendent shall not grant an exemption unless:

(a) The duties are within the employee’s special expertise or training;

(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;

(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;

(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and

(e) The unlicensed employee submits his fingerprints for an investigation pursuant to NRS 391.033.

5. The superintendent of public instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district[,] and advise the clerk of any changes therein. The record must contain:

(a) The name of the exempt employee;

(b) The specific instructional duties he may perform;

(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.

6. The superintendent of public instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.

7. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teacher’s aide to serve as a teacher unless the person is a legally qualified teacher licensed by the superintendent of public instruction. As used in this subsection, “emergency” means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.

8. If the superintendent of public instruction determines that the board of trustees of a school district has violated the provisions of subsection 7, he shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:

(a) The number of days on which the violation occurred;

(b) The number of pupils in the classroom taught by the teacher’s aide; and

9. The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school.

Sec. 44. NRS 392.035 is hereby amended to read as follows:

392.035 1. In determining the mobility of pupils in a school, for any purpose, the department shall divide the sum of the following numbers by the cumulative enrollment in the school:

(a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;

(b) The number of pupils reentering the school after having withdrawn from the same school; and

2. To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a), (b) , [and] (c) , (e) and (f) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.

3. The department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.

Sec. 45. NRS 392.070 is hereby amended to read as follows:

392.070 1. Attendance required by the provisions of NRS 392.040 [shall] must be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the state board . [of education.]

2. The board of trustees of each school district shall provide programs of special education and related services for children who are exempt from compulsory attendance pursuant to subsection 1 and receive instruction at home. The programs of special education and related services required by this section must be made available:

(a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive;

(b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and

(c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.

3. Except as otherwise provided in subsection 2 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or who receives instruction at home, the board of trustees of the school district in which the child resides shall authorize the child to participate in a class that is not available to the child at the private school or home school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

(a) Space for the child in the class or extracurricular activity is available; and

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity.

If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity.

4. Except as otherwise provided in subsection 2 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or who receives instruction at home, the board of trustees of the school district in which the child resides shall authorize the child to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the school district if:

(a) Space is available for the pupil to participate; and

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

If the board of trustees of a school district authorizes a child to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the child to participate.

5. The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 3 and 4 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.

6. The programs of special education and related services required by subsection 2 may be offered at a public school or another location that is appropriate.

7. The department may adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 2.

8. As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401(22).

Sec. 46. NRS 392.466 is hereby amended to read as follows:

392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must:

(a) Be permanently expelled from that school; and

(b) Receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.

2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must:

(a) Be permanently expelled from the school; and

(b) Receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.

The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.

3. Except as otherwise provided in this section, any pupil who is a habitual disciplinary problem as set forth in NRS 392.4655 must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070.

4. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act , [(]20 U.S.C. §§ 1400 et seq.[).]

7. As used in this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand‑club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

(c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

Sec. 47. NRS 393.010 is hereby amended to read as follows:

393.010 The board of trustees of a school district shall:

1. Manage and control the school property within its district[.] , except for any property belonging to a charter school.

2. Have the custody and safekeeping of the district schoolhouses, their sites and appurtenances.

Sec. 48. NRS 394.103 is hereby amended to read as follows:

394.103 “Private schools” means private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child who is excused from compulsory attendance pursuant to subsection 1 of NRS 392.070.

Sec. 49. NRS 41.0305 is hereby amended to read as follows:

41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term “political subdivision” includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an “eligible entity” pursuant to 42 U.S.C. § 9902, the Nevada rural housing authority, an airport authority created by special act of the legislature, a regional transportation commission and a fire protection district, irrigation district, school district , governing body of a charter school and other special district that performs a governmental function, even though it does not exercise general governmental powers.

Sec. 50. NRS 41.0307 is hereby amended to read as follows:

41.0307 As used in NRS 41.0305 to 41.039, inclusive:

1. “Employee” includes an employee of a [part-time] :

(a) Part-time or full-time board, commission orsimilar body of the state or a political subdivision of the state which is created by law.

(b) Charter school.

2. “Employment” includes any services performed by an immune contractor.

3. “Immune contractor” means any natural person, professional corporation or professional association which:

(a) Is an independent contractor with the state pursuant to NRS 284.173; and

(b) Contracts to provide medical services for the department of
prisons.

As used in this subsection, “professional corporation” and “professional association[,] ”have the meanings ascribed to them in NRS 89.020.

4. “Public officer” or “officer” includes:

(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.

(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.

Sec. 51. NRS 286.070 is hereby amended to read as follows:

286.070 1. “Public employer” means the state, one of its agencies or one of its political subdivisions, the system, irrigation districts created under the laws of the State of Nevada, a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500, a public or quasi-public organization or agency that is funded, at least in part, by public money, including a regional transportation commission, a governing body of a charter school and a council of governments created pursuant to the laws of the State of Nevada.

2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit money with the state treasurer.

