Carson City(Saturday), May 29, 1999
Senate called to order at 12:48 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by Jenny Cordisco, representing Father Jerry Hanley.
As we begin the final moments of this session, we thank You for the efforts and concerns of this Senate. We thank You for Your strong call to them, to be aware of Your little ones and the welfare of all the people. We thank You for those who have supported these Senators through this time, especially their families. We lift them all up to You, O God, that this day will be filled with grace and hope. We ask all this in Your precious Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 353, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which were referred Assembly Bills Nos. 368, 595, 622, 679, 683, 691, 697, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 454, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 689, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Legislative Affairs and Operations, to which was referred Senate Concurrent Resolution No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.
Also, your Committee on Legislative Affairs and Operations, to which was re-referred Senate Concurrent Resolution No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.
Also, your Committee on Legislative Affairs and Operations, to which was referred Assembly Bill No. 695, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Legislative Affairs and Operations, to which were referred Assembly Concurrent Resolutions Nos. 13, 46, 53, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Jon C. Porter, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 29, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendments Nos. 833, 1162 to Assembly Bill No. 380.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 322.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 519.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 318.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Bache, Von Tobel and Parnell as a first Conference Committee concerning Assembly Bill No. 408.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 500.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Senator Rawson moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:53 p.m.
SENATE IN SESSION
At 1:38 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 4.
Resolution read.
Senator Porter moved to withdraw Amendment No. 1188 to Senate Concurrent Resolution No. 4.
Motion carried.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Resolution adopted.
Senate Concurrent Resolution No. 19.
Resolution read.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 1187.
Amend the resolution, page 2, line 2, after “directed to” by inserting: “appoint a subcommittee consisting of legislators to”.
Amend the resolution, page 2, between lines 5 and 6, by inserting:
“RESOLVED, That, in addition to the subcommittee, the Legislative Commission shall appoint an advisory committee to assist the subcommittee, which must include, without limitation:
1. One representative from the Office of the Secretary of State;
2. One representative from the Commission on Economic Development; and
3. One representative from the Business Law Section of the State Bar of Nevada; and be it further”.
Amend the resolution, page 2, line 31, by deleting “study committee” and inserting “subcommittee”.
Amend the resolution, page 2, line 33, by deleting “committee” and inserting “subcommittee”.
Amend the resolution, page 2, line 34, by deleting “committee;” and inserting “subcommittee;”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the resolution file.
Assembly Concurrent Resolution No. 13.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Resolution adopted.
Assembly Concurrent Resolution No. 46.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Resolution adopted.
Assembly Concurrent Resolution No. 53.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 554—AN ACT relating to state employees; establishing the maximum allowed salaries for employees in the unclassified service of the state; making appropriations; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 438.
The following Assembly amendment was read:
Amendment No. 1150.
Amend the bill as a whole by deleting sections 1 through 10, renumbering sections 11 and 12 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 703.130 is hereby amended to read as follows:
2. The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.
3. The commission may employ such other clerks, experts or engineers as may be necessary.
4. The commission may appoint one or more hearing officers for a period specified by the commission to conduct proceedings or hearings that may be conducted by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of NRS. The commission shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the commission.”.
Amend sec. 11, page 5, line 13, by deleting: “12, 13 and 14” and inserting: “3 to 6, inclusive,”.
Amend sec. 12, page 5, by deleting lines 14 through 38 and inserting:
“Sec. 3. 1. A vertically integrated electric utility that is in existence on January 1, 1999, or its successor electric distribution utility or any assignee of the utility shall comply with the terms of any existing obligations for the purchase of power as those terms have been interpreted by the parties to the obligations.
2. To recover any costs associated with an obligation for the purchase of power, a vertically integrated electric utility in existence on January 1, 1999, or its successor electric distribution utility or any assignee of the utility must demonstrate to the commission that it has made reasonable efforts to reduce the cost or increase the value of the obligation, including, without limitation, by:
(a) Evaluating the costs and benefits of the obligation and analyzing whether there are any reasonable options under the existing provisions of the obligation that may reduce the costs or increase the benefits of the obligation;
(b) Reporting on the good faith attempts by the utility or its assignee to seek an increase in value or reduction in cost from the provider of the purchased power under the existing provisions of the obligation;
(c) Showing that the utility or its assignee has exercised to the extent practicable the terms of the existing obligation to mitigate the cost of the obligation or has assessed the value of retaining the obligation;
(d) Providing a citation to an order of the commission approving the obligation, or if such an order does not exist or is not available, providing all information, including, without limitation, any actions or statements by the commission or any state or federal agency, that demonstrates the commitment of the utility or its assignee to the obligation; and
(e) Providing all information indicating the extent to which the rates previously established by the commission have compensated shareholders for the risk of not recovering the costs of the obligation.
3. After a utility has made a showing pursuant to subsection 2, the commission shall determine the recoverable costs associated with such an obligation for the purchase of power and shall allow the utility or assignee to recover those costs from all classes of customers through a charge imposed for noncompetitive services.
4. The provisions of this section must not be construed to allow the reinterpretation, modification or termination of any obligation for the purchase of power in effect on July 1, 1999, without the agreement of the parties to the obligation.”.
Amend the bill as a whole by deleting sec. 13, renumbering sections 14 through 15.5 as sections 6 through 8 and adding new sections designated sections 4 and 5, following sec. 12, to read as follows:
“Sec. 4. The commission shall, for each class of customers of electric service in this state, establish a total rate for the components of electric service that are necessary to provide electric service to customers in this state pursuant to subsection 1 of NRS 704.982. The total rate for each class may not exceed the total rate for each class of customers of electric service in this state which is in effect on July 1, 1999, except that the commission shall modify the rates to account for the effects of any decisions by the commission relating to any cases filed with the commission before October 1, 1999, which involve the use of deferred accounting. Upon approval by the commission, the provider designated pursuant to subsection 1 of NRS 704.982 may reduce the total rate for any class of customers. The total rates established pursuant to this subsection do not apply to any customer who obtains generation, aggregation or any other potentially competitive service from an alternative seller.
Sec. 5. 1. The provider of electric service designated pursuant to subsection 1 of NRS 704.982 is entitled to recover only from the gain, if any, from the sale by the provider of its generation assets any shortfall during the period commencing on March 1, 2000, and ending on March 1, 2003, that results from the netting of any difference between:
(a) The revenues generated by the total rates charged to all classes of customers pursuant to section 4 of this act; and
(b) The total cost incurred by the provider to provide that service to all classes of customers.
2. Upon approval of the amount of the net shortfall, if any, the commission shall authorize the designated provider to recover that amount from the gain if any, on the sale of its generation assets, after the deduction of any taxes.
3. As used in this section, “total cost incurred by the provider” means the total revenues generated by all classes by the rates in effect on July 1, 1999, as adjusted to account for the effects of any decision of the commission relating to any cases filed with the commission before October 1, 1999, which involve the use of deferred accounting.”.
Amend sec. 14, page 6, by deleting lines 31 through 35 and inserting: “seller may submit to the commission an offer to provide electric service that is being provided by the provider designated pursuant to subsection 1 of NRS 704.982. The offer must:
(a) Request to serve at least 10 percent of the load of the provider designated pursuant to subsection 1 of NRS 704.982;”.
Amend sec. 14, page 6, by deleting line 39 and inserting: “prescribed in subsection 2 of NRS 704.982.”.
Amend sec. 14, page 6, line 40, by deleting “a bid,” and inserting “an offer,”.
Amend sec. 14, page 7, by deleting lines 5 through 7 and inserting: “Each bid must be not less than 10 percent of the load, as measured in megawatts or megawatt hours, of the load of the provider designated pursuant to subsection 1 of NRS 704.982.”.
Amend sec. 14, page 7, line 12, by deleting: “For the percentage of the” and inserting “For the”.
Amend sec. 14, page 7, by deleting line 13 and inserting: “remainder of the load that is not awarded to a successful bidder, the”.
Amend sec. 14, page 7, line 17, by deleting: “the affiliate of”.
Amend the bill as a whole by deleting sec. 16 and renumbering sections 17 through 22 as sections 9 through 14.
Amend sec. 17, page 10, line 20, by deleting: “12, 13 and 14” and inserting: “3 to 6, inclusive,”.
Amend sec. 21, page 12, by deleting lines 37 through 40 and inserting: “obtained a license from the commission to do so.”.
Amend sec. 21, page 13, line 15, by deleting: “12, 13 and 14” and inserting: “3 to 6, inclusive,”.
Amend sec. 21, page 13, line 27, by deleting: “12, 13 and 14” and inserting: “3 to 6, inclusive,”.
Amend sec. 21, page 13, line 41, by deleting: “12, 13 and 14” and inserting: “3 to 6, inclusive,”.
Amend sec. 21,
page 14, by deleting lines 18 and 19 and inserting: “provisions of NRS 704.965
to 704.990, inclusive [.] , and sections 3 to 6, inclusive, of this act.
9. An alternative seller may combine two or more customers or any group of customers to provide aggregation service. The commission may not limit the ability of:
(a) An alternative seller to combine customers to provide aggregation service; or
(b) Customers to form groups to obtain aggregation service from alternative sellers.”.
Amend the bill as a whole by deleting sec. 23, renumbering sec. 24 as sec. 18 and adding new sections designated sections 15 through 17, following sec. 22, to read as follows:
“Sec. 15. NRS 704.981 is hereby amended to read as follows:
704.981 1. An electric distribution utility shall provide all noncompetitive services within its territory unless the commission authorizes another entity to provide the noncompetitive service.
2. A noncompetitive service is subject to NRS 704.001 to 704.655, inclusive, 704.701 to 704.751, inclusive, and 704.800 to 704.900, inclusive.
3. The component rates for noncompetitive services established by the commission pursuant to NRS 704.986 must be used by customers who elect to receive competitive or potentially competitive services from alternative sellers or from the Colorado River Commission pursuant to NRS 704.987.
4. The commission shall adopt regulations for noncompetitive services that allow innovative pricing methods for noncompetitive services upon a finding that the innovative pricing, when compared to pricing of services provided pursuant to subsections 1 and 2, improves the performance of the service or lowers the cost of the service to the customer, or both. The regulations for innovative pricing must specify:
(a) The provisions that must be included in a plan of innovative pricing;
(b) The procedures for submitting an innovative plan for pricing to the commission for approval and implementation; and
(c) Which provisions of this chapter do not apply to pricing changes that are made during the period in which the innovative pricing plan is in effect.
[4.] 5. The commission shall adopt regulations which ensure that a person who owns a transmission or distribution facility, or both, or a facility that provides access to a competitive service shall make the facilities available on equal and nondiscriminatory terms and conditions to all alternative sellers or to the customers of the alternative sellers, or both, as the commission may determine.
Sec. 16. NRS 704.982 is hereby amended to read as follows:
2. The rate that the designated provider of electric service must charge a customer for the provision of electric service pursuant to subsection 1 is the total rate established for that class of customer by the commission pursuant to section 4 of this act.
3. Upon a finding by the commission that the public interest will be promoted, the commission may prescribe alternate methods for providing electric service to those customers described in subsection 1. The alternate methods may include, but are not limited to, the direct assignment of customers to alternative sellers or electric distribution utilities or a process of competitive bidding for the right to provide electric service to the designated customers[.
3.] , including, without limitation, an auction conducted pursuant to section 6 of this act. Any alternate methods prescribed by the commission pursuant to this subsection may not go into effect before July 1, 2001.
4. The commission shall establish minimum terms and conditions under which electric service must be provided pursuant to this section, including a minimum period during which a customer must be obligated to pay for the electric service from the assigned provider. The price charged for electric service for a particular group of customers must reflect the incremental cost of serving the group.
[4.] A customer who has obtained generation, aggregation or any other potentially competitive service from an alternative seller after March 1, 2000, for at least 30 continuous days may reacquire service from the designated provider pursuant to tariffs approved by the commission.
5. If the designated provider of the electric service pursuant to subsection 1 is a vertically integrated electric utility, the utility shall provide the electric service on or after July 1, 2001, only through an affiliate whose sole business activity is the provision of electric service.
[5. Except as otherwise provided in this subsection and subsection 6, the rate charged for residential service provided pursuant to subsection 1 must not exceed the rate charged for that service on July 1, 1997. The limitation set forth in this subsection is effective until 2 years after the date upon which, in accordance with NRS 704.976, the commission repeals the regulations which established the pricing method for that service and the terms and conditions for providing that service.
6. The commission may, in accordance with NRS 704.110, 704.120 and 704.130, approve an increase in the rate charged for residential service provided pursuant to subsection 1 in an amount that does not exceed the increase necessitated, if any, to ensure the recovery by the vertically integrated electric utility of its just and reasonable costs. The provisions of this section do not limit or prohibit in any manner the operation of any order issued by the commission before July 1, 1997.]
6. Except upon the application of the designated provider to reduce the total rate for any class of customers pursuant to section 4 of this act, the commission shall not initiate or conduct any proceedings to adjust the rates, earnings, rate base or rate of return of the designated provider of electric service during the period in which the provider is providing that service to customers pursuant to this section.
Sec. 17. NRS 704.982 is hereby amended to read as follows:
704.982 1. The commission shall designate [a vertically integrated electric utility or its successor] an electric distribution utility to provide electric service to customers who are unable to obtain electric service from an alternative seller or who fail to select an alternative seller. The provider so designated by the commission is obligated to provide electric service to the customers. Electric service provided by the utility pursuant to this section shall be deemed to be a noncompetitive service for which the utility may recover its costs pursuant to NRS 704.001 to 704.655, inclusive, 704.701 to 704.751, inclusive, and 704.800 to 704.900, inclusive.
2. [The rate that the provider must charge a customer for the provision of electric service pursuant to subsection 1 is the rate established for that class of customer by the commission pursuant to section 4 of this act.
3.] Upon a finding by the commission that the public interest will be promoted, the commission may prescribe alternate methods for providing electric service to those customers described in subsection 1. The alternate methods may include, but are not limited to, the direct assignment of customers to alternative sellers or other electric distribution utilities or a process of competitive bidding for the right to provide electric service to the designated customers, including, without limitation, an auction conducted pursuant to section 6 of this act. [Any alternate methods prescribed by the commission pursuant to this subsection may not go into effect before July 1, 2001.
4.] 3. The commission shall establish minimum terms and conditions under which electric service must be provided pursuant to this section, including a minimum period during which a customer must be obligated to pay for the electric service from the assigned provider. The price charged for electric service for a particular group of customers must reflect the incremental cost of serving the group. A customer who has obtained generation, aggregation or any other potentially competitive service from an alternative seller [after March 1, 2000,] for at least 30 continuous days may reacquire service from the designated provider pursuant to tariffs approved by the commission.
[5.] 4. If the designated provider of the electric service pursuant to subsection 1is [a vertically integrated] an electric distribution utility, the utility shall provide the electric service [on or after July 1, 2001,] only through an affiliate whose sole business activity is the provision of electric service.
[6. The commission shall not initiate or conduct any proceedings to adjust the rates, earnings, rate base or rate of return of the designated provider of electric service during the period in which the provider is providing that service to customers pursuant to this section.]”.
Amend sec. 24, page 15, line 41, by deleting “In” and inserting: “[In]Except as otherwise provided in section 3 of this act, in”.
Amend sec. 24, page 16, line 2, by deleting the semicolon
and inserting “ . [;]”.
Amend sec. 24,
page 16, line 5, by deleting the semicolon and inserting “ . [;]”.
Amend sec. 24, page 16, line 6, by deleting “The” and inserting: “[The] Except as otherwise provided in this paragraph, the”.
Amend sec. 24, page 16, line 9, by deleting the semicolon
and inserting: “. [;] If a utility purchases
generation services pursuant to the approval of the appropriate governmental
agencies to meet its obligations to provide electric service pursuant to NRS
704.982 from a generation unit that the utility has divested, the commission
shall not impute a value to the generation unit other than the sales price of
the unit.”.
Amend sec. 24,
page 16, line 12, by deleting the semicolon and inserting “ . [;]”.
Amend sec. 24,
page 16, by deleting line 15 and inserting “obligations . [;
and]”.
Amend the bill as a whole by renumbering sections 25 and 26 as sections 20 and 21 and adding a new section designated sec. 19, following sec. 24, to read as follows:
“Sec. 19. NRS 704.984 is hereby amended to read as follows:
704.984 A vertically integrated electric utility shall take such reasonable steps as are necessary to minimize layoffs and any other adverse effects on the employees of the vertically integrated electric utility that result from the beginning of provision of potentially competitive services by alternative sellers. In determining the recoverable costs of the vertically integrated electric utility pursuant to NRS 704.983, the commission shall consider any reasonable costs incurred by the vertically integrated electric utility pursuant to this section, including, without limitation, the costs for severance pay, retraining, job placement and early retirement for employees of the vertically integrated electric utility.”.
Amend the bill as a whole by renumbering sections 27 and 28 as sections 26 and 27 and adding new sections designated sections 22 through 25, following sec. 26, to read as follows:
“Sec. 22. On or before March 1, 2000, the commission shall, for the purposes of NRS 704.986, establish for each class of customers of electric service in this state the rate for each component and a total rate for electric services for customers based on the cost to provide electric service to each class of customers in this state. The total rate established for each class of customers pursuant to this section must be the same as the total rate for each class of customers that is in effect on July 1, 1999.
Sec. 23. On or before March 1, 2000, a vertically integrated electric utility may negotiate and enter into a contract with a customer for the provision of electric service, but no such contract is effective before March 1, 2000.
Sec. 24. This act must not be construed to impair any existing rights under contracts for electric service in effect on June 1, 1999.
Sec. 25. This act must not be construed to impair any existing rights under any labor agreement to which a vertically integrated electric utility or its successor electric distribution utility or an affiliate thereof is a party on July 1, 1999.”.
Amend sec. 27, page 17, by deleting lines 33 through 37 and inserting:
“Sec. 26. 1. This section and sections 1 to 6, inclusive, 9 to 16, inclusive, 18 to 23, inclusive, 25 and 27 of this act become effective on July 1, 1999.
2. Section 24 becomes effective upon passage and approval.
3. Sections 7 and 8 of this act become effective on October 1, 1999.
4. Sections 4 and 16 expire by limitation on July 1, 2003.
5. Section 5 expires by limitation on September 1, 2003.
6. Section 17 becomes effective on July 1, 2003.”.
Amend the bill as a whole by deleting sec. 29.
Amend the title of the bill by deleting the first through third lines and inserting:
“AN ACT relating to utilities; providing for the appointment of hearing officers to conduct proceedings before the public utilities commission of Nevada; revising the provisions governing recoverable costs;”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 438.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 80.
The following Assembly Amendment was read:
Amendment No. 988.
Amend section 1, page 1, by deleting lines 5 through 7 and inserting:
“(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; [or]
(c) If the zone is designated by an operational speed limit beacon,”.
Amend section 1, page 1, line 11, by deleting “(c)” and inserting “(d)”.
Amend section 1, page 1, line 12, by deleting “hours” and inserting “times”.
Amend section 1, page 2, by deleting lines 2 through 4 and inserting:
“(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; [or]
(c) If the zone is designated by an operational speed limit beacon,”.
Amend section 1, page 2, line 8, by deleting “(c)” and inserting “(d)”.
Amend section 1, page 2, line 9, by deleting “hours” and inserting “times”.
Amend section 1, page 2, by deleting lines 20 through 30 and inserting: “effect or that the speed limit is in effect when children are present.
5. With respect to each school zone and school crossing zone in a school district, the superintendent of the school district or his designee, in conjunction with the department of transportation and the governing body of the local government that designated the school zone or school crossing zone and after consulting with the principal of the school and the agency that is responsible for enforcing the speed limit in the zone, shall determine the times when the speed limit is in effect.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 268.425 is hereby amended to read as follows:
Sec. 3. NRS 269.185 is hereby amended to read as follows:
(a) Regulate traffic upon the streets and alleys of towns or cities governed by such boards pursuant to this chapter.
(b) Regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using the streets and alleys.
(c) Pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction conferred by this section.
2. The town board or board of county commissioners shall cause to be displayed, in each school zone and school crossing zone where the county has posted a speed limit, signs or other devices designating the [hours of the day or night or both] times during which the speed limit in the zone is to apply.”.
Amend the title of the bill to read as follows:
“AN ACT relating to traffic laws; requiring that the signs designating the speed limit in a school zone or school crossing zone indicate the times during which the speed limit is in effect; providing for the designation of such times; and providing other matters properly relating thereto.”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 80.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 507.
The following Assembly Amendment was read:
Amendment No. 1167.
Amend section 1, page 1, line 3, by deleting “$16,187” and inserting “$4,063”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 507.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Recede From Senate Amendments
Senator O’Connell moved that the Senate do not recede from its action on Assembly Joint Resolution No. 5 of the 69th Session, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator O’Connell.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators O’Donnell, Porter and Neal as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Joint Resolution No. 5 of the 69th Session.
Madam President appointed Senators O’Connell, Porter and O’Donnell as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 478.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Senate Bill No. 16, 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. CA6, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend section 1, page 2, by deleting lines 1 through 3 and inserting:
“(b) “Genetic test” means a test that uses deoxyribonucleic acid extracted from the cells of a person, or a diagnostic test that uses another substance extracted or otherwise obtained from the body of a person, which determines the presence of an”.
Amend section 1, page 2, between lines 7 and 8 by inserting: “The term does not include a test to determine the presence of alcohol or a controlled substance in the system of the person tested.”.
Ann O’Connell Gene Segerblom
Dean A. Rhoads Chris Giunchigliani
Michael Schneider Bob Beers
Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 16.
Remarks by Senator O’Connell.
Motion carried.
Madam President:
The first Conference Committee concerning Senate Bill No. 167, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be receded from.
Mike McGinness Marcia de Braga
Lawrence E. Jacobsen Genie Ohrenschall
Bob Coffin John C. Carpenter
Senator McGinness moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 167.
Remarks by Senator McGinness.
Motion carried.
Madam President:
The first Conference Committee concerning Assembly Bill No. 238, consisting of the undersigned members, has met, and reports that:
No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.
Mark Amodei Sheila Leslie
Valerie Wiener Dawn Gibbons
Bernice Mathews Kathyrn A. McClain
Senator Rawson moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 238.
Remarks by Senator Rawson.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Washington, Townsend and Schneider as a second Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 238.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Senate Bill No. 360, 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. CA14, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by deleting sections 1 through 4, renumbering sections 5 and 6 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not knowingly direct light emitted from a laser pointer at a uniformed peace officer, security guard, traffic officer, fireman, emergency medical attendant or ambulance driver or attendant.
2. A person who violates the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section:
(a) “Emergency medical attendant” has the meaning ascribed to it in NRS 41.139.
(b) “Laser pointer” means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. The term includes, without limitation, a laser scope intended for use with a firearm.
(c) “Security guard” has the meaning ascribed to it in NRS 648.016.”.
Amend the bill as a whole by renumbering sections 7 and 8 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 6, to read as follows:
“Sec. 4. Section 8 of Assembly Bill No. 542 of this session is hereby amended to read as follows:
Sec. 8. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $400 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
(2) Shall fine him not less than $750 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 or section 3 of this act must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or a homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction that prohibits the same or similar conduct.”.
Amend sec. 8, page 5, line 28, by deleting “6” and inserting “3”.
Jon C. Porter
Terry Care Dennis Nolan
Dina Titus Jerry D. Claborn
Senator Porter moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 360.
Remarks by Senator Porter.
Motion carried.
Madam President:
The first Conference Committee concerning Senate Bill No. 369, 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. CA11, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 3, page 2, line 26, by deleting “if ” and inserting “unless”.
Amend sec. 3, page 2, by deleting line 28 and inserting: “made public; or”.
Amend sec. 3, page 2, lines 29 and 30, by deleting: “the sole purpose of ” and inserting: “a purpose other than”.
Amend the bill as a whole by renumbering sections 11 and 12 as sections 12 and 13 and adding a new section designated sec. 11, following sec. 10, to read as follows:
“Sec. 11. Section 50 of Senate Bill No. 39 of this session is hereby amended to read as follows:
Sec. 50. NRS 349.630 is hereby amended to read as follows:
1. Investment and reinvestment of the proceeds from the sale of bonds, including, but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers’ acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
2. Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks , credit unions or trust companies located within or out of this state.”.
Ann O’Connell Douglas A. Bache
Terry Care Sandra J. Tiffany
Jon C. Porter Bonnie L. Parnell
Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 369.
Remarks by Senator O’Connell.
Motion carried.
Madam President:
The first Conference Committee concerning Senate Bill No. 391, 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. CA9, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend section 1, page 1, line 2, by deleting “12.5,” and inserting “12,”.
Amend the bill as a whole by deleting sections 3 and 3.5 and adding:
“Secs. 3 and 3.5. (Deleted by amendment.)”.
Amend sec. 4, page 2, by deleting lines 5 through 10 and inserting:
“Sec. 4. “Infrastructure” or “public facilities” means water, sanitary sewer, storm sewer, street, parks, fire, police and flood protection.”.
Amend the bill as a whole by deleting sec. 6.5 and adding:
“Sec. 6.5. (Deleted by amendment.)”.
Amend sec. 9, page 3, by deleting line 7 and inserting:
“Sec. 9. The provisions of sections 11 and 12 of this act, sections 1 to 12, inclusive, of Assembly Bill No. 493 of this session and sections 3 and 4 of Senate Bill No. 394 of this session apply”.
Amend the bill as a whole by deleting sec. 10 and adding:
“Sec. 10. (Deleted by amendment.)”.
Amend sec. 11, page 4, line 7, after “the” by inserting “regional planning”.
Amend sec. 11, page 4, line 21, after “the” by inserting “regional planning”.