Sec. 52. NRS 332.185 is hereby amended to read as follows:

332.185 1. Except as otherwise provided in subsection 3 and NRS 334.070, all sales or leases of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property; but the governing body or its authorized representative may sell any such personal property at public auction if it deems such a sale desirable and in the best interests of the local government.

2. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district without regard to:

(a) The provisions of this chapter; or

(b) Any statute, regulation, ordinance or resolution that requires:

(1) The posting of notice or public advertising.

(2) The inviting or receiving of competitive bids.

(3) The selling or leasing of personal property by contract or at a public auction.

3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.

Sec. 53. NRS 463.385 is hereby amended to read as follows:

463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

2. The commission shall:

(a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

3. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

4. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.

5. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:

(a) The first $5,000,000 of the tax in the capital construction fund for higher education;

(b) Twenty percent of the tax in the special capital construction fund for higher education; and

6. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377,the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University and Community College System of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the University and Community College System of Nevada to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.

7. After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University and Community College System of Nevada, including, but not limited to, capital improvement projects for the community colleges of the University and Community College System of Nevada. As used in this subsection, “construction” includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund but remains in those funds for authorized expenditure.

8. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of the state at the times and in the manner provided by law.

9. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.

Sec. 54. Section 8 of Senate Bill No. 341 of this session is hereby amended to read as follows:

Sec. 8. NRS 332.185 is hereby amended to read as follows:

332.185 1. Except as otherwise provided in subsection 2 and NRS 334.070, all sales or leases of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property . [; but the] The governing body or its authorized representative may sell any such personal property at public auction if it determines that the property is no longer required for public use and deems such a sale desirable and in the best interests of the local government.

2. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district without regard to:

(a) The provisions of this chapter; or

(b) Any statute, regulation, ordinance or resolution that requires:

(1) The posting of notice or public advertising.

(2) The inviting or receiving of competitive bids.

(3) The selling or leasing of personal property by contract or at a public auction.

3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.

Sec. 55. 1. NRS 386.505, 389.050, 389.060, 389.075, 389.080, 389.083, 389.110, 389.120, 389.130, 389.140, 389.170 and 389.190 are hereby repealed.

2. NRS 386.510 is hereby repealed.

Sec. 56. 1. There is hereby appropriated from the state general fund to the department of education for disbursement to the Andre Agassi Foundation the sum of $600,000 for the expansion of the Andre Agassi Boys and Girls Club Education Center in Southern Nevada.

2. The superintendent of public instruction shall disburse the appropriation made by subsection 1 to the Andre Agassi Foundation only if the superintendent and the chief of the budget division of the department of administration determine that the Andre Agassi Foundation has received money from the Federal Government in an amount sufficient to assist the foundation in the expansion of the Andre Agassi Boys and Girls Club Education Center in Southern Nevada.

3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 57. 1. There is hereby appropriated from the state general fund to the department of education:

For the fiscal year 1999-2000 $57,845

For the fiscal year 2000-2001 $59,155

2. The money appropriated by subsection 1 must be used for:

(a) The travel and operating expenses of the three members of the state board of education who are appointed to the subcommittee on charter schools created pursuant to section 3 of this act;

(b) A half-time education consultant; and

(c) A quarter-time Management Assistant I to assist the consultant and the subcommittee with work relating to charter schools.

3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 58. 1. The subjects taught in public schools pursuant to subsections 1 and 2 of section 35 of this act must be in accordance with the standards of content and performance established for grade levels by the council to establish academic standards for public schools.

2. The courses of studyestablished by the state board of education pursuant to paragraph (a) of subsection 3 of section 35 of this act must comply with and carry out the standards of content and performance that are submitted to the state board of education by the council to establish academic standards for public schools.

Sec. 59. 1. Notwithstanding the amendatory provisions of this act, the board of trustees of a school district that has entered into a written charter with a charter school before July 1, 1999, shall continue to sponsor the charter school. The governing body of a charter school may submit a written request for an amendment of the written charter of the charter school in accordance with the amendatory provisions of this act. If the proposed amendment complies with NRS 386.500 to 386.610 inclusive, and sections 3 to 8, inclusive, of this act and any other statute or regulation applicable to charter schools, the sponsor of the charter school shall amend the written charter in accordance with the proposed amendment.

2. A charter school that has entered into a written charter with the board of trustees of a school district before July 1, 1999, may, upon the expiration of its written charter, apply for renewal of the charter to the board of trustees of the school district in accordance with the amendatory provisions of this act.

Sec. 60. 1. This section and sections 56 and 57 of this act become effective upon passage and approval.

2. Sections 1 to 12, inclusive, 13 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.

3. Subsection 1 of section 55 of this act becomes effective on July 1, 1999.

4. Section 12.5 of this act becomes effective on July 1, 2001.

5. Subsection 2 of section 55 of this act becomes effective on July 1, 2003.

LEADLINES OF REPEALED SECTIONS

386.505 Legislative declaration concerning formation of charter schools.

386.510 Limitation on number of charter schools that may be formed in certain counties; exception for charter schools that provide education for pupils at risk.