Amend the bill as a whole by deleting sec. 12.5 and adding:
“Sec. 12.5. (Deleted by amendment.)”.
Amend sec. 13, page 5, line 6, by deleting “12.5,” and inserting “12,”.
Amend sec. 13.3, page 5, by deleting line 22 and inserting:
“(a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with:
(1) House parents or guardians who need not be related to any of the persons with disabilities; and
(2) If applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity.”.
Amend sec. 13.3, page 6, by deleting lines 11 and 12 and inserting “governing body.”
Amend sec. 13.3, page 6, by deleting lines 17 and 18 and inserting: “ordinances. The requirements of this”.
Amend sec. 13.3, page 6, line 26, by deleting “require” and inserting: “refuse to issue”.
Amend sec. 13.3, page 6, by deleting line 27 and inserting: “use permit to a residential facility for groups that meets local public health and safety standards.”.
Amend sec. 13.3, page 6, by deleting lines 32 through 34.
Amend sec. 13.3, page 6, line 35, by deleting “(b)” and inserting “(a)”.
Amend sec. 13.3, page 6, line 37, by deleting “(c)” and inserting “(b)”.
Amend sec. 13.3, page 6, line 42, by deleting “(d)” and inserting “(c)”.
Amend the bill as a whole by deleting sec. 13.7 and adding:
“Sec. 13.7. (Deleted by amendment.)”.
Amend sec. 14, page 9, line 4, after “(m)” by inserting: “School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
[(m)] (n)”.
Amend sec. 14, page 9, line 7, by deleting “[(m)] (n)” and inserting “[(n)] (o)”.
Amend sec. 14, page 9, line 9, by deleting “[(n)] (o)” and inserting “[(o)] (p)”.
Amend sec. 14, page 9, line 14, by deleting “[(o)] (p)” and inserting “[(p)] (q)”.
Amend sec. 14, page 9, line 17, by deleting “[(p)] (q)” and inserting “[(q)] (r)”.
Amend the bill as a whole by deleting sections 14.3 and 14.7 and adding:
“Secs. 14.3 and 14.7. (Deleted by amendment.)”.
Amend sec. 15, page 10, by deleting lines 39 and 40 and inserting:
“2. The zoning regulations must be adopted in accordance with the master plan for land use and be designed:”.
Amend sec. 15, page 11, between lines 24 and 25, by inserting:
“4. In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.
5. As used in this section:
(a) “Density bonus” means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.
(b) “Inclusionary zoning” means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.
(c) “Minimum density zoning” means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.”.
Amend the bill as a whole by deleting sections 16 through 22 and adding:
“Secs. 16-22. (Deleted by amendment.)”.
Amend the bill as a whole by renumbering sec. 23 as sec. 36 and adding new sections designated sections 23 through 35, following sec. 22, to read as follows:
“Sec. 23. Section 1 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections3 to 12, inclusive, of this act.
Sec. 24. Section 5 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 5. 1. The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.
2. In developing the plan, the coalition:
(a) May consult with other entities that are interested or involved in regional planning within the county.
(b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:
(1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.
(2) Population, including, without limitation, [a projection of] standardized projections for population growth in the region.
(3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region.
(4) Transportation.
(5) [Public] The efficient provision of public facilities and services[.] , including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks.
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing and businesses in established neighborhoods; and
(II) Development in areas in which public services are available.
3. The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less than two-thirds of its total membership; and
(b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to section [4 of this act.] 3 of Senate Bill No. 394 of this session as amended by section 33 of this act.
Sec. 25. Section 6 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 6. 1. The regional planning coalition shall study and develop methods to provide incentives for the interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:
(a) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and
(b) Imposition of a fee for the extension of infrastructure to encourage such interspersion.
2. As used in this section, “infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.
Sec. 26. Section 7 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 7. 1. The regional planning coalition may:
(a) Coordinate sources of information;
(b) Recommend measures to increase the efficiency of governmental entities and services;
(c) Make recommendations regarding the disposal of federal land;
(d) Establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions;
(e) [Review:] At least every 2 years, review:
(1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and
(2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226;
(f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region;
(g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance;
(h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally-assisted programs or projects; and
(i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.
2. The regional planning coalition shall establish a definition for the term “project of regional significance.” In establishing the definition, the regional planning coalition shall consider:
(a) Existing definitions of the term within the Nevada Revised Statutes; and
(b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, cultural, scenic and natural resources, public facilities and public services within the region.
Sec. 27. Section 8 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 8. Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, [not more than once] at least every 2 years, submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.
Sec. 28. Section 11 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 11. The regional planning coalition may employ persons or contract for services necessary to carry out:
1. The provisions of sections 5 to 12, inclusive, of this act; and
2. Other responsibilities set forth in the cooperative agreement pursuant to which the regional planning coalition was established pursuant to section 3 of Senate Bill No. 394 of this session as amended by section 33 of this act.
Sec. 29. Section 12 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 12. 1. [Not more than once] At least every 2 years, the regional planning coalition shall review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in substantial conformance with the comprehensive regional policy plan.
2. If the regional planning coalition determines that a plan reviewed pursuant to subsection 1 is not in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall return the plan to the submitting entity accompanied by recommendations regarding the manner in which the submitting entity may bring the plan into substantial conformance with the comprehensive regional policy plan.
3. Within 90 days after the date on which a submitting entity receives the plan and recommendations from the regional planning coalition pursuant to subsection 2, the submitting entity shall provide to the regional planning coalition a written response setting forth the:
(a) Manner in which the submitting entity changed the plan to be in substantial conformance with the comprehensive regional policy plan; or
(b) Reasons of the submitting entity for not bringing the plan into substantial conformance.
4. If the regional planning coalition determines that all the plans that a city or county is required to submit pursuant to section 8 of this act are in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall issue to the city or county a certificate or other indicia of that determination. Upon receipt of such a certificate or other indicia, the city or county, until the next time the regional planning coalition reviews the plans of the city or county pursuant to subsection 1, is entitled to establish its own policies and procedures with respect to regional planning, to the extent that those policies and procedures do not conflict with federal or state law.
Sec. 30. Assembly Bill No. 493 of this session is hereby amended by adding thereto a new section designated section 12.5, following sec. 12, to read as follows:
Sec. 12.5. NRS 278.010 is hereby amended to read as follows:
Sec. 31. Section 13 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 13. Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, on or before May 1, 2000, submit to the regional planning coalition for its review all existing master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility. As used in this section, “regional planning coalition” has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.
Sec. 32. Section 14 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 14. The regional planning coalition:
1. Shall:
(a) On or before March 1, 2001:
(1) Adopt a comprehensive regional policy plan in accordance with section 5 of this act. Before approving the plan, the regional planning coalition shall hold public hearings on the proposed plan in the cities and unincorporated areas within the county.
(2) In cooperation with local governmental entities within the county, develop guidelines to determine whether master plans, facilities plans and other similar plans established by those entities would conform with the comprehensive regional policy plan.
(b) On or before July 1, 2001, establish a preliminary definition for the term “project of regional significance.” In establishing the definition, the regional planning commission shall consider the factors set forth in paragraphs (a) and (b) of subsection 2 of section 7 of this act.
(c) On or before July 1, 2002, review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in conformance with the comprehensive regional policy plan.
2. May, on or before February 1, 2001, submit three requests for proposed legislation to the legislature if the regional planning coalition determines that the proposed legislation is necessary to:
(a) Ensure the adequacy and consistency of activities within the region that are related to regional planning; or
(b) Enable local governmental entities within the region to carry out their authority to govern in a more efficient manner.
3. As used in this section, “regional planning coalition” has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.
Sec. 33. Section 3 of Senate Bill No. 394 of this session is hereby amended to read as follows:
Sec. 3. In a county whose population is 400,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS. [The regional planning coalition may:
1. Develop policies for the region, including, without limitation, the promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks;
2. Coordinate sources of information;
3. Establish standardized projections for population;
4. Recommend measures to increase the efficiency of governmental entities and services;
5. Make recommendations regarding the disposal of federal land;
6. Establish methods for resolving disputes regarding annexation and other matters that arise between jurisdictions; and
7. Not more than once every 2 years, review:
(a) Master plans adopted by the governing body of the county and each city; and
(b) The annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226.]
Sec. 34. Section 4 of Senate Bill No. 394 of this session is hereby amended to read as follows:
Sec. 4. 1. [In a county whose population is 400,000 or more, the] The regional planning coalition shall cooperate with the local air pollution control board and the regional transportation commission in the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.
(b) [Establish] In addition to the comprehensive regional policy plan required by section 5 of Assembly Bill No. 493 of this session as amended by section 24 of Senate Bill No. 391 of this session, establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, the regional planning coalition shall:
(a) Consult with the local air pollution control board and the regional transportation commission; and
(b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional transportation commission; and
(2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.
3. If the program for control of air pollution established and administered by the local air pollution control board includes measures for the control of traffic or transportation, the regional planning coalition shall consider recommending the use of alternative land use designations, densities and design standards to meet local and regional needs with respect to transportation.
4. Not more than once every 2 years, the regional planning coalition shall:
(a) Prepare a report that summarizes the policies related to land use, transportation and air quality which it has adopted and which the local air pollution control board and the regional transportation commission have adopted; and
(b) Submit a copy of the report to the:
(1) County clerk of the appropriate county;
(2) Division of environmental protection of the state department of conservation and natural resources;
(3) Division of state lands of the state department of conservation and natural resources; and
(4) Department of transportation.
5. As used in this section:
(a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
(b) “Regional transportation commission” means a regional transportation commission created and organized in accordance with chapter 373 of NRS.
Sec. 35. Sections 2 and 4 of Assembly Bill No. 493 of this session are hereby repealed.”.
Amend sec. 23, pages 22 and 23, by deleting lines 27 through 40 on page 22 and line 1 on page 23, and inserting:
“Sec. 36. 1. This section and sections 1 to 13, inclusive, and 14 of this act become effective on October 1, 1999.
2. Sections 15 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.
3. Sections 23, 28 and 35 of this act become effective on December 31, 1999.
4. Section 30 of this act becomes effective on January 1, 2000.
5. Sections 24 to 27, inclusive, 29, 31 and 32 of this act become effective at 12:01 a.m. on January 1, 2000.
6. Section 13.3 of this act becomes effective on July 1, 2000.
7. Section 34 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Amend sec. 23, page 23, line 2, by deleting “7.” and inserting “8.”.
Amend the title of the bill to read as follows:
of human resources to maintain a registry of residential facilities for groups;and providing other matters properly relating thereto.”.
Ann O’Connell Douglas A. Bache
Jon C. Porter Sandra J. Tiffany
Terry Care Wendell P. Williams
Senator Porter moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 391.
Remarks by Senator Porter.
Motion carried.
Madam President:
The first Conference Committee concerning Assembly Bill No. 617, 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. 4, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 3, page 3, by deleting lines 29 through 35 and inserting:
“(a) His arrearages for nonpayment of the child support or spousal support ordered by a court total $10,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support; or
(b) It is a second or subsequent violation of subsection 1 or an offense committed in another jurisdiction that, if committed in this state, would be a violation of subsection 1, and his arrearages for nonpayment of the child support or spousal support ordered by a court total $5,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support.”.
Valerie Wiener Greg Brower
Terry Care Sheila Leslie
Maurice E. Washington Mark A. Manendo
Senator Wiener moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 617.
Remarks by Senator Wiener.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 353.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1201.
Amend section 1, page 1, lines 1 and 2, by deleting “four grades” and inserting “one grade”.
Amend section 1, page 1, by deleting line 5 and inserting: “on January 1, 2001.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. 1. On or before September 1, 2000, the Department of Personnel shall:
(a) Conduct an occupational study of all custody positions and related positions within the Department of Prisons; and
(b) Report the results of the study to the Director of the Department of Administration.
2. As used in this section, “custody position” includes, without limitation, correctional officers and related supervisory positions.
Sec. 3. 1. There is hereby appropriated from the state general fund to the State Board of Examiners the sum of $1,220,235 to carry out the provisions of section 1 of this act.
2. 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.”.
Amend sec. 2, page 1, by deleting line 11 and inserting:
“Sec. 4. 1. This section and section 2 of this act become effective on July 1, 1999.
2. Section 3 of this act becomes effective on July 1, 2000.
3. Section 1 of this act becomes effective on January 1, 2001.”.
Amend the title of the bill, second line, by deleting “Prisons;” and inserting: “Prisons and to conduct an occupational study of those positions; making an appropriation;”.
Amend the summary of the bill, second line, by deleting “Prisons.” and inserting: “Prisons and to conduct occupational study of those positions.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 689.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities
Amendment No. 1206.
Amend section 1, page 1, by deleting lines 3 through 6 and inserting:
“Sec. 3. 1. The state board of health shall adopt regulations requiring the fluoridation of all water delivered for human consumption in a county whose population is 400,000 or more by a:
(a) Public water system that serves a population of 100,000 or more; or
(b) Water authority.”.
Amend section 1, page 2, by deleting line 2 and inserting: “fluoride to be maintained by such a public water system or a water authority, except”.
Amend section 1, page 2, by deleting lines 11 through 13 and inserting:
“(c) Requirements for the addition of fluoride to the water if the natural concentration of fluorides is lower than the minimum permissible concentration”.
Amend section 1, page 2, by deleting lines 16 and 17 and inserting: “exempt a public water system or water authority from the requirement of fluoridation upon the request of the public water system or water authority.”.
Amend section 1, page 2, by deleting lines 20 and 21 and inserting:
“(a) The wells of a public water system or water authority if:
(1) The ground water production of the public water system or water authority”.
Amend section 1, page 2, line 23, after “system” by inserting “or authority”.
Amend section 1, page 2, line 28, by deleting “system:” and inserting: “system or water authority:”.
Amend section 1, page 2, line 30, after “system” by inserting “or authority”.
Amend section 1, page 2, line 32, after “system” by inserting “or authority”.
Amend section 1, page 2, line 35, after “system” by inserting “or authority”.
Amend section 1, page 2, line 41, after “system” by inserting: “or water authority”.
Amend section 1, page 3, by deleting lines 11 and 12 and inserting:
“6. A public water system or water authority may submit to the health division a claim for payment of the initial costs of the public water system or water authority to”.
Amend section 1, page 3, line 14, after “system” by inserting: “or water authority”.
Amend section 1, page 3, line 19, after “system” by inserting: “or water authority”.
Amend section 1, page 3, by deleting lines 22 and 23 and inserting:
“7. As used in this section:
(a) “Supplier of water” has the meaning ascribed to it in NRS 445A.845.
(b) “Water authority” has the meaning ascribed to it in NRS 377B.040.”.
Amend section 1, page 3, by deleting line 30 and inserting:
“2. A water authority, as defined pursuant to NRS 377B.040, and any political subdivision that receives all or a part of its water supply from such a water authority in a county whose population is 400,000 or more.
3. Purveyors of bottled water who label their containers to”.
Amend section 1, page 3, line 35, by deleting “3.” and inserting “4.”.
Amend sec. 2, page 4, by deleting lines 12 through 14 and inserting:
“Should the water authority and each public water system in this county that serve a population of 100,000 persons or more continue the fluoridation of the water?”.
Amend the bill as a whole by deleting sections 3 and 4 and renumbering sec. 5 as sec. 3.
Amend the title of the bill to read as follows:
“AN ACT relating to water; amending Assembly Bill No. 284 of the 1999 Legislative Session to make the provisions of the bill applicable to water authorities; revising the manner in which the advisory question is stated; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Amends Assembly Bill No. 284 of 1999 Legislative Session. (BDR 40‑1760)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Motion carried.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 491.
Bill read third time.
Remarks by Senator O’Donnell.
Senator O’Donnell moved that Senate Bill No. 491 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator O’Donnell.
Motion carried.
Assembly Bill No. 64.
Bill read third time.
Roll call on Assembly Bill No. 64:
Yeas—20.
Nays—None.
Not Voting—O’Connell.
Assembly Bill No. 64 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senator Porter moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:11 p.m.
SENATE IN SESSION
At 2:28 p.m.
President Hunt presiding.
Quorum present.
Assembly Bill No. 189.
Bill read third time.
Remarks by Senators Raggio and Porter.
Roll call on Assembly Bill No. 189:
Yeas—21.
Nays—None.
Assembly Bill No. 189 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 220.
Bill read third time.
Roll call on Assembly Bill No. 220:
Yeas—21.
Nays—None.
Assembly Bill No. 220 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 386.
Bill read third time.
Roll call on Assembly Bill No. 386:
Yeas—21.
Nays—None.
Assembly Bill No. 386 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 454.
Bill read third time.
Roll call on Assembly Bill No. 454:
Yeas—21.
Nays—None.
Assembly Bill No. 454 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 684.
Bill read third time.
Roll call on Assembly Bill No. 684:
Yeas—21.
Nays—None.
Assembly Bill No. 684 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 690.
Bill read third time.
Roll call on Assembly Bill No. 690:
Yeas—21.
Nays—None.
Assembly Bill No. 690 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 695.
Bill read third time.
Remarks by Senators Raggio, Carlton, Amodei, Coffin and Porter.
Roll call on Assembly Bill No. 695:
Yeas—21.
Nays—None.
Assembly Bill No. 695 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 5 p.m.
Motion carried.
Senate in recess at 2:51 p.m.
SENATE IN SESSION
At 7:54 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which were referred Senate Bill No. 193; Assembly Bill No. 348, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which was referred Senate Bill No. 554, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Madam President:
Your Committee on Legislative Affairs and Operations, to which was referred Assembly Bill No. 170, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Jon C. Porter, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 693, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 29, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 70, 165, 432.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 205, 696.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 751 to Assembly Bill No. 12; Senate Amendment No. 1159 to Assembly Bill No. 285.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 279, Amendment No. 1198; Senate Bill No. 544, Amendments Nos. 873, 1199, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 104, Assembly Amendment No. 973, and requests a conference, and appointed Assemblymen Cegavske, Chowning and Parnell as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 302, Assembly Amendment No. 1091, and requests a conference, and appointed Assemblymen Collins, Claborn and Gustavson as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 445, Assembly Amendment No. 986, and requests a conference, and appointed Assemblymen Chowning, Koivisto and Brower as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 381 and appointed Assemblymen Parks, Parnell and Cegavske as a second Conference Committee to meet with a like committee of the Senate for further consideration of Senate Bill No. 381.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 423 and appointed Assemblymen Lee, Goldwater and Humke as a second Conference Committee to meet with a like committee of the Senate for further consideration of Senate Bill No. 423.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 166 and requests a second conference, and appointed Assemblymen Anderson, Brower and Leslie as a second Conference Committee to meet with a like committee of the Senate for further consideration of Assembly Bill No. 166.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 634.
Susan Furlong Reil
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 19.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Resolution adopted, as amended.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 149.
The following Assembly Amendment was read:
Amendment No. 1141.
Amend the bill as a whole by deleting sections 1 through 6 and renumbering sections 7 through 9 as sections 1 through 3.
Amend sec. 8, page 7, line 34, by deleting: “of section 7”.
Amend the title of the bill to read as follows:
“AN ACT relating to prisoners; making it unlawful for prisoners to commit certain acts involving human excrement or bodily fluid; requiring that prisoners who commit certain acts involving human excrement or bodily fluid be tested for communicable diseases; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes commission of certain acts by prisoners unlawful. (BDR 16‑512)”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 149.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 363.
The following Assembly Amendment was read:
Amendment No. 1164.
Amend sec. 5, page 1, lines 13 and 14, by deleting “not listed” and inserting: “not:
(a) Listed, proposed for listing or eligible for listing”.
Amend sec. 5, page 1, line 15, after the semicolon by inserting: “and
(b) Owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.;”.
Amend sec. 11.5, page 2, line 25, after “listed” by inserting: “, proposed for listing or eligible for listing”.
Amend sec. 11.5, page 2, line 27, after “Regulations” by inserting: “or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action by the Federal Government pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.,”.
Amend sec. 11.5, page 2, by deleting line 31 and inserting:
“2. The reason for which the property was listed or is proposed or eligible for listing on the National Priorities List or for the investigation or enforcement action by the Federal Government is”.
Amend sec. 16, page 5, line 15, by deleting “or”.
Amend sec. 16, page 5, line 19, by deleting “act.” and inserting: “act; or
7. For a release of any hazardous substance not specified in the remedial agreement.”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 363.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 485.
The following Assembly Amendment was read:
Amendment No. 1121.
Amend sec. 22, page 8, by deleting line 4 and inserting:
“Sec. 22. 1. Any”.
Amend sec. 22, page 8, by deleting lines 12 and 13.
Amend sec. 22, page 8, line 14, by deleting “3.” and inserting “2.”.
Amend sec. 55, page 23, by deleting line 30 and inserting:
“Sec. 55. 1. This act becomes effective upon passage and approval.
2. Section 39 of this act expires by limitation on December 31, 2001.”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 485.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 511.
The following Assembly Amendment was read:
Amendment No. 1168.
Amend section 1, page 1, by deleting lines 13 through 16 and inserting:
“2. Except as otherwise provided in subsections 4, 5 and 6, [all fees must be used by that department as needed to carry out the provisions of NRS 445B.700 to 445B.845, inclusive.] and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:
(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The state department of conservation and natural resources to carry out the provisions of this chapter.
(c) The division of agriculture of the department of business and industry to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
(e) The Nevada Tahoe regional planning agency to carry out the provisions of NRS 278.780 to 278.828, inclusive.
(f) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the attainment or maintenance of environmental thresholds in the Lake Tahoe Basin.
(g) Other agencies of this state to pay the costs incurred by those agencies to attain or maintain the environmental thresholds established by the Tahoe Regional Planning Agency pursuant to NRS 277.200.”.
Amend section 1, page 2, by deleting lines 6 through 31 and inserting: “ (a) Money] money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for carbonmonoxide for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money [granted must not exceed that portion of the money in the pollution control account that equals 1/5] in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1[.] ; and
(b) Excess money in the pollution control account . [to air pollution control agencies established pursuant to NRS 445B.205 or 445B.500.] As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year[.] , after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.
5. Any regulations adopted pursuant to subsection 4 must provide for”.
Amend the bill as a whole by deleting sec. 2 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 445B.830 is hereby amended to read as follows:
(a) For the issuance and annual renewal of alicense for an authorized inspection station, authorized maintenance station, authorized station or fleet station..................... $25
(b) For each set of 25 forms certifying emission control
compliance.............................................................................................................. 125
(c) For each form issued to a fleet station........................................................... 5
2. Except as otherwise provided in subsections 4, 5 and 6, and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:
(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The state department of conservation and natural resources to carry out the provisions of this chapter.
(c) The division of agriculture of the department of business and industry to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
[(e) The Nevada Tahoe regional planning agency to carry out the provisions of NRS 278.780 to 278.828, inclusive.
(f) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the attainment or maintenance of environmental thresholds in the Lake Tahoe Basin.
(g) Other agencies of this state to pay the costs incurred by those agencies to attain or maintain the environmental thresholds established by the Tahoe Regional Planning Agency pursuant to NRS 277.200.]
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation,maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The department of motor vehicles and public safety shall by regulation establish a program to award grants of money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for carbon monoxide for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1; and
(b) Excess money in the pollution control account. As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year, after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1999.
2. Section 2 of this act becomes effective on July 1, 2001.
3. Section 1 of this act expires by limitation on June 30, 2001.”.
Amend the title of the bill, first line, by deleting “temporarily”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 511.
Motion carried.
Bill ordered enrolled.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Senate Bill No. 128, 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. CA19, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 2, page 2, line 20, by deleting: “in a telephone directory”.
Amend sec. 2, page 3, line 3, by deleting: “shall, at its discretion:” and inserting “shall:”.
Amend section 3, page 4, by deleting lines 2 and 3 and inserting: “board summarily suspends the license of the contractor, the board must notify the contractor by certified mail. A hearing must be held within 30 days after the suspension if the contractor submits a written request for a hearing to the board within 20 days after the board summarily suspends his license.”.
Amend sec. 4, page 4, by deleting lines 9 through 11 and inserting: “service to disconnect the telephone number.”.
Amend the bill as a whole by adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, third line, by deleting “certain”.
Amend the summary of the bill, third line, by deleting “certain”.
Raymond C. Shaffer David R. Parks
Mark Amodei Chris Giunchigliani
Randolph J. Townsend Merle A. Berman
Senate Conference Committee Assembly Conference Committee
Senator Shaffer moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 128.
Motion carried.
Madam President:
The first Conference Committee concerning Senate Bill No. 133, 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. CA17, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 6.5, page 3, by deleting line 18 and inserting:
“5. An owner or”.
Amend sec. 8, page 3, by deleting lines 29 and 30 and inserting: “contractor, if the estimated total cost of the construction project is equal to or greater than the threshold amount established by the commissioner pursuant to subsection 3; and
(b) As a condition”.
Amend sec. 8, page 4, between lines 2 and 3, by inserting:
“3. The commissioner shall establish the threshold amount that the estimated total cost of a construction project must be equal to or greater than before a consolidated insurance program may be established and administered for that project pursuant to this section. The base amount for the threshold must initially be $150,000,000 and thereafter must be an amount equal to $150,000,000 as adjusted by the commissioner on June 30 of each year to reflect the present value of that amount with respect to the construction cost index.
4. As used in this section:
(a) “Construction cost index” means the construction cost index published by the Engineering News-Record as a measure of inflation.
(b) “Estimated total cost” means the estimated cost to complete all parts of a construction project, including, without limitation, the cost of:
(1) Designing the project;
(2) Acquiring the real property on which the project will be constructed;
(3) Connecting the project to utilities;
(4) Excavating and carrying out underground improvements for the project; and
(5) Acquiring equipment and furnishings for the project.