389.050 Instruction in high school in citizenship and physical training; employment of teachers of physical training.

389.060 Instruction in physiology, hygiene and cardiopulmonary resuscitation.

389.075 Instruction relating to child abuse.

389.080 Instruction in economics of American system of free enterprise.

389.083 American Sign Language: Approval of course work; credit as foreign language.

389.110 Environmental education: Instruction in environmental preservation and protection, principles of ecology and conservation of resources.

389.120 Environmental education: Counseling programs.

389.130 Environmental education: Programs for outdoor education and camping.

389.140 Environmental education: Duties of superintendent of public instruction.

389.170 Course of study: Technology.

389.190 Course of study: Adult roles and responsibilities.”.

Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

“Whereas, The primary consideration of the legislature in enacting legislation to authorize charter schools is to serve the best interests of all pupils, including pupils who may be at risk; and

Whereas, The intention of the legislature is to provide:

1. The board of trustees of school districts with a method to experiment with providing a variety of independent public schools to the pupils of this state;

2. A framework for such experimentation;

3. A mechanism by which the results achieved by charter schools may be measured and analyzed; and

4. A procedure by which the positive results achieved by charter schools may be replicated and the negative results may be identified and eliminated; and

Whereas, It is further the intention of the legislature to provide teachers and other educational personnel, parents, legal guardians and other persons who are interested in the system of public education in this state the opportunity to:

1. Improve the learning of pupils and, by extension, improve the system of public education;

2. Increase the opportunities for learning and access to quality education by pupils;

3. Encourage the use of different and innovative teaching methods;

4. Establish appropriate measures for and assessments of the learning achieved by pupils who are enrolled in charter schools;

5. Provide a more thorough and efficient system of accountability of the results achieved in public education in this state; and

6. Create new professional opportunities for teachers and other educational personnel, including, without limitation, the opportunity to increase the accessibility and responsibility of teachers and other educational personnel for the program of learning offered; now, therefore,”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; creating a subcommittee on charter schools of the state board of education; revising the process for the review and approval of an application to form a charter school; providing for a process of appeal if the board of trustees of a school district denies an application for a charter school; revising provisions governing the employment and compensation of employees of charter schools; revising various other provisions governing charter schools; prescribing the academic subjects for public schools; repealing certain courses of study; requiring the boards of trustees of school districts to provide certain services under certain circumstances to children in private schools, charter schools and home schools; revising provisions governing the computation of basic support to include children in private schools, charter schools and home schools who are enrolled in classes in public schools; revising various other provisions governing the system of public education; making appropriations; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing charter schools and makes various changes to public education. (BDR 34‑1410)”.

Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 348.

Remarks by Assemblymen Williams, Giunchigliani, Anderson and Bache.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. I do have a couple of questions and then I have a comment, if I might. On page 21, and I apologize, because we just got these, so I’m just trying to get through it. It states that if a board of trustees offers the group insurance plan for its employees, that the trustees must allow them to negotiate, to participate in the same plan.

It is page 33. The question is if it allows for them to negotiate with the Board of Trustees for group insurance. Many of the Boards of Trustees no longer offer the group insurance and I’m wondering if this anticipated the fact that many of the teacher’s associations now are the one’s who actually authorize that.

Assemblyman Williams:

Thank you, Mr. Speaker. To you and through you, to my colleague from Assembly District 9. This language in section 24 allows the charter school to negotiate with the school district, if the school district manages a group health insurance program and only if they manage an insurance program. If they do not, in fact, they can negotiate with an association.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. The other question, I believe, and I haven’t found a section yet. What percentage of teachers are allowed now to be unlicensed in the school?

Assemblyman Williams:

Thank you, Mr. Speaker. Under current law, in the statutes, in a charter school and other schools, 75 percent of the teachers are licensed as licensed teachers through the state Department of Education. Twenty-five percent are licensed with a license or certificate in the area in which they would attempt to participate in a classroom, under the supervision of a teacher. With this amendment, that ratio goes from 70 to 30, which means if there were 20 teachers in a charter school, 15 of those teachers would be licensed by the state Department of Education. Under this amendment, it would be moved to 14.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. So, it reduces it by about five percent on either end?

Assemblyman Williams:

Mr. Speaker, to you and through you, the answer is: yes.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. I believe I just found on page 28, at least 50 percent of the teachers then, in a vocational school, was that new language? That they even deal with the vocational school last time?

Assemblyman Williams:

Thank you, Mr. Speaker. To you and through you, to my colleague from District 9. In reference to upstart of vocational schools, the language now states that vocational schools who are upstart as charter schools, the desire would be to have as many as those teachers licensed as teachers, but to go no lower than 50 percent as licensed teachers. I would say, Mr. Speaker, currently in Nevada, with vocational schools, many of those schools have less than 50 percent of licensed teachers. That is something that is not really new in the statutes.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. On page 71, there is an appropriation to the Andre Agassi Foundation for the construction of a school. Is that correct?