The term does not include the cost of any fees or charges associated with acquiring the money necessary to complete the project.”.
Amend sec. 9, page 4, by deleting sec. 9 and adding:
“Sec. 9. (Deleted by amendment.)”.
Amend sec. 14, page 6, by deleting lines 3 and 4 and inserting:
“Sec. 14. A consolidated insurance program that a private company,”.
Amend sec. 16, page 7, by deleting lines 8 through 16 and inserting:
“2. A contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program shall maintain separate industrial insurance”.
Amend sec. 16, page 7, by deleting lines 22 through 24 and inserting:
“3. The owner or principal contractor of a construction project shall reimburse”.
Amend sec. 17, page 7, by deleting line 37 and inserting:
“Sec. 17. If an”.
Amend sec. 22, page 9, line 28, after “inclusive,” by inserting “or 617”.
Amend the bill as a whole by adding a new section designated sec. 26.5, following sec. 26, to read as follows:
“Sec. 26.5. Sections 68.8 and 140 of Senate Bill No. 37 of this session are hereby amended to read as follows:
Sec. 68.8. NRS 616D.120 is hereby amended to read as follows:
(a) Through fraud, coercion, duress or undue influence:
(1) Induced a claimant to fail to report an accidental injury or occupational disease;
(2) Persuaded a claimant to settle for an amount which is less than reasonable;
(3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
(4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
(b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
(1) Later than 10 days after the date of the settlement agreement or stipulation;
(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or
(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;
(c) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(d) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(e) Failed to comply with the division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;
(f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or
(g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,
the administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.
2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:
(a) Issue a notice of correction for:
(1) A minor violation, as defined by regulations adopted by the division; or
(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.
The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. [Nothing in] The provisions of this section [authorizes] do not authorize the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.
(b) Impose an administrative fine for:
(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or
(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).
The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.
(c) Order a plan of corrective action to be submitted to the administrator within 30 days after the date of the order.
3. If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount [equal to 50 percent of the compensation due or $10,000, whichever is less. In no event may a benefit penalty be less than $500. The] that is not less than $5,000 and not greater than $25,000. To determine the amount of the benefit penalty, the administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. If this is the third violation within 5 years for which a benefit penalty has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrator’s determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.
4. In addition to any fine or benefit penalty imposed pursuant to this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.
5. If:
(a) The administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
(b) The fraud control unit for industrial insurance established pursuant to NRS 228.420 notifies the administrator that the unit will not prosecute the person for that violation,
the administrator shall impose an administrative fine of not more than $10,000.
6. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of:
(a) A certificate to act as a self-insured employer.
(b) A certificate to act as an association of self-insured public or private employers.
(c) A certificate of registration as a third-party administrator.
7. The commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.
Sec. 140. 1. This section, section 27, subsection 1 of section 127, and sections 128 and 129 of this act become effective upon passage and approval.
2. Subsection 1 of section 132 of this act becomes effective on June 1, 1999.
3. Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5, 116, 122, 126.3, 127.5 , 130 and 135 of this act become effective on July 1, 1999.
[3.] 4. Section 86.4 of this act becomes effective on July 1, 1999, only if Assembly Bill No. 660 of this session is enacted by the legislature.
[4.] 5. Sections 20.5, 35, 89, 117 and 139.4 of this act become effective at 12:01 a.m. on July 1, 1999.
[5.] 6. Sections 20, 24, 25, 26 and 96 and [subsection 1 of section 132] of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act.
[6.] 7. Sections 29 and 126.5 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation before October 1, 1999.
[7.] 8. Section 29.5 of this act becomes effective:
(a) At 12:01 a.m. on October 1, 1999, only if the governor issues a proclamation pursuant to subsection 1 of section 129 of this act on October 1, 1999; or
(b) On the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation after October 1, 1999.
[8.] 9. Sections 49.5, 52.5, 53.5, 57.2, 57.4, 62.1 to 62.5, inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become effective on January 1, 2000.
[9.] 10. Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22, 23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to 57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive, 81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to 115, inclusive, 118 to 121, inclusive, 123 to 126, inclusive, subsection 2 of section 127, [130,] 131, subsection 2 of section 132, 133, 134, 136 to 139, inclusive, and 141 of this act become effective on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.
[10.] 11. Section 63 of this act becomes effective at 12:01 a.m. on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.
[11.]12. Sections 20, 96, 116 and 122 of this act expire by limitation on January 1, 2000, if the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.
[12.] 13. Section 8 of this act expires by limitation on June 30, 2003.
[13.] 14. Section 100 of this act expires by limitation on May 1, 2013.”.
Amend sec. 27, page 12, by deleting lines 15 and 16 and inserting:
“Sec. 27. 1. This section and section 26.5 of this act become effective upon passage and approval.
2. Sections 1 to 10, inclusive, and 12 to 26, inclusive, of this act become effective on October 1, 1999.”.
Amend sec. 27, page 12, line 17, by deleting “2.” and inserting “3.”.
Amend sec. 27, page 12, line 18, by deleting “3.” and inserting “4.”.
Amend the title of the bill by deleting the fifth through eighth lines and inserting: “authorizing the state industrial”.
Ann O’Connell Gene Segerblom
Dean A. Rhoads David E. Goldwater
Randolph J. Townsend Bob Beers
Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 133.
Remarks by Senator O’Connell.
Motion carried.
Madam President:
The first Conference Committee concerning Senate Bill No. 451, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in.
Ann O’Connell Barbara E. Buckley
Michael Schneider John C. Carpenter
Maggie Carlton Bernard Anderson
Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 451.
Remarks by Senators O’Connell and Schneider.
Conflict of interest declared by Senators James and Amodei.
Motion carried.
Madam President:
The first Conference Committee concerning Senate Bill No. 530, 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. CA22, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by deleting sections 1 through 16 and adding new sections designated sections 1 through 23, following the enacting clause, to read as follows:
“Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 through 11, inclusive, of this act.
Sec. 2. “Association” means an association described in section 5 of this act.
Sec. 3. “Commercial area vitalization project” includes:
1. The beautification and improvement of the public portions of any area zoned primarily for business or commercial purposes, including, without limitation:
(a) Public restrooms;
(b) Facilities for outdoor lighting and heating;
(c) Decorations;
(d) Fountains;
(e) Landscaping;
(f) Facilities or equipment, or both, to enhance protection of persons and property within the improvement district;
(g) Ramps, sidewalks and plazas; and
(h) Rehabilitation or removal of existing structures; and
2. The improvement of an area zoned primarily for business or commercial purposes by providing promotional activities.
Sec. 4. “Promotional activity” includes:
1. Promotion of public events that benefit business or real property in the improvement district.
2. Providing music in any public place within the improvement district.
3. Promotion of tourism within the improvement district.
4. Marketing and economic development, including the recruitment and retention of retail business.
5. Providing services related to security, sanitation, the removal of graffiti, the cleaning of streets and sidewalks and providing other municipal services that are supplemental to those typically provided by the municipality.
6. Any other activity that benefits businesses and real property located in the improvement district.
Sec. 5. 1. A governing body that forms an improvement district for a commercial area vitalization project may contract with a nonprofit association to provide the improvements that are specified in the plans for the commercial area vitalization project. If creation of the commercial improvement district was initiated by petition, the governing body shall contract for that purpose with the association named in the plan for management of the improvement district.
2. An association with which a governing body contracts pursuant to subsection 1 must be a private nonprofit corporation and must be identified in the plan for management of the improvement district. The association shall maintain liability insurance covering its activities.
3. The contract between the governing body and the association is a contract for professional services and is not subject to the limitations of subsection 1 of NRS 354.626. The terms of the contract may extend:
(a) Beyond the terms of office of members of the governing body; and
(b) For the time necessary to cover the life of improvements and to fulfill financial commitments for equipment, services and related undertakings.
4. The association does not become a political subdivision, local government, public body, governmental agency or entity, establishment of the government, public corporation or quasi-public corporation for any purpose solely on the basis of a contract entered into with a governing body pursuant to subsection 1.
5. A contract executed pursuant to this section must ensure that the type and level of services provided by the municipality at the time of the creation of the improvement district continue after the improvement district is formed.
Sec. 6. 1. A contract executed pursuant to section 5 of this act must specify the approvals required for expenditures and provide for internal controls adequate to protect the assets of the improvement district. The contract must provide for audits of the association by the governing body at the discretion of the governing body.
2. If an audit finds a misuse of money or any fraud in the activities of the association, the governing body may take control of any assets of the association related to the improvement district.
Sec. 7. An association with which a governing body contracts pursuant to section 5 of this act may, at any time, request that the governing body modify a plan or plat with regard to the commercial area vitalization project. Upon the written request of the association, the governing body may modify the plan or plat by ordinance after holding a hearing on the proposed modification pursuant to section 10 of this act. If the proposed modification of a plat expands the territory for assessment, a person who owns or resides within a tract which is located within the territory proposed to be added to the improvement district and which is used exclusively for residential purposes may file a protest pursuant to section 9 of this act at any time before the governing body modifies the plat by ordinance. A petition is not required for a modification made pursuant to this section.
Sec. 8. 1. The association with which a governing body contracts pursuant to section 5 of this act shall cause to be prepared a report for each fiscal year in which assessments are to be levied and collected.
2. The report prepared pursuant to subsection 1 must be filed with the city clerk on or before February 1 of the fiscal year immediately preceding the fiscal year to which the report applies and must include:
(a) The name of the improvement district;
(b) The fiscal year to which the report applies;
(c) Any proposed changes to the boundaries of the improvement district for that fiscal year;
(d) The improvements to be provided for that fiscal year;
(e) An estimate of the cost of providing the improvements set forth pursuant to paragraph (d);
(f) The method and basis of levying each assessment to be levied for that fiscal year in sufficient detail to allow each property owner to calculate the amount of the assessment to be levied against his property for that fiscal year;
(g) The amount of any surplus or deficit revenues to be carried over from a preceding fiscal year; and
(h) The amount of any money received by the district from sources other than assessments levied pursuant to this chapter.
Sec. 9. 1. Before a proposed assessment plat for a commercial area vitalization project is adopted by ordinance, a person who owns or resides within a tract which:
(a) Is located within the proposed improvement district; and
(b) Is used exclusively for residential purposes,
may file with the clerk a written protest to the inclusion of the tract in the assessment plat. The protest must be accompanied by a legal description of the tract.
2. Upon receipt of a protest pursuant to subsection 1, the clerk shall provide a copy of the protest and legal description of the property to the governing body.
3. Before adopting a resolution or ordinance pursuant to NRS 271.325 and before adopting an ordinance that modifies an assessment plat for a commercial area vitalization project to include additional tracts of land, the governing body shall modify the assessment plat for a commercial area vitalization project to exclude any tract for which it received a protest pursuant to this section and which it determines will not benefit from the activities or improvements that are proposed to be provided by the commercial area vitalization project.
Sec. 10. 1. On or before June 30 of each year after the governing body acquires or improves a commercial area vitalization project, the governing body shall prepare or cause to be prepared an estimate of the expenditures required in the ensuing fiscal year and a proposed assessment roll assessing an amount not greater than the estimated cost against the benefited property. The assessment must be computed according to frontage or another uniform and quantifiable basis.
2. The governing body shall hold a public hearing upon the estimate of expenditures and the proposed assessment roll. Notice must be given and the hearing conducted in the manner provided in NRS 271.380 and 271.385. The assessment may not exceed the amount stated in the proposed assessment roll unless a new hearing is held after notice is mailed and published in the manner provided in NRS 271.305 and 271.310.
3. After the public hearing, the governing body shall confirm the assessments, as specified in the proposed assessment roll or as modified, and levy the assessment as provided in NRS 271.390.
4. An improvement district created for a commercial area vitalization project is not entitled to any distribution from the local government tax distribution account.
Sec. 11. 1. The governing body may, by resolution, dissolve an improvement district that is created for the purposes of a commercial area vitalization project if property owners whose property is assessed for a combined total of more than 50 percent of the total amount of the assessments of all the property in the improvement district submit a written petition to the governing body that requests the dissolution of the district within the period prescribed in subsection 2.
2. The dissolution of an improvement district pursuant to this section may be requested within 30 days after:
(a) The first anniversary of the date the improvement district was created; and
(b) Each subsequent anniversary thereafter.
3. As soon as practicable after the receipt of the written petition of the property owners submitted pursuant to subsection 1, the governing body shall pass a resolution of intention to dissolve the improvement district. The governing body shall give notice of a hearing on the dissolution. The notice must be provided and the hearing must be held pursuant to the requirements set forth in section 10 of this act. If the governing body determines that dissolution of the improvement district is appropriate, it shall dissolve the improvement district by resolution, effective not earlier than the 30th day after the hearing.
4. If there is indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the improvement district, the portion of the assessment necessary to pay the indebtedness remains effective and must be continued in the following years until the debt is paid.
Sec. 12. NRS 271.030 is hereby amended to read as follows:
Sec. 13. NRS 271.125 is hereby amended to read as follows:
271.125 “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized[.] , including, without limitation, conducting promotional activities within an improvement district created for a commercial area vitalization project.
Sec. 14. NRS 271.265 is hereby amended to read as follows:
(a) A commercial area vitalization project;
(b) A curb and gutter project;
[(b)] (c) A drainage project;
[(c)] (d) An offstreet parking project;
[(d)] (e) An overpass project;
[(e)] (f) A park project;
[(f)] (g) A sanitary sewer project;
[(g)] (h) A security wall;
[(h)] (i) A sidewalk project;
[(i)] (j) A storm sewer project;
[(j)] (k) A street project;
[(k)] (l) A street beautification project;
[(l)] (m) A transportation project;
[(m)] (n) An underpass project;
[(n)] (o) A water project; and
[(o)] (p) Any combination of such projects.
2. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both, within and without the municipality:
(a) An electrical project;
(b) A telephone project;
(c) A combination of an electrical project and a telephone project;
(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and
(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.
3. In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.
Sec. 15. NRS 271.280 is hereby amended to read as follows:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) Except as otherwise provided in section 3 of [this act,] Assembly Bill No. 95 of this session, the amount of maximum benefits estimated to be assessed against each tract in the assessment area.
The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.
2. The resolution or ratification may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.
3. The resolution or document ratified must describe the project in general terms.
4. The resolution or document ratified must state:
(a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. If the assessment is not to be made according to front feet, the resolution or document ratified must:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document ratified so to state and to define the location of the project to be made.
7. It is not necessary in any case to describe minutely in the resolution or document ratified each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. If the preliminary plans include a commercial area vitalization project, then in addition to the other requirements in this section, before the plans are ratified by the governing body, the plans must include a plan for the management of the proposed improvement district which must include, without limitation:
(a) The improvements proposed for each year of the first 5 fiscal years of the proposed improvement district;
(b) An estimate of the total amount to be expended on improvements in the first year of operation;
(c) A list of any other special assessments that are currently being levied within the proposed improvement district;
(d) The name of any proposed association; and
(e) Any other matter that the governing body requires to be set forth in the plan.
9. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
[9.] 10. Upon the filing of the plans and plat, they must be examined by the governing body. If the plans and plat are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.
Sec. 16. NRS 271.285 is hereby amended to read as follows:
1. Except as otherwise provided in subsection 2, whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the governing body is authorized to initiate, subject to the following limitations:
[1. The] (a) Except as otherwise provided in subsection 7 of NRS 271.325, the governing body may incorporate such project in any improvement district or districts.
[2.] (b) The governing body need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to NRS 271.310, and all provisions thereof thereunto enabling, if the governing body shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.
[3.] (c) Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the governing body shall determine that such is not for the public interest.
[4.] (d) The governing body need not take any proceedings or action upon receiving any such petition, if the governing body shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the governing body probably to be sufficient to defray the expenses and costs incurred by the municipality taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the municipality of a notice of the resolution’s adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the municipality. Whenever such deposit or pledge is so made and thereafter the governing body shall determine that such acquisition is not feasible within a reasonable period of time, the governing body may require that all or any portion of the costs theretofore incurred in connection therewith by the municipality after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
2. A petition signed by owners of tracts constituting at least one-half of the basis used for computation of assessments is sufficient to initiate procedures for acquiring or improving a commercial area vitalization project. A petition for acquiring or improving a commercial area vitalization project must be accompanied by a plan describing proposed improvements and a proposed assessment plat when submitted to the governing body.
Sec. 17. NRS 271.290 is hereby amended to read as follows:
1. Except as otherwise expressly provided or necessarily implied in this section or in NRS 271.285, upon the filing of such a petition, the governing body shall proceed in the same manner as is provided for hereby where proceedings are initiated by the governing body . [, except as otherwise expressly provided or necessarily implied in NRS 271.285.]
2. Upon the filing of a petition for the acquisition or improvement of a commercial area vitalization project, the governing body shall hold a public hearing on the petition. At least 20 days before the public hearing, the governing body shall:
(a) Mail notice of the hearing to each owner of real property within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district; and
(b) Publish notice of the hearing in a newspaper of general circulation in the municipality,
describing the purpose and general location of the proposed improvement district, and the date, time and place of the proposed public hearing.
3. At the public hearing, any owner of real property or tenant who resides or owns a business located within the proposed district for a commercial area vitalization project may present, orally or in writing, the reasons why he believes that:
(a) The petition does not contain a sufficient number of qualified signatures; or
(b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the proposed improvement district.
4. After consideration of any objections made at the hearing, and of any other information reasonably known to it, the governing body must, as a condition precedent to the initiation of the procedure for acquiring or improving a commercial area vitalization project, find that the public interest will benefit by the provision of the proposed improvements within that part of the municipality. In making this determination, the governing body shall consider the differences it finds between the municipality as a whole and the territory within and adjacent to the proposed improvement district.
Sec. 18. NRS 271.305 is hereby amended to read as follows:
2. Notice must be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication must be by affidavit of the publisher.
4. Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.
6. The notice may be prepared by the engineer and ratified by the governing body, and, except as otherwise provided in subsection 7, must state:
(a) The kind of project proposed.
(b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed, by boundaries or other brief description.
(g) The time and place of the hearing where the governing body will consider all objections to the project.
(h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.
(i) [That] If the project is not a commercial area vitalization project, that pursuant to NRS 271.306, if a majority of the property owners to be assessed for a project proposed by a governing body object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:
(1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or
(2) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.
(j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.
(k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.
(l) That a person should object to the formation of the district using the procedure outlined in the notice if his support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.
(m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:
(1) He is entitled to be represented by counsel at the hearing;
(2) Any evidence he desires to present on these issues must be presented at the hearing; and
(3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.
(n) If the project is a commercial area vitalization project, that:
(1) A person who owns or resides within a tract in the proposed improvement district and which is used exclusively for residential purposes may file a protest to inclusion in the assessment plat pursuant to section 9 of this act; and
(2) Pursuant to NRS 271.306, if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the commercial area vitalization project are presented to the governing body, the governing body shall not proceed with the commercial area vitalization project.
7. The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.
8. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
9. No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
10. The engineer may make minor changes in time, plans and materials entering into the work at any time before its completion.
11. If the ordinance is for a commercial area vitalization project, notice sent pursuant to this section must be sent by mail to each person who owns real property which is located within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district.
Sec. 19. NRS 271.306 is hereby amended to read as follows:
271.306 1. Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.
2. Except as otherwise provided in [subsection 3,] subsections 3 and 4, if, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:
(a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or
(b) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved. Such improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.
3. Written remonstrances by the owners of tracts constituting 50 percent of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a street beautification project.
4. Written remonstrances by the owners of tracts constituting at least one-third of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a commercial area vitalization project. For the purposes of this subsection, the property of a single owner may not be counted as constituting more than 10 percent of the basis.
Sec. 20. NRS 271.320 is hereby amended to read as follows:
271.320 1. After the hearing[,] and after the governing body has [disposed] :
(a) Disposed of all complaints, protests and objections, oral and in writing[, and after the governing body has determined that either] ;
(b) Determined that it is not prevented from proceeding pursuant to subsection 3 or 4 of NRS 271.306; and
(c) Determined that:
(1) Either or both exceptions stated in subsection 2 of NRS 271.306 apply[, or that there] ; or
(2) There were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments stated in the notice, of the tracts to be assessed in the improvement district or in the assessment unit, if any,
and the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as otherwise provided in this chapter.
2. If the governing body desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the governing body:
(a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs. The revised estimate does not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.
(c) A revised map and assessment plat showing respectively the location of each project and the tracts to be assessed therefor, not including any area or project not before the governing body at a provisional order hearing.
3. That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments. Costs of unrelated projects must be segregated for assessment purposes as provided in this chapter.
Sec. 21. NRS 271.325 is hereby amended to read as follows:
(a) Public convenience and necessity require the creation of the district; and
(b) The creation of the district is economically sound and feasible.
This determination may be made part of the ordinance creating the district adopted pursuant to subsection 2 and is conclusive in the absence of fraud or gross abuse of discretion.
2. The governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.
3. The ordinance must prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed, without mentioning minor details.
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
4. The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.
5. The ordinance, as amended if amended, must order the work to be done as provided in this chapter.
6. Upon adoption or amendment of the ordinance, the governing body shall cause to be filed in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.
7. The governing body may not adopt an ordinance creating or modifying the boundaries of an improvement district for a commercial area vitalization project if the boundaries of the improvement district overlap an existing improvement district created for a commercial area vitalization project.
Sec. 22. NRS 271.335 is hereby amended to read as follows:
2. This section does not prevent the governing body from advertising by publication for proposals for doing the work whenever the governing body sees fit, but the contract may not be made or awarded before the time stated in subsection 1.
3. Except as otherwise provided in subsection 12 and in NRS 271.800, in the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the municipality shall request competitive bids, and proceed thereon, pursuant to the provisions of chapter 338 of NRS.
4. The municipality may waive any irregularity in the form of any bid.
5. Any contract may be let on a lump sum or on a unit basis.
6. No contract may be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the governing body and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.
7. Upon default in the performance of any contract, any designated official, as directed by motion of the governing body, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
8. All contracts must provide among other things that the person entering into the contract with the municipality will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for them against the obligor in the undertaking as though the person was named therein.
9. A contract or agreement made in violation of the provisions of this section is voidable, and no action may be maintained thereon by any party thereto against the municipality.
10. To the extent the municipality makes any payment thereunder, such a contract or agreement is valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the municipality elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
11. The governing body, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the work in repair, and providing for any further matter or thing in connection therewith, as may be considered by the governing body to be advantageous to the municipality and to all interested.
12. The provisions of subsections 3 through 11, inclusive, do not apply to work performed by an association pursuant to a contract entered into pursuant to section 5 of this act.
Sec. 23. Sections 12, 14, 15 and 19 of this act become effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to local improvements; authorizing a municipality to form a local improvement district for a commercial area vitalization project; authorizing a municipality who forms a local improvement district for a commercial area vitalization project to enter into contracts with certain nonprofit associations for certain purposes; authorizing a municipality to dissolve a local improvement district formed for such purposes under certain circumstances; and providing other matter properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes municipality to form local improvement district for commercial area vitalization project. (BDR 21‑26)”.
Ann O’Connell Douglas A. Bache
Jon C. Porter David E. Humke
Terry Care Harry Mortenson
Senate Conference Committee Assembly Conference Committee
Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 530.
Remarks by Senator O’Connell.
Motion carried.
Madam President:
The first Conference Committee concerning Assembly Bill No. 166, consisting of the undersigned members, has met, and reports that:
No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.
Mike McGinness Ellen M. Koivisto
Jon C. Porter Sharron E. Angle
Dina Titus Genie Ohrenschall
Senator McGinness moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 166.
Remarks by Senator McGinness.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Rhoads, Washington and Care as a second Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 166.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Assembly Bill No. 318, 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. CA16, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 244.1505 is hereby amended to read as follows:
2. A board of county commissioners or its authorized representative may donate:
(a) Commodities, supplies, materials and equipment that the board determines to have reached the end of their useful lives; and
(b) Stolen or embezzled property for which the county treasurer has obtained an order authorizing him to donate the property pursuant to subsection 6 of NRS 179.165,
to a nonprofit organization created for religious, charitable or educational purposes[.] or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the county.
3. A grant or donation to a nonprofit organization created for religious, charitable or educational purposes and a donation to a governmental entity pursuant to this section must be made by resolution. The resolution must specify:
(a) The purpose of the grant or donation;
(b) If applicable, the maximum amount to be expended from the grant; and
(c) Any conditions or other limitations upon the expenditure of the grant or the use of the donated property.
4. As used in this section:
(a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.
(b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.”.
Amend the bill as a whole by deleting sections 3 through 5, renumbering sec. 6 as sec. 3 and adding a new section designated sec. 4, following sec. 6, to read as follows:
“Sec. 4. Section 5 of Senate Bill No. 139 of this session is hereby amended to read as follows:
Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a city may expend money for any purpose that will provide a substantial benefit to the inhabitants of the city. The governing body may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for a selected purpose.
2. The governing body of a city or its authorized representative may donate commodities, supplies, materials and equipment that the governing body determines have reached the end of their useful lives to a nonprofit organization created for religious, charitable or educational purposes [.] or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the city.
3. A grant or donation to a nonprofit organization created for religious, charitable or educational purposes and a donation to a governmental entity pursuant to this section must be made by resolution. The resolution must specify:
(a) The purpose of the grant or donation;
(b) If applicable, the maximum amount to be expended from the grant; and
(c) Any conditions or other limitations on the expenditure of the grant or the use of the donated property.
4. As used in this section:
(a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.
(b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.”.
Amend the bill as a whole by renumbering sec. 7 as sec. 5.