Assemblyman Williams:

Thank you, Mr. Speaker. That is correct. Under this particular amendment, there is a collaboration of federal, private, and in this case, if this amendment passes, state agreement to upstart this particular school. With the concept in mind, and the new language will be added into the statutes this year, schools that would have the ability to generate this type of collaboration of funding, would probably be conducive to looking at that type of appropriation. We’re looking at, in Nevada, a new direction towards reform. And these are public schools, just as we all agree, that additional state funding for public schools in Nevada for construction, is something new that we’re looking at. As a matter of fact, the leadership of my colleague from District 9 has led, for the first time, money for construction for public schools, particularly in the rural areas. If our commitment is truly toward reform, for public schools, which this is, then we feel this appropriation is appropriate.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. I think, maybe, a final question. That is section 56, and it’s an amount of $600,000 for the expansion of the Andre Agassi Boys and Girls Club Center. Is that what it is for? Or is it for construction of a school? This is confusing to me.

Assemblyman Williams:

Thank you, Mr. Speaker. Specifically, this particular project is a charter school that exceeds the amount of $4.3 million. This money would be used towards the construction of this particular school. At this particular site, there is a Boys and Girls Club and there is a satellite community college site as well. For this two-story school, the money will be used specifically for that particular purpose.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. And I appreciate the chair of Education for being patient to get through this in a quick period of time without being able to read through it. I have to rise in opposition to this amendment. For a few reasons. One, I guess I have a concern. We are dealing with standards and increasing standards continually, not only in education but also what we require from our public school teachers. I think it is a bad step forward to lessen the amount of qualifications or license people that would be teaching in a charter school, which this bill does. In addition to that, I have a concern that this started out as the original bill in another piece of legislation. I see the language which solely was to allow for the flexibility of scheduling, in order for the charter schools to have that hiring time and doing a flex schedule for their students. That was what the original intent of the charter legislation was and now we have a 70-page amendment that we are supposed to read in five minutes. Even more importantly, I think the issue is this: school construction. For four years, it took us an opportunity to pass legislation to bring the state into a partnership to begin to deal with public schools, for school construction. The original request in the bill we just approved, in May of 1997, had been for General Fund money, reversion money. And yet, that was told no way will we give General Fund money to public schools. The next thing we know, is this bill comes in with a $600,000 appropriation straight out of the General Fund for a charter school, for school construction.

I am concerned about the precedent that this is taking. I have raised this issue in the halls and I was assured there would be language in this bill that would clarify that this is not prejudicial, otherwise, I think we need to come back next session for General Fund money for current K-12 public schools, not just for rural counties, but for all of our counties that deserve an opportunity to be able to rebuild facilities which are crumbling around us.

Finally, Mr. Speaker, I want to point out that Assembly Bill 348 originally had a signature of the name of every single person in both Houses. That was because we believed in the bill which had gone forward, which was one to deal with deaf children, sponsored by my colleague from Assembly District 15. All of our names are on it, and whether you agree or disagree with this, I think it is unfortunate that our names have to still be out here as if we are in support of this piece of legislation. Recognizing the time period, we did not go down and request an amendment. But at some point, I wanted to note that many of us did not wish to have our name still associated with this. Thank you, Mr. Speaker.

Assemblyman Anderson:

Thank you, Mr. Speaker. Many of my concerns about the amendment have been raised. I think there are only two questions that I’d like to hear a response to. The first would be, in light of the amendment, and the opportunity for students to move in to the public school system for particular classes and then out, for other events, other than athletic ones. That is still out of this bill, I believe. I need assurance that this is still out. It’s not possible for someone from a charter school to come over and then participate in an athletic event in a public school?

Assemblyman Williams:

Thank you, Mr. Speaker. We must remember that these are public schools. But I am sure my colleague is speaking of traditional public schools. Specifically with sports, if a student was enrolled in a charter school, that is a junior high school, the school that that student would normally be zoned for, in a traditional public school, that student could participate in athletics at that school he is zoned for. That student would not have the ability to selectively hop around any school district to select any place that student could participate. Secondly, if there was a traditional public school, that was in the vicinity of a charter school that he attended, that student would be allowed to participate in athletics as well. The original proposal that was brought to us earlier in the session that would allow students to selectively pick a school and go play sports—that is not in there. If a student, for instance, is attending a charter school in North Las Vegas, and that student lived in Green Valley, and was zoned for Green Valley Junior High School, that student could participate at that school that he was normally zoned for. He could play at Green Valley Junior High School, but he could not select any other school within the school district in Clark County and participate.

Assemblyman Anderson:

My second question would be, does that still hold that a student would be able to move from a charter school, to take a specialized class that is only offered at a particular school within the district, even if its outside his zone of attendance.

Assemblyman Williams:

Mr. Speaker, to you and through you, to my colleague from Sparks. Because of the technicality of having both amendments, which had nothing with this body’s doing, it was something that happened in the other House, but even so, we can still deal with the information that members need for this particular amendment. We have two amendments. The larger amendment is of the first reprint. There are clarifications and there are things in the first amendment that was not acceptable to members of the other House and members of the educational community. Those things are clarified in the second amendment. If the first amendment, because we have to still discuss the first amendment, brings about confusion, we’ll still take the time to clarify those things in the second amendment and take the time on the floor to do so. But to specifically answer the question, any type of extra-curricular class, like athletics or anything else, if that class is offered at a school the student would normally be zoned for, that student in the charter school will have the opportunity to take that particular class. The student would not have the ability to hop around from place to place within a particular school district, they would only be able to take advantage of opportunities that he would normally have to anyway, because of where he lives. Keep in mind, these schools, whether they are traditional public schools or a charter school in Nevada, they are still public schools.

Assemblyman Anderson:

Two questions in closing. The first deals with the student in the charter school does nor does not have to take the state Standard Proficiency Test. Is that recorded as part of the overall school district or not?

Assemblyman Williams:

Mr. Speaker, to you and through you, to my colleague from Sparks. The answer is in the affirmative. These students who are enrolled in charter schools will have to take the same classes for graduation, which includes 22.5 credits. Those students will also have to take the High School Proficiency Test for completion of graduation in getting their diploma. There is no difference. And as well, Mr. Speaker, if I might, this question may come up, teachers who are teaching in traditional schools or charter schools: their evaluations will also be handled in the same way. They will have the same requirements as teachers, the parameters within their evaluations will be of the same as any particular teacher in a public school.

Assemblyman Anderson:

The point of my concern here rests with the fact that the student, whether he is in the charter school, which is a public school, or the traditional public school, will still have to meet the criteria of the state Reference Proficiency Test. Those will still be reported as part of the overall average and whether they are in traditional classrooms or at the charter school sight, or back and forth, they will still be held accountable for the same level of degree.

Assemblyman Williams:

Thank you, Mr. Speaker. To you and through you to my colleague from Sparks, the answer is yes. We must keep in mind that even though a student will have enrolled in a charter school, that student and their families may opt to take those students out before graduation and place them in a traditional public school. We must be assured, and this particular language assures that, those students will still have the opportunities and classes to graduate, if they move back to a traditional public school. It is unfair, illogical, and unreasonable to have a different standard in these schools because these students have no guarantee that they’ll stay in a school four years. They may go back and forth between the charter school and the public school. This assures that they lose nothing in reference to attaining the core classes and electives that they need to graduate from a Nevada high school.

Assemblyman Bache:

Thank you, Mr. Speaker. Following up on my colleague, the chair from Judiciary, on section 18, subsection 4 and 5, not specifically, can they take the classes, but the money that I assume follows the student wherever they are. How will the school know where they’re going to do these extracurricular activities or take this additional class? How is that school district going to receive the money for taking on that responsibility of providing these services to those students?

Assemblyman Williams:

Mr. Speaker, to you and through you, to my colleague from Assembly District 11. The money for these particular classes, if that would happen in one of these schools, would follow that particular student. The schools would not lose any money. The school district would still get that particular money. The individual school district, regardless of which of the seventeen counties that might be, would still have the responsibility, obligation, and right to receive those dollars for that student that takes that particular class.

Assemblyman Bache:

Thank you, Mr. Speaker. To you and through you to the chair of Education, what is the mechanism for that occurring? How exactly does that happen?

Assemblyman Williams:

Thank you, Mr. Speaker. In that particular case, those particular funds would be pro-rated, counted into the fund and the percentage of that particular time spent in class would be duly appropriated in the appropriate manner to assure that the school district received the allotted and appropriate money in those particular cases.

Motion carried.

The following Senate amendment was read:

Amendment No. 1226.

Amend sec. 4, page 3, line 28, by deleting “(q),” and inserting “(n),”.

Amend sec. 4, page 3, line 29, by deleting “5” and inserting “2”.

Amend sec. 5, page 4, by deleting lines 18 and 19 and inserting:

“Sec. 5. 1. The governing body of a charter school shall consist of at least three teachers, as defined in NRS 391.311, and may consist of, without limitation, parents and representatives of nonprofit”.

Amend sec. 12, page 5, by deleting lines 24 and 25 and inserting:

“386.505 [1. The legislature hereby declares that by authorizing the formation of charter schools in this state:”.

Amend sec. 12, page 6, by deleting lines 11 through 18 and inserting:

educational personnel for the program of learning offered.

2.] The legislature declares that by authorizing the formation of charter schools it is not authorizing:

[(a)] 1. The establishment of a charter school as a justification to keep open an existing public school that would otherwise be closed;

[(b)] 2. A means for providing financial assistance for private schools or programs of home study; or

[(c)] 3. The formation of charter schools on the”.

Amend sec. 13, page 6, by deleting line 34 and inserting:

“least three [licensed] teachers , as defined in NRS 391.311, alone or in combination with:”.

Amend sec. 13, pages 6 and 7, by deleting lines 41 through 43 on page 6 and lines 1 through 14 on page 7, and inserting:

“2. [A committee to form a charter school may not submit an application to form a charter school that proposes to convert a private school or a program of study at home into a charter school.]”.

Amend sec. 13, page 7, line 15, by deleting “5.”.

Amend sec. 13, pages 8, 9 and 10, by deleting lines 30 through 42 on page 8, lines 1 through 43 on page 9 and lines 1 through 18 on page 10, and inserting:

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

(1) Improving the opportunities for pupils to learn;

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

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

(4) Establishing accountability of public schools;

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

(6) Creating new professional opportunities for teachers.

(d) The proposed dates of enrollment for the charter school.

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

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

(g) The proposed curriculum for the charter school.

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

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

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

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

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

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

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

Amend sec. 13, page 10, line 19, by deleting “6.” and inserting “3.”.

Amend sec. 17, page 14, by deleting line 6 and inserting:

“administered pursuant to NRS 389.015 and the examinations required pursuant to section 11 of [this act] Senate Bill No. 466 of this session to the pupils who are enrolled in the”.

Amend sec. 17, page 14, by deleting lines 10 through 12 and inserting:

“9. Provide at least the”.

Amend sec. 17, page 14, by deleting lines 23 through 39 and inserting:

“[school district in which the charter school is located.

12.] Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

Amend sec. 18, page 15, by deleting lines 8 and 9 and inserting:

“board of trustees of the school district and during times that are not regular school hours.”.

Amend sec. 18, page 15, by deleting line 33 and inserting:

“trustees, any public school within the same zone of attendance as the charter school if:”

Amend sec. 23, page 18, by deleting lines 30 and 31:

“vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.”.

Amend sec. 23, page 19, by deleting lines 32 and 33 and inserting:

“(a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and”.

Amend sec. 25, page 22, line 23, by deleting “(q)” and inserting “(t)”.

Amend sec. 25, page 22, by deleting line 30 and inserting:

“charter school’s program of accountability. The”.

Amend sec. 25, page 22, line 33, by deleting “based; and” and inserting:

“based and a review and analysis of any data that is more recent than the data upon which the report is based; and”.

Amend sec. 25, page 23, by deleting lines 15 and 16 and inserting:

“adopted by the governing body of the charter school [.] pursuant to the regulations of the department.”.

Amend the bill as a whole by deleting sec. 33 and adding:

“Sec. 33. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 35 and 36 and adding:

“Secs. 35 and 36. (Deleted by amendment.)”.

Amend sec. 45, page 37, by deleting lines 8 through 21.

Amend sec. 45, page 37, line 22, by deleting “5.” and inserting “4.”.

Amend sec. 45, page 37, by deleting line 23 and inserting:

“for a pupil to participate in a class or extracurricular activity at a”.

Amend sec. 45, page 37, line 24, by deleting:

“subsections 3 and 4” and inserting “subsection 3”.

Amend sec. 45, page 37, by deleting line 27 and inserting “trustees.”.

Amend sec. 45, page 37, line 31, by deleting “6.” and inserting “5.”.

Amend sec. 45, page 37, line 34, by deleting “7.” and inserting “6.”.

Amend sec. 45, page 37, line 37, by deleting “8.” and inserting “7.”.

Amend sec. 46, page 38, by deleting lines 22 and 23 and inserting:

“3. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be”.

Amend sec. 46, page 39, by deleting line 8 and inserting:

“Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.”.

Amend sec. 55, page 44, by deleting lines 8 through 11 and inserting:

“Sec. 55. NRS 386.510 is hereby repealed.”.

Amend the bill as a whole by deleting sec. 58 and adding:

“Sec. 58. (Deleted by amendment.)”.

Amend sec. 60, page 45, by deleting lines 25 through 31 and inserting:

“2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.

3. Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on July 1, 1999.

4. Section 12.5 of this act becomes effective on July 1, 2001.

5. Section 55 of this act becomes effective on July 1, 2003.”.

Amend the bill as a whole by deleting the leadlines of repealed sections and adding the text of the repealed section, following sec. 60, to read as follows:

TEXT OF REPEALED SECTION

386.510 Limitation on number of charter schools that may be formed in certain counties; exception for charter schools that provide education for pupils at risk.

1. Except as otherwise provided in subsection 2:

(a) In a county whose population is more than 400,000, two charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.

(b) In a county whose population is more than 100,000 but less than 400,000, two charter schools may be formed.

2. The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.”.

Amend the title of the bill by deleting the sixth and seventh lines and inserting:

“revising various other provisions governing charter schools;”.

Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 348.

Remarks by Assemblymen Williams and Freeman.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblyman Williams:

Thank you, Mr. Speaker. Now that we’ve gone through the other amendment I will try to explain this one. I would apologize to the members of the body that the first amendment we adopted was quite lengthy and that is why I think it is appropriate to take ample time and as much time to explain that. But now that it has been adopted, it’s more appropriate and easier for members to understand what has happened with changes and technical provisions in the law through this particular amendment. So, Mr. Speaker, if I might, I would like to go through this amendment and if there are questions specifically dealing with sections of the bill, I will try to answer those.

Section 1 provides definitions for charter schools. Also, this amendment tightens up provisions in the law in dealing with approval of charter schools. The laws that we passed in 1997 not only brought about quite a bit of confusion for the state Board of Education, but also for local school boards. Prior to this amendment, any charter application that was complete was approved. This amendment takes care of that problem and also inserts in the law that the charter school application, not only must be complete, but also must be in compliance with our law. This amendment also deals with the definition of teachers. The current law that is in Nevada did not clearly define teachers. This particular amendment clarifies what a teacher is, when it comes to allowing three teachers as well as community people and parents, who would like to form a charter school. It clearly identifies that.

Also, section 6 of the bill, which is in the amendment, designates one of the questions I think that was somewhat near the question that my colleague from Assembly District 11 asked in reference to dollars. This designates the person to handle the funds of a charter school. This amendment also describes when a student shall be retained for another year for academic performance. And again, these particular schools, and in this particular legislation, allows for students to take the classes that are appropriate for him or her to graduate, regardless of what type of school they are in, in Nevada. They still have to meet those standards.

It also deals with the transfer of credits from traditional public schools to charters schools and vice versa. The amendment deals with the ongoing statute that deals with the population and the number of charter schools that can exist. There are provisions in this amendment as well that deals with the plan that must be submitted and specifically how transportation will be handled by the charter school application. Also, the amendment deals with waivers. If charter schools would like to see waivers, this amendment would take care and clean up the language on how those should be done. One of the proposals that was submitted to us in the other House dealt with the donation of surplus property, how that could be done, what would happen if a charter school would close, file bankruptcy, or run into some other problem.

The zoning question, which has already been answered in this amendment, is also dealt with, in reference to students who are able to transfer to participate in academic endeavors which will enhance their ability to graduate. The amendment also deals with the DSA allotment, which was one of the questions that was asked. The other parts of the amendment are basically technical amendments. It also clarifies that charter schools follow the federal law when it comes to special education opportunities for those students who have special needs. The law clearly clarifies the fact that no school can be converted to a charter school that is an existing public school. Any private school in Nevada can’t be converted to a charter school as well. If there is a charter school that closes and someone would like to open that as a charter school, they would have to close that school down and apply as any other applicant, to open as a charter school.

Finally, Mr. Speaker, for some reason when you are calculated, as I have been as chairman of Education, in addressing reform and education in charter schools, sometimes people become critical to the point that they believe we are not open to reform in education. I believe that home schooling, private schools, charter schools and traditional public schools are all good for the families of Nevada. We’re one of the states that have recently entered into the territory of charter schools. For those reasons, Mr. Speaker, I think we should be very calculated and deliberate. I think we should not be so defensive of reform but be part of reform. I think this particular amendment goes far to bring Nevada into the realities of what is happening in the new millenium, when it comes to educational reform. I think we still should be deliberate and calculated but I think this particular measure takes us in a direction that will be positive, that not only will our traditional schools get the support they need, both academically, financially and with their infrastructure, but I think charter schools deserve that as well. I think this amendment brings about legislation that will move us in that direction. I would urge my colleagues to adopt.

Assemblywoman Freeman:

Thank you, Mr. Speaker. To the chair of Education, I would like to ask a question in regards to the bottom of page 3, where it talks about the audit and the financing. How often are those done? What kind of oversight will there be from the school district on financial conditions?

Assemblyman Williams:

Thank you, Mr. Speaker. To you and through you, to my colleague from Reno. These audits will be done annually. I need to say, as well, Mr. Speaker, that with this particular new legislation, the state Board of Education, for the first time will have a subcommittee within its membership, that will specifically deal with charter schools, how charter schools operate, how their budgets operate, how their curriculum is operating and how the facilities operate over all. I think there are parts of this whole endeavor that lead one to be suspicious and somewhat, again, calculating. I still think we are moving in a positive direction. Specifically, to my colleague from Reno, these will be done annually.

Assemblyman Bache requested that his remarks in opposition to Amendment No. 1209 to Assembly Bill No. 348 be entered in the Journal.

Thank you, Mr. Speaker. I would like to record my “no” vote on both Amendments 1226 and 1209. As indicated, my name is on the bill and I do not support either amendment. I wish it posted.

Assemblywoman Giunchigliani requested that her remarks in opposition to Amendment No. 1209 to Assembly Bill No. 348 be entered in the Journal.

I also wish my “no” vote recorded as well, for both amendments.

Motion carried.

Bill ordered enrolled.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 31, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendments Nos. 944, 1060, 1211 to Senate Bill No. 259; Assembly Amendment

No. 1222 to Senate Bill No. 329; Assembly Amendment No. 1161 to Senate Bill No. 411.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 417.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Senate Bill No. 478.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 417, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA33, which is attached to and hereby made a part of this report.

Chris Giunchigliani	Dean A. Rhoads
David E. Goldwater	Mark E. Amodei
Bob Beers	Raymond C. Shaffer
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA33.

Amend sec. 5, page 2, by deleting lines 25 and 26 and inserting:

“(d) Two representatives of private carriers; and”.

Amend sec. 5, page 2, line 27, by deleting “(f)” and inserting “(e)”.

Amend sec. 5, page 2, line 33, by deleting “four” and inserting “three”.

Amend sec. 5, page 2, line 38, after “1;” by inserting “and”.

Amend sec. 5, page 2, by deleting lines 39 through 42 and inserting:

“(c) The two representatives of private carriers appointed pursuant to paragraph (d) of subsection 1.”.

Amend sec. 5, page 3, line 11, by deleting:

“(d), (e) or (f)” and inserting:

“(d) or (e)”.

Amend sec. 13, page 4, by deleting lines 34 and 35 and inserting:

“section, the term “proprietary information” means any information which, if disclosed to the general public, may result in a competitive disadvantage to an insurer or employer, including, without limitation:

1. Rules, criteria and standards for underwriting policies that are applied by an insurer.

2. Plans or other documents concerning the marketing or strategic planning of an insurer or employer.

3. Data, studies and reports concerning the development of new products or services.

4. Data that identify the share of the market of an insurer within each class of risk.”.

Amend sec. 14, page 4, lines 40 and 41, by deleting:

“(d), (e) or (f)” and inserting:

“(d) or (e)”.

Amend sec. 22, page 7, by deleting line 35 and inserting:

“section 5 of this act and one of the members described in paragraph (d) of subsection 1 of section 5 of this act to terms that expire on June 30, 2000.”.

Amend sec. 22, page 7, by deleting lines 37 and 38 and inserting:

“section 5 of this act and one of the members described in paragraph (d) of subsection 1 of section 5 of this act and the members described in paragraphs (a), (b) and (e) of subsection 1 of section 5 of this act to terms that expire on”.

Amend sec. 23, pages 7 and 8, by deleting lines 40 and 41 on page 7 and lines 1 and 2 on page 8, and inserting:

“Sec. 23. 1. This section and sections 1 to 18, inclusive, 20 and 22 of this act become effective upon passage and approval and expire by limitation on July 1, 2001.

2. Sections 20.2, 20.4 and 21 of this act become effective at 12:01 a.m. on July 1, 1999, and expire by limitation on July 1, 2001.”.

Assemblywoman Giunchigliani moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 417.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Mr. Speaker:

The second Conference Committee concerning Senate Bill No. 478, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA41, which is attached to and hereby made a part of this report.

Richard D. Perkins	Randolph J. Townsend
Sheila Leslie	Michael A. Schneider
Sandra J. Tiffany	Raymond D. Rawson
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA41.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

2. The commission counsel must be an attorney who is licensed to practice law in this state.

3. The commission counsel is in the unclassified service of the state.

5. The commission counsel may not:

(a) Be actively involved in the work of any political party or political campaign; or

Amend sec. 6, page 2, line 31, by deleting “281.511.” and inserting:

“281.511, 294A.345 or 294A.346.”.

Amend sec. 11, page 5, lines 23 and 24, by deleting:

“[~~294A.345 or 294A.346,]~~” and inserting:

“294A.345 or 294A.346,”.

Amend sec. 12, page 5, lines 41 and 42, by deleting:

“of [:

~~(a) This]~~ this” and inserting:

“of:

(a) This”.

Amend sec. 12, page 6, line 1, by deleting “[~~(1)]~~ (a)” and inserting “(1)”.

Amend sec. 12, page 6, by deleting lines 3 through 8 and inserting:

“(2) [~~A determination of the]~~ The commission on its own motion . [ that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.]

(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.”.

Amend sec. 12, page 6, line 9, by deleting:

“[~~of paragraph (a)]~~” and inserting:

“of paragraph (a)”.

Amend sec. 14, page 8, by deleting lines 10 and 11 and inserting:

“[~~4.]~~ 6. Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the”.

Amend sec. 14, page 8, by deleting lines 15 through 20 and inserting:

Amend the bill as a whole by adding a new section designated sec. 14.2, following sec. 14, to read as follows:

“Sec. 14.2. NRS 281.477 is hereby amended to read as follows:

(b) Decline to render an opinion.

(a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and

(b) Prohibit that person from responding and presenting evidence at the hearing.

5. Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

(a) Be represented by counsel; and

(b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.

6. At the request of:

(a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or

(b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,

Amend sec. 15, page 11, after line 41, by inserting:

“7. The provisions of this section do not, under any circumstances:

(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or

(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.

8. As used in this section, “commitment in a private capacity to the interests of others” means a commitment to a person:

(a) Who is a member of his household;

(b) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;

(d) With whom he has a substantial and continuing business relationship; or

(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.”.