Amend the title of the bill to read as follows:
“AN ACT relating to local government; authorizing a local government to donate certain personal property to a governmental entity for certain purposes; revising the provisions governing the conveyance of certain property owned by a local government to a nonprofit organization for use as affordable housing; and providing other matters properly relating thereto.”.
Ann O’Connell Douglas A. Bache
Joseph Neal Gene Segerblom
Jon C. Porter John J. Lee
Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 318.
Remarks by Senator O’Connell.
Motion carried.
Madam President:
The first Conference Committee concerning Assembly Bill No. 376, 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. CA20, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend section 1, page 2, by deleting lines 31 and 32 and inserting: “of NRS, may contract with the sheriff of that county for the provision of police services in the public”.
Amend the title of the bill by deleting the fifth line and inserting: “to contract with the county sheriff for police services; providing for”.
Maurice E. Washington Tom Collins
Valerie Wiener Marcia de Braga
Michael Schneider Douglas A. Bache
Senator Washington moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 376.
Remarks by Senator Washington.
Motion carried.
Madam President:
The first Conference Committee concerning Assembly Bill No. 634, 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. CA23, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 19, page 8, line 17, by deleting “may” and inserting “shall”.
Amend sec. 19, page 8, line 23, by deleting “may” and inserting “shall”.
Amend sec. 19, page 8, line 30, by deleting: “limit, if any,” and inserting “limit”.
Amend sec. 19, page 8, by deleting line 32 and inserting: “[and any other factors that the board determines are necessary to assess or project the future solvency of the contractor.] and section 9 of this act.”.
Amend sec. 19, page 8, line 33, after “3.” by inserting: “A licensed contractor may request that the board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the board pursuant to this subsection must be in writing on a form prescribed by the board and accompanied by such supporting documentation as the board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.
4.”.
Amend the bill as a whole by deleting sec. 22 and adding:
“Sec. 22. (Deleted by amendment.)”.
Amend sec. 24, page 12, line 17, after “license” by inserting: “or a licensed contractor”.
Amend sec. 24, page 12, line 18, by deleting
“[shall] must”
and inserting “must”.
Amend sec. 24, page 12, line 19, after “applicant” by inserting: “or licensed contractor,”.
Amend sec. 24, page 12, line 20, by deleting “thereof” and inserting “thereof,”.
Amend sec. 24, page 12, by deleting lines 21 and 22 and inserting:
“[1.] (a) Committed
any act which would be grounds for the denial, suspension or revocation of a”.
Amend sec. 24, page 12, line 25, by deleting “nolo contendere,” and inserting “nolo contendere,”.
Amend sec. 24, page 12, line 26, by deleting
“[felony”
and inserting “[misdemeanor,
felony”.
Amend sec. 24, page 12, line 31, after “revoked” by inserting “or suspended”.
Amend sec. 24, page 12, line 32, after “granting” by inserting “or renewal”.
Amend sec. 25, page 13, by deleting lines 34 and 35 and inserting: “the bond or deposit. No action may be commenced on”.
Amend sec. 25, page 13, by deleting lines 37 through 42 and inserting: “action is based. If an action is commenced on the bond, the surety that executed the bond shall notify the board of the action within 30 days after the date that:
(a) The surety is served with a complaint and summons; or
(b) The action is commenced,
whichever occurs first.”.
Amend sec. 25, page 14, by deleting line 16 and inserting: “all claimants upon the bond or deposit. If an action for interpleader is commenced, the surety or the board must serve each known claimant and publish notice”.
Amend sec. 25, page 14, line 19, by deleting: “[or the board]”.
Amend sec. 25, page 14, line 20, by deleting: “[attorney’s fees and]”.
Amend sec. 25, page 14, by deleting lines 21 and 22 and inserting: “the bond. The board is entitled to deduct its costs of the action, including attorney’s fees and publication, from the deposit.”.
Amend the bill as a whole by deleting sec. 25.5 and adding:
“Sec. 25.5. (Deleted by amendment.)”.
Amend sec. 28, page 17, by deleting line 20 and inserting:
“[6. Except as otherwise provided in section 3 of Senate Bill No. 32 of this session, the board shall not take any disciplinary action pursuant to this”.
Amend sec. 28, page 17, by deleting line 24 and inserting: “40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the disciplinary action is necessary to protect the”.
Amend the bill as a whole by renumbering sec. 39 as sec. 40 and adding a new section designated sec. 39, following sec. 38, to read as follows:
“Sec. 39. Sections 18, 19 and 20 of Assembly Bill No. 636 of this session are hereby amended to read as follows:
Sec. 18. NRS 624.283 is hereby amended to read as follows:
624.283 1. Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.
2. A license may be renewed by submitting to the board:
(a) An application for renewal;
(b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person; [and]
(c) The fee for renewal fixed by the board[.] ; and
(d) Any assessment required pursuant to section 9 of this act if the holder of the license is a residential contractor as defined in section 7 of this act.
3. The board may require a licensee to demonstrate his financial responsibility at any time through the submission of:
(a) A financial statement that is prepared by an independent certified public accountant; and
(b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.
4. If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.
Sec. 19. NRS 624.300 is hereby amended to read as follows:
624.300 1. Except as otherwise provided in subsection 3, the board may:
(a) Suspend or revoke licenses already issued;
(b) Refuse renewals of licenses;
(c) Impose limits on the field, scope and monetary limit of the license;
(d) Impose an administrative fine of not more than $10,000;
(e) Order a licensee to repay to the account established pursuant to section 9 of this act, any amount paid out of the account pursuant to section 13 of this act as a result of an act or omission of that licensee;
(f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:
(1) Perform the corrective work himself;
(2) Hire and pay another licensee to perform the corrective work; or
(3) Pay to the owner of the construction project a specified sum to correct the condition; or
[(f)] (g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,
if the licensee commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.
4. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.
5. If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.
6. The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
7. If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.
Sec. 20. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor.
2. A conviction of a violation of section 12 of Assembly Bill No. 634 of this [act] session or a felony or a crime involving moral turpitude.
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.245 or 108.246.
5. Failure to comply with NRS 597.713, 597.716 or 597.719 or any regulations of the board governing contracts for the construction of residential pools and spas.
6. Failure to comply with NRS 624.321.
7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
8. Failure to pay an assessment required pursuant to section 9 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 41, following sec. 39, to read as follows:
“Sec. 41. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Randolph J. Townsend David R. Parks
Mark Amodei David E. Goldwater
Maggie Carlton Merle A. Berman
Senator Townsend moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 634.
Remarks by Senator Townsend.
Motion carried.
Madam President:
The first Conference Committee concerning Assembly Joint Resolution No. 1, 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 resolution be further amended as set forth in Conference Amendment No. CA21, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the resolution, page 1, line 13, after “for” by inserting: “25 years or”.
Amend the resolution, page 2, between lines 23 and 24, by inserting:
“Whereas, The operations and activities conducted on the Nellis Air Force Range must be monitored and reviewed periodically to determine whether those operations and activities are necessary, and to consider the possibility of authorizing other uses of the public land within the range by residents of this state; and”.
Amend the resolution, page 2, line 38, by deleting “and”.
Amend the resolution, page 3, line 1, after “of the” by inserting “public”.
Amend the resolution, page 3, line 2, after “state;” by inserting:
“4. Congress reviews the indefinite withdrawal every 15 years without requiring the preparation of an Environmental Impact Statement; and
5. Congress does not authorize high-level radioactive waste to be stored temporarily or permanently at any location within the Nellis Air Force Range;”.
Lawrence E. Jacobsen Douglas A. Bache
Bob Coffin Dawn Gibbons
Mike McGinness P. M. "Roy" Neighbors
Senate Conference Committee Assembly Conference Committee
Senator Jacobsen moved that the Senate adopt the report of the first Conference Committee concerning Assembly Joint Resolution No. 1.
Remarks by Senator Jacobsen.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Porter, McGinness and Shaffer as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 192.
Madam President appointed Senators Rhoads, Amodei and Shaffer as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 417.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 555—AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the 1999-2001 biennium; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of money for public schools; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 205.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 696.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 193.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1177.
Amend the bill as a whole by renumbering sections 1 through 5 as sections 2 through 6 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 414.040 is hereby amended to read as follows:
2. The chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The chief, subject to the direction and control of the director, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the director.
4. To facilitate the development of a comprehensive, coordinated approach to emergency management, the chief may develop an integrated process, using the partnership of governmental entities, business and industry and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies. In developing this process, he may suggest activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency occurs by fostering the adoption of plans for emergency operations, the training of necessary personnel and the acquisition of necessary resources;
(c) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(d) Restore the operation of vital community life-support systems and return persons and property affected by an emergency to a condition that is comparable to what existed before the emergency occurred.
5. The division shall perform the duties required pursuant to section 13 of this act at the request of a state agency or local government.”.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting:
“2. The division of emergency management of the department of motor vehicles and public safety shall administer the account. The division may adopt regulations authorized by this section”.
Amend section 1, page 1, line 12, by deleting “commission.” and inserting “division.”.
Amend section 1, page 2, line 3, by deleting: “natural or technological” and inserting: “natural, technological or man-made”.
Amend section 1, page 2, by deleting lines 6 and 7 and inserting:
“(b) Pay any actual expenses incurred by the division for administration during a natural, technological or man-made emergency or disaster.”.
Amend section 1, page 2, line 10, by deleting “commission” and inserting “division”.
Amend section 1, page 2, line 18, by deleting “commission” and inserting “division”.
Amend section 1, page 2, line 21, by deleting “commission” and inserting “division”.
Amend section 1, page 2, line 23, by deleting “commission” and inserting “division”.
Amend section 1, page 2, line 24, by deleting “commission” and inserting “division”.
Amend section 1, page 2, line 29, by deleting “commission.” and inserting “division.”.
Amend sec. 2, page 2, by deleting lines 36 through 39 and inserting:
“2. May activate such persons [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070] to perform the duties of the state disaster identification team [.] :
(a) During a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070;”.
Amend sec. 3, page
3, by deleting line 6 and inserting: “emergency or declaration of disaster.]”.
Amend sec. 3, page
3, line 7, by deleting “emergency,]” and inserting: “emergency
or declaration of disaster and at the request of the chief,]”.
Amend sec. 4, page
3, line 17, by deleting “emergency,]” and inserting: “emergency
or declaration of disaster,]”.
Amend sec. 5, page
3, line 36, by deleting “emergency.]” and inserting: “emergency
or declaration of disaster.]”.
Amend sec. 5, page
3, line 41, by deleting “emergency.]” and inserting: “emergency
or declaration of disaster.]”.
Amend the bill as a whole by deleting sec. 6, renumbering sections 7 and 8 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 5, to read as follows:
“Sec. 7. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues,and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the director of the department,
within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall, in the manner prescribed by the director of the department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request , [during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070,] provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a);and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevadaor any political subdivision thereoffor a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevadaor any political subdivisionthereof intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the State of Nevadaor any political subdivision thereofhas a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session,a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and thedelinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or thedelinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or thedelinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
(c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.
(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.”.
Amend sec. 7, page
8, line 33, after “emergency” by inserting: “or declaration of
disaster”.
Amend sec. 8, page
9, line 27, after “emergency” by inserting: “or declaration of
disaster”.
Amend the bill as a whole by renumbering sections 9 and 10 as sections 22 and 23, and adding new sections designated sections 10 through 21, following sec. 8, to read as follows;
“Sec. 10. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 11, 12 and 13 of this act.
Sec. 11. “Division” means the division of emergency management of the department of motor vehicles and public safety.
Sec. 12. A local government may request a grant or loan from the fund if:
1. Pursuant to NRS 414.090, the governing body of the local government determines that an event which has occurred constitutes a disaster; and
2. After the division conducts a preliminary assessment of the damages pursuant to section 13 of this act, the division determines that an event has occurred that constitutes a disaster.
Sec. 13. 1. A state agency or local government may request the division to conduct a preliminary assessment of the damages related to an event for which the state agency or local government seeks a grant or loan from the fund.
2. Upon receipt of such a request, the division shall investigate the event or cause the event to be investigated to make a preliminary assessment of the damages related to the event and shall make or cause to be made a written report of the damages related to the event.
3. As soon as practicable after completion of the investigation and preparation of the report of damages, the division shall:
(a) Determine whether the event constitutes a disaster for which the state agency or local government may seek a grant or loan from the fund; and
(b) Submit the report prepared pursuant to this section and its written determination regarding whether the event constitutes a disaster to the state agency or local government.
4. The division shall prescribe by regulation the information that must be included in a report of damages, including, without limitation, a description of the damage caused by the event, an estimate of the costs to repair such damage and a specification of whether the purpose of the project is for repair or replacement, emergency response or mitigation.
Sec. 14. NRS 353.2705 is hereby amended to read as follows:
Sec. 15. NRS 353.271 is hereby amended to read as follows:
1. Results in, or may result in, widespread or severe damage to property or injury to or the death of persons in this state; and
2. As determined by [the governor,]
(a) The governor; or
(b) The governing body of a local government pursuant to NRS 414.090 and the division pursuant to section 13 of this act,
requires immediate action to protect the health, safety and welfare of the residents of this state.
Sec. 16. NRS 353.2735 is hereby amended to read as follows:
(a) A direct legislative appropriation to the fund;
(b) A transfer of one-half of the interest earned on money in the fund to stabilize the operation of state government made pursuant to NRS 353.288; and
(c) A grant, gift or donation to the fund,
must be deposited in the fund. Except as otherwise provided in NRS 414.135, the interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund.
2. If, at the end of each quarter of a fiscal year, the balance in the fund exceeds 0.75 percent of the total amount of all appropriations from the state general fund for the operation of all departments, institutions and agencies of state government and authorized expenditures from the state general fund for the regulation of gaming for that fiscal year, the state controller shall not, until the balance in the fund is 0.75 percent or less of that amount, transfer any interest earned on money in the fund to stabilize the operation of state government from the state general fund to the fund pursuant to the provisions of NRS 353.288.
3. Money in the fund may be distributed through grants and loans to state agencies and local governments as provided in NRS 353.2705 to 353.2771, inclusive[.] , and sections 11, 12 and 13 of this act. Except as otherwise provided in NRS 353.276, such grants will be disbursed on the basis of reimbursement of costs authorized pursuant to NRS 353.274 and 353.2745.
4. If the governor declares a disaster, the state board of examiners shall estimate:
(a) The money in the fund that is available for grants and loans for the disaster pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive[;] , and sections 11, 12 and 13 of this act; and
(b) The anticipated amount of those grants and loans for the disaster.
Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the fund for such grants and loans, all grants and loans from the fund for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceeds the money in the fund that is available for grants and loans for the disaster. If the reduction of a grant or loan from the fund would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.
Sec. 17. NRS 353.274 is hereby amended to read as follows:
1. The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the state and damaged by the disaster;
2. Any emergency measures undertaken to save lives, protect public health and safety or protect public property in the jurisdiction in which the disaster occurred;
3. The removal of debris from publicly or privately owned land and waterways undertaken because of the disaster; and
4. The administration of a disaster assistance program.
Sec. 18. NRS 353.2745 is hereby amended to read as follows:
1. The payment of not more than 50 percent of the expenses incurred by the local government for:
(a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster; and
(b) Any emergency measures undertaken to save lives, protect public health and safety or protect public property in the jurisdiction in which the disaster occurred; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government.
Sec. 19. NRS 353.2751 is hereby amended to read as follows:
1. The payment of expenses incurred by the local government for:
(a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster;
(b) Any overtime worked by an employee of the local government because of the disaster or any other extraordinary expenses incurred by the local government because of the disaster; and
(c) Any projects to reduce or prevent the possibility of damage to persons or property from similar disasters in the future; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government. Before a loan may be distributed to a local government pursuant to this subsection:
(a) The interim finance committee must make a determination that the local government is currently unable to meet its financial obligations; and
(b) The local government must execute a loan agreement in which the local government agrees to:
(1) Use the money only for the purpose of paying the grant match; and
(2) Repay the entire amount of the loan, without any interest or other charges, to the disaster relief fund not later than 10 years after the date on which the agreement is executed.
Sec. 20. NRS 353.2755 is hereby amended to read as follows:
(a) The agency or local government finds that, because of a disaster, it is unable to pay for an expense or grant match specified in NRS 353.274, 353.2745 or 353.2751 from money appropriated or otherwise available to the agency or local government; [and]
(b) The request has been approved by the chief administrative officer of the state agency or the governing body of the local government[.] ; and
(c) If the requester is an incorporated city, the city has requested financial assistance from the county and was denied all or a portion of the requested assistance.
2. A request for a grant or loan submitted pursuant to subsection 1 must be made within 60 days after the disaster and must include:
(a) A statement setting forth the amount of money requested by the state agency or local government;
(b) An assessment of the need of the state agency or local government for the money requested;
(c) If the request is submitted by a local government that has established a fund pursuant to NRS 354.6115 to mitigate the effects of a natural disaster, a statement of the amount of money that is available in that fund, if any, for the payment of expenses incurred by the local government as a result of a disaster; [and]
(d) A determination of the type, value and amount of resources the state agency or local government may be required to provide as a condition for the receipt of a grant or loan from the fund[.] ;
(e) A written report of damages prepared by the division and the written determination made by the division that the event constitutes a disaster pursuant to section 13 of this act; and
(f) If the requester is an incorporated city, all documents which relate to a request for assistance submitted to the board of county commissioners of the county in which the city is located.
Any additional documentation relating to the request that is requested by the state board of examiners must be submitted within 6 months after the disaster unless the state board of examiners and the interim finance committee grants an extension.
3. Upon the receipt of a complete request for a grant or loan submitted pursuant to subsection 1, the state board of examiners:
(a) Shall consider the request; and
(b) May require any additional information that it determines is necessary to make a recommendation.
4. If the state board of examiners finds that a grant or loan is appropriate, it shall include in its recommendation to the interim finance committee the proposed amount of the grant or loan. If the state board of examiners recommends a grant, it shall include a recommendation regarding whether or not the state agency or local government requires an advance to avoid severe financial hardship. If the state board of examiners recommends a loan for a local government, it shall include the information required pursuant to subsection 1 of NRS 353.2765. If the state board of examiners finds that a grant or loan is not appropriate, it shall include in its recommendation the reason for its determination.
5. The provisions of this section do not prohibit a state agency or local government from submitting more than one request for a grant or loan from the fund.
6. As used in this section, the term “natural disaster” has the meaning ascribed to it in NRS 354.6115.
Sec. 21. NRS 353.276 is hereby amended to read as follows:
2. The interim finance committee may reject any recommendation of the state board of examiners and independently evaluate and act upon any request submitted pursuant to NRS 353.2755.
3. If the interim finance committee finds that a grant or loan from the fund is appropriate and may be made in accordance with the provisions of NRS 353.2705 to 353.2771, inclusive, and sections 11, 12 and 13 of this act, it shall, by resolution:
(a) Establish the amount and purpose of the grant or loan . [; and
(b) Provide]
(b) Except as otherwise provided in this paragraph, provide for the transfer of that amount from the fund to the appropriate state agency or local government. If the request is for a grant, the interim finance committee shall authorize disbursement of the grant from the fund on the basis of reimbursement for costs unless it determines that disbursement in that manner would cause severe financial hardship to the state agency or local government. If the interim finance committee determines that disbursement on the basis of reimbursement of costs would cause severe financial hardship, the interim finance committee may authorize an advance of money to the state agency or local government in an amount not to exceed 25 percent of the total estimated cost of the projects for which the grant is requested.
4. No grant or loan from the fund may be made by the interim finance committee to increase the salaries of any officers or employees of the state or a local government.”.
Amend sec. 9, page 9, lines 35 and 36, by deleting: “For the purposes of assisting” and inserting “To assist”.
Amend sec. 9, page
10, line 25, after “emergency” by inserting: “or declaration of
disaster”.
Amend sec. 10,
page 11, line 37, after “emergency” by inserting: “or declaration of disaster”.
Amend the bill as a whole by renumbering sec. 11 as sec. 25 and adding a new section designated sec. 24, following sec. 10, to read as follows:
“Sec. 24. Section 22 of Assembly Bill No. 626 of this session is hereby amended to read as follows:
Sec. 22. NRS 179A.075 is hereby amended to read as follows:
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues,and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the director of the department,
within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall, in the manner prescribed by the director of the department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a);and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevadaor any political subdivision thereoffor a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevadaor any political subdivisionthereof intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the State of Nevadaor any political subdivision thereofhas a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session,a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and thedelinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or thedelinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or thedelinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
(c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.
(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.”.
Amend the bill as a whole by adding new sections designated sections 26 and 27, following sec. 11, to read as follows:
“Sec. 26. 1. There is hereby appropriated from the state general fund to the division of emergency management of the department of motor vehicles and public safety the sum of $30,000 for contract computer programming assistance on software relating to emergency management.
2. Any remaining balance of the appropriation made in subsection 1 must not be committed for expenditure after July 1, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 27. 1. This section and section 26 of this act become effective upon passage and approval.
2. Sections 1, 10 to 21, inclusive, 24 and 25 of this act become effective on October 1, 1999.
3. Sections 2 to 9, inclusive, 22 and 23 of this act become effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, by deleting the seventh line and inserting: “making various changes to provisions relating to the disaster relief fund; making appropriations to the division for certain purposes; and providing other matters properly”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 348.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
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. 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 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.
(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
(c) The] it is not authorizing the formation of charter schools on the basis of a single race, religion or ethnicity.
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.
(c) In a county whose population is less than 100,000, one charter school 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;
(c) Representatives of a private business; or
(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.
(c) A written description of the level and type of educational services that will be provided to pupils who are at risk.
(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.
(c) If the proposal for a charter school includes the conversion of a private school as authorized by subsection 4:
(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 [a public 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:
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;
(c) Religion;
(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
(c) Who are at risk.
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
(c) Have at least 8 years of experience in the field in which he is employed and possess exemplary skills in that field.
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.
(c) In addition to the requirements of paragraphs (a) and (b):
(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:
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;
(c) Number of hours that a teacher may work in 1 day;
(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;
(c) Department;
(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:
(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.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
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.
(c) Adding the amounts computed in paragraphs (a) and (b).
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:
(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:
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;
(c) The number of pupils enrolled; and
(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;
(c) Science; and
(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;
(c) Health; and
(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.
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.
(c) Physiology, hygiene and cardiopulmonary resuscitation.
(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:
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:
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:
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:
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:
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;
(c) Any terms or conditions of the exemption deemed appropriate by the superintendent of public instruction; and
(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
(c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.
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:
(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
(c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.
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:
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:
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:
2. The commission shall:
(a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
4. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
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
(c) The remainder of the tax in the state distributive school account in the state general fund.
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.
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 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)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 555, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
GENERAL FILE AND THIRD READING
Senate Bill No. 353.
Bill read third time.
Roll call on Senate Bill No. 353:
Yeas—21.
Nays—None.
Senate Bill No. 353 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 554.
Bill read third time.
Remarks by Senator O’Connell.
Roll call on Senate Bill No. 554:
Yeas—21.
Nays—None.
Senate Bill No. 554 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 170.
Bill read third time.
Remarks by Senator Porter.
Roll call on Assembly Bill No. 170:
Yeas—14.
Nays—Care, Coffin, James, Mathews, O’Connell, Titus, Wiener—7.
Assembly Bill No. 170 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 368.
Bill read third time.
Roll call on Assembly Bill No. 368:
Yeas—21.
Nays—None.
Assembly Bill No. 368 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 595.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Assembly Bill No. 595:
Yeas—21.
Nays—None.
Assembly Bill No. 595 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 622.
Bill read third time.
Roll call on Assembly Bill No. 622:
Yeas—18.
Nays—Carlton, O’Connell, Titus—3.
Assembly Bill No. 622 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 679.
Bill read third time.
Roll call on Assembly Bill No. 679:
Yeas—18.
Nays—Amodei, Carlton, James—3.
Assembly Bill No. 679 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 683.
Bill read third time.
Roll call on Assembly Bill No. 683:
Yeas—21.
Nays—None.
Assembly Bill No. 683 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 689.
Bill read third time.
Roll call on Assembly Bill No. 689:
Yeas—17.
Nays—Neal, O’Connell, O’Donnell, Washington—4.
Assembly Bill No. 689 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 8:42 p.m.
SENATE IN SESSION
At 8:55 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 679 was this day passed.
GENERAL FILE AND THIRD READING
Assembly Bill No. 691.
Bill read third time.
Remarks by Senators Raggio and Amodei.
Roll call on Assembly Bill No. 691:
Yeas—21.
Nays—None.
Assembly Bill No. 691 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 693.
Bill read third time.
Remarks by Senators O’Connell, Rhoads and McGinness.
Roll call on Assembly Bill No. 693:
Yeas—20.
Nays—James.
Assembly Bill No. 693 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 697.
Bill read third time.
Remarks by Senators O’Connell, Raggio and James.
Senator James disclosed that his father is the state climatologist.
Roll call on Assembly Bill No. 697:
Yeas—21.
Nays—None.
Assembly Bill No. 697 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 555.
Bill read third time.
Roll call on Senate Bill No. 555:
Yeas—21.
Nays—None.
Senate Bill No. 555 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 8, 37, 236, 280, 283, 288, 305, 308, 368, 401, 404, 443, 469, 504, 545; Senate Joint Resolution No. 22; Assembly Bills Nos. 38, 59, 76, 130, 272, 324, 610, 635, 673, 687; Assembly Concurrent Resolutions Nos. 74, 75, 76, 77.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Dr. David Ord.
Senator Raggio moved that the Senate adjourn until Sunday, May 30, 1999 at 11 a.m., and that it do so in memory of Carol Martini as requested by Senator Washington.
Motion carried.
Senate adjourned at 9:22 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas