THE ONE HUNDRED AND ELEVENTH DAY
Carson City (Saturday), May 26, 2001
Assembly called to order at 10:21 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Bruce Henderson.
Lord, here we are, and it’s Saturday. I guess that even the weekend is no longer sacred. But, Father, this place is. And our mission here is. They are sacred because You are here. Be with us in these final days of our session, and please grant us wisdom, compassion and peace. I pray in Your Name, the Name above all names.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 664, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 63, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 187, 511, 517, 524, 527, 529, 532, 533, 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 Ways and Means, to which was referred Assembly Bill No. 613, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 25, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 582; Senate Bills Nos. 431, 574.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 195, Amendment No. 848; Assembly Bill No. 242, Amendment No. 1005; Assembly Bill No. 443, Amendment No. 822; Assembly Bill No. 444, Amendment No. 995; Assembly Bill No. 555, Amendment No. 929; Assembly Bill No. 556, Amendment Nos. 768, 1004; Assembly Bill No. 637, Amendment No. 830; Assembly Bill No. 643, Amendment Nos. 796, 960, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 35.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 788 to Senate Bill No. 39; Assembly Amendment No. 889 to Senate Bill No. 227; Assembly Amendment No. 790 to Senate Bill No. 238; Assembly Amendment No. 835 to Senate Bill No. 252; Assembly Amendment No. 837 to Senate Bill No. 274; Assembly Amendment No. 808 to Senate Bill No. 380; Assembly Amendment No. 809 to Senate Bill No. 381; Assembly Amendment No. 885 to Senate Bill No. 397; Assembly Amendment No. 776 to Senate Bill No. 406; Assembly Amendment No. 718 to Senate Bill No. 467; Assembly Amendment No. 723 to Senate Bill No. 483; Assembly Amendment No. 789 to Senate Bill No. 499; Assembly Amendment Nos. 719, 864 to Senate Bill No. 519; Assembly Amendment No. 888 to Senate Bill No. 557.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 109, 137, 139, 170, 174, 277, 319, 573.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 48, Senate Amendment No. 802, and requests a conference, and appointed Senators Amodei, Shaffer and Rhoads as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 883 to Senate Bill No. 418.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the reading of histories on all Bills on the Second Reading File and the General File be dispensed with for this legislative day.
Motion carried.
general file and third reading
Assembly Bill No. 122.
Bill read third time.
Roll call on Assembly Bill No. 122:
Yeas—42.
Nays—None.
Assembly Bill No. 122 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 324.
Bill read third time.
Roll call on Assembly Bill No. 324:
Yeas—40.
Nays—Gustavson.
Not Voting—Arberry.
Assembly Bill No. 324 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 518.
Bill read third time.
Roll call on Assembly Bill No. 518:
Yeas—38.
Nays—Angle, Cegavske, Gustavson, Von Tobel—4.
Assembly Bill No. 518 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 530.
Bill read third time.
Roll call on Assembly Bill No. 530:
Yeas—42.
Nays—None.
Assembly Bill No. 530 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 531.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 531:
Yeas—42.
Nays—None.
Assembly Bill No. 531 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 554.
Bill read third time.
Roll call on Assembly Bill No. 554:
Yeas—42.
Nays—None.
Assembly Bill No. 554 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Assembly Bill No. 564 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
general file and third reading
Assembly Bill No. 598.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 598:
Yeas—42.
Nays—None.
Assembly Bill No. 598 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 187, 511, 517, 524, 527, 529, 532, 533, 613, 664 and Senate Bill No. 63 be placed on the Second Reading File.
Assemblyman Bache moved that Senate Bill No. 150 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 489 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Bache.
Motion carried.
Assemblywoman Chowning moved that Senate Bill No. 219 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblyman Anderson moved that Senate Bill No. 261 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 10:40 a.m.
ASSEMBLY IN SESSION
At 10:45 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that Senate Bill No. 288 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 201 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
general file and third reading
Senate Bill No. 6.
Bill read third time.
Roll call on Senate Bill No. 6:
Yeas—42.
Nays—None.
Senate Bill No. 6 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 33.
Bill read third time.
Roll call on Senate Bill No. 33:
Yeas—41.
Nays—None.
Not Voting—Brower.
Senate Bill No. 33 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 65.
Bill read third time.
Roll call on Senate Bill No. 65:
Yeas—42.
Nays—None.
Senate Bill No. 65 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 127.
Bill read third time.
Remarks by Assemblymen Angle and Carpenter.
Roll call on Senate Bill No. 127:
Yeas—42.
Nays—None.
Senate Bill No. 127 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 165.
Bill read third time.
Roll call on Senate Bill No. 165:
Yeas—42.
Nays—None.
Senate Bill No. 165 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 243.
Bill read third time.
Remarks by Assemblymen Anderson, Smith and Williams.
Roll call on Senate Bill No. 243:
Yeas—39.
Nays—Angle, Gustavson, Von Tobel—3.
Senate Bill No. 243 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 320.
Bill read third time.
Remarks by Assemblywomen Buckley and Freeman.
Roll call on Senate Bill No. 320:
Yeas—42.
Nays—None.
Senate Bill No. 320 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 352.
Bill read third time.
Remarks by Assemblywomen Parnell and Buckley.
Roll call on Senate Bill No. 352:
Yeas—42.
Nays—None.
Senate Bill No. 352 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 362.
Bill read third time.
Roll call on Senate Bill No. 362:
Yeas—42.
Nays—None.
Senate Bill No. 362 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 425.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 425:
Yeas—42.
Nays—None.
Senate Bill No. 425 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 516 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblyman Arberry moved that Senate Bill No. 196 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Arberry.
Motion carried.
general file and third reading
Senate Bill No. 482.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Senate Bill No. 482:
Yeas—42.
Nays—None.
Senate Bill No. 482 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 487.
Bill read third time.
Roll call on Senate Bill No. 487:
Yeas—41.
Nays—None.
Not Voting—Goldwater.
Senate Bill No. 487 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 524.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 524:
Yeas—42.
Nays—None.
Senate Bill No. 524 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 527.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Conflict of interest declared by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 527:
Yeas—41.
Nays—None.
Not Voting—Ohrenschall.
Senate Bill No. 527 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 516 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Anderson.
Motion carried.
general file and third reading
Senate Bill No. 544.
Bill read third time.
Roll call on Senate Bill No. 544:
Yeas—42.
Nays—None.
Senate Bill No. 544 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 565.
Bill read third time.
Roll call on Senate Bill No. 565:
Yeas—42.
Nays—None.
Senate Bill No. 565 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 150.
Bill read third time.
Roll call on Senate Bill No. 150:
Yeas—42.
Nays—None.
Senate Bill No. 150 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 219.
Bill read third time.
Remarks by Assemblywomen Chowning and Buckley.
Assemblyman Parks requested that the following remarks be entered in the Journal.
Assemblywoman Chowning:
Thank you, Mr. Speaker. SB 219 does authorize transfer of property to the original person who owned the property if a part of the property has not been used by the Department of Transportation. It allows for an objection to be filed on appraisal of the property and sets forth that procedure. If the person who was originally the owner does not let the Department of Transportation know that they wish to purchase the property back within a certain amount of time then the Department of Transportation may go ahead with the sale. We had some questions about the bill and those have been resolved. I urge your support. Thank you.
Assemblywoman Buckley:
Thank you, Mr. Speaker. I rise in support of SB 219. There were a number of members that had questions and for the record I wanted to clarify. On page two the deletions of line seven and eight are intended to have no substantive impact at all. The argument was made by the Department of Transportation that all property that is later abandoned is no longer needed for highway purposes. I wanted to make that clear so that folks get these protections.
Roll call on Senate Bill No. 219:
Yeas—42.
Nays—None.
Senate Bill No. 219 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 261.
Bill read third time.
The following amendment was proposed by Assemblymen Anderson, Buckley and Chowning:
Amendment No. 1063.
Amend sec. 7, pages 7 and 8, by deleting lines 44 through 49 on page 7 and lines 1 through 22 on page 8, and inserting:
“116.4109 1. Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner shall furnish to a purchaser before the execution of any contract for the sale of a unit, or otherwise before conveyance:
(a) A copy of the declaration, other than any plats and plans, the bylaws, the rules or regulations of the association and [, except for a time share governed by the provisions of chapter 119A of NRS,] the information statement required by NRS 116.41095;
(b) A statement setting forth the amount of the monthly assessment for common expenses , any other fees payable by a unit’s owner and any unpaid assessment of any kind currently due from the selling unit’s owner [;] that the purchaser will be obligated to pay;
(c) A statement setting forth any unpaid fines due from the selling unit’s owner that the purchaser will be obligated to pay;
(d) A statement listing all written notices of a violation of the governing documents of the association associated with the unit which the association has previously provided to the selling unit’s owner and which the purchaser will be obligated to correct or repair;
(e) The current operating budget of the association and a financial statement for the association; [and
(d)] (f) A statement of any unsatisfied judgments or pending legal actions [against] to which the association is a party and the status of any such pending legal actions [relating to the common-interest community of which the unit’s owner has actual knowledge.] ;
(g) A statement of any pending claims submitted to arbitration or mediation to which the association is a party; and
(h) A statement of any claim for a constructional defect of which the association has actual knowledge and for which the association will be a party.
2. The association, within 10 days after receipt of a written request by a unit’s owner, shall furnish a certificate addressed to the unit’s owner at the address included in the written request containing the information necessary to enable the unit’s owner to comply with this section. The certificate must be signed by a member of the executive board of the association or an authorized agent of the association. A unit’s owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.
3. [Neither] Except as otherwise provided in subsection 6, neither a purchaser nor the purchaser’s interest in a unit is liable to the association for [any] :
(a) Any unpaid assessment , [or] fee or fine greater than the amount [set forth in the certificate prepared by the association.] disclosed pursuant to this section; or
(b) The correction or repair of any violation of the governing documents of the association that is not disclosed pursuant to paragraph (d) of subsection 1.
4. If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable to the association for [the] :
(a) Any delinquent assessment [.] , fee or fine owed to the association; or
(b) The correction or repair of any violation of the governing documents of the association associated with the unit that is required to be disclosed pursuant to paragraph (d) of subsection 1.
5. A certificate issued by an association pursuant to this section becomes effective on the date the certificate is signed pursuant to subsection 2.
6. The association is not liable to any person for undisclosed information if a unit’s owner does not make a written request for a certificate pursuant to subsection 2.”.
Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:
“Sec. 7.5. NRS 116.41095 is hereby amended to read as follows:
116.41095 The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form:
BEFORE YOU PURCHASE PROPERTY IN A
COMMON-INTEREST COMMUNITY
DID YOU KNOW . . .
1. YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?
These restrictions
are contained in a document known as the Declaration of Covenants, Conditions
and Restrictions (C, C & R’s) that should be provided for your review
before making your purchase. The C, C & R’s become a part of the title to
your property. They bind you and every future owner of the property whether or
not you have read them or had them explained to you. The C, C & R’s,
together with other “governing documents” (such as association bylaws and rules
and regulations), are intended to preserve the character and value of
properties in the community, but may also restrict what you can do to improve
or change your property and limit how you use and enjoy your property. By
purchasing a property encumbered by C, C & R’s, you are agreeing to
limitations that could affect your lifestyle and freedom of choice. You should
review the C, C & R’s and other governing documents before purchasing to
make sure that these limitations and controls are acceptable to you.
2. YOU WILL HAVE TO PAY OWNERS’ ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?
As an owner in a
common-interest community, you are responsible for paying your share of
expenses relating to the common elements, such as landscaping, shared amenities
and the operation of any homeowner’s association. The obligation to pay these
assessments binds you and every future owner of the property. Owners’ fees are
usually assessed by the homeowner’s association and due monthly. You have to
pay dues whether or not you agree with the way the association is managing the
property or spending the assessments. The executive board of the association
may have the power to change and increase the amount of the assessment and to
levy special assessments against your property to meet extraordinary expenses.
In some communities, major components of the community such as roofs and
private roads must be maintained and replaced by the association. If the
association is not well managed or fails to maintain adequate reserves to repair,
replace and restore common elements, you may be required to pay large, special
assessments to accomplish these tasks.
3. IF YOU FAIL TO PAY OWNERS’ ASSESSMENTS, YOU COULD LOSE YOUR HOME?
If you do not pay
these assessments when due, the association usually has the power to collect
them by selling your property in a nonjudicial foreclosure sale. If fees become
delinquent, you may also be required to pay penalties and the association’s
costs and attorney’s fees to become current. If you dispute the obligation or
its amount, your only remedy to avoid the loss of your home may be to file a
lawsuit and ask a court to intervene in the dispute.
4. YOU MAY BECOME A MEMBER OF A HOMEOWNER’S ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?
Many
common-interest communities have a homeowner’s association. In a new
development, the association will usually be controlled by the developer until
a certain number of units have been sold. After the period of developer
control, the association may be controlled by property owners like yourself who
are elected by homeowners to sit on an executive board and other boards and
committees formed by the association. The association, and its executive board,
are responsible for assessing homeowners for the cost of operating the
association and the common or shared elements of the community and for the [day to day]
day-to-day
operation and management of the community. Because homeowners
sitting on the executive board and other boards and committees of the
association may not have the experience or professional background required to
understand and carry out the responsibilities of the association properly, the
association may hire professional managers to carry out these responsibilities.
Homeowner’s
associations operate on democratic principles. Some decisions require all
homeowners to vote, some decisions are made by the executive board or other
boards or committees established by the association or governing documents.
Although the actions of the association and its executive board are governed by
state laws, the C, C & R’s and other documents that govern the
common-interest community, decisions made by these persons will affect your use
and enjoyment of your property, your lifestyle and freedom of choice, and your
cost of living in the community. You may not agree with decisions made by the
association or its governing bodies even though the decisions are ones which
the association is authorized to make. Decisions may be made by a few persons
on the executive board or governing bodies that do not necessarily reflect the
view of the majority of homeowners in the community. If you do not agree with
decisions made by the association, its executive board or other governing
bodies, your remedy is typically to attempt to use the democratic processes of
the association to seek the election of members of the executive board or other
governing bodies that are more responsive to your needs. If persons controlling
the association or its management are not complying with state laws or the
governing documents, your remedy is typically to seek to mediate or arbitrate
the dispute and, if mediation or arbitration is unsuccessful, file a lawsuit
and ask a court to resolve the dispute. In addition to your personal cost in
mediation or arbitration, or to prosecute a lawsuit, you may be responsible for
paying your share of the association’s cost in defending against your claim.
There is no government agency in this state that investigates or intervenes to
resolve disputes in homeowner’s associations.
5. YOU ARE REQUIRED TO PROVIDE PROSPECTIVE BUYERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?
The law requires
you to provide to a prospective purchaser of your property, before you enter
into a purchase agreement[, a] :
(a) A copy of the community’s governing documents, including the C, C & R’s, association bylaws, and rules and regulations, as well as a copy of this document. [You are also required to provide a]
(b) A copy of the association’s current financial statement, operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair, replacement and restoration of common elements. [You are also required to inform prospective purchasers]
(c) A statement setting forth any other fees payable by a unit’s owner and any unpaid assessment or fine that the purchaser will be obligated to pay.
(d) A statement listing all written notices of a violation of the governing documents of the association associated with the unit which the association has previously provided to you and which the purchaser will be obligated to correct or repair.
(e) A statement of any outstanding judgments or [lawsuits pending against] pending legal actions to which the association [of which you are aware. You are also required to provide a] is a party and the status of such pending legal actions.
(f) A statement of any pending claims submitted to arbitration or mediation to which the association is a party.
(g) A statement of any claim for a constructional defect of which the association has actual knowledge and for which the association will be a party.
(h) A copy of the minutes from the most recent meeting of the homeowner’s association or its executive board.
For more
information regarding these requirements, see Nevada Revised Statutes 116.4103[.] and 116.4109.
6. YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?
Pursuant to
provisions of chapter 116 of Nevada Revised Statutes, you have the right:
(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.
(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.
(c) To request a special meeting of the association upon petition of at least 10 percent of the homeowners.
(d) To inspect, examine, photocopy and audit financial and other records of the association.
(e) To be notified of all changes in the community’s rules and regulations and other actions by the association or board that affect you.
7. QUESTIONS?
Although they may be voluminous, you
should take the time to read and understand the documents that will control
your ownership of a property in a common-interest community. You may wish to
ask your real estate professional, lawyer or other person with experience to
explain anything you do not understand. You may also request assistance from
the ombudsman for owners in common-interest communities, Nevada Real Estate
Division, at (telephone number).
Buyer or prospective buyer’s
initials: ______
Date: ______”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to property; limiting the applicability of provisions governing common-interest communities to the sale or transfer of time shares; revising the information that must be furnished by a unit’s owner in a common-interest community to a prospective purchaser before the sale of the unit; requiring a manager of”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing time shares and common-interest communities. (BDR 10-819)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 288.
Bill read second time.
The following amendment was proposed by Assemblywomen Giunchigliani and Chowning:
Amendment No. 1062.
Amend section 1, page 1, line 16, by deleting “[6] 15 and inserting “6”.
Amend the title of the bill by deleting the third and fourth lines and inserting:
“has access; and providing”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywomen Giunchigliani and Chowning.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 201.
Bill read third time.
Roll call on Senate Bill No. 201:
Yeas—42.
Nays—None.
Senate Bill No. 201 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 196.
Bill read third time.
Roll call on Senate Bill No. 196:
Yeas—42.
Nays—None.
Senate Bill No. 196 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 216, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Senate Bill No. 399, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 507, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which was referred Assembly Bill No. 189, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 311, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 189, 507; Senate Bills Nos. 216 and 399 be placed on the Second Reading File.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 311 be placed on the General File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 187.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1052.
Amend section 1, page 1, line 2, by deleting “$760,000” and inserting “$700,000”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 511.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1053.
Amend section 1, page 1, line 2, by deleting “$400,000” and inserting “$200,000”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 517.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1055.
Amend section 1, page 1, line 2, by deleting:
“$167,407 for a vehicle,” and inserting “$117,244 for”.
Amend the title of the bill, first line, by deleting “a vehicle,”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Department of Human Resources for furnishings and equipment for Division of Child and Family Services. (BDR S‑1422)”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 524.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1056.
Amend section 1, page 1, lines 2 and 3, by deleting:
“$9,141,986 for phase II” and inserting:
“$4,641,986 for phase IIA”.
Amend the title of the bill, first line, by deleting “II” and inserting “IIA”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Department of Information Technology for phase IIA of digital microwave upgrade. (BDR S‑1358)”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 527.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1058.
Amend section 1, page 1, line 2, by deleting “$861,585” and inserting “$747,823”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 529.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1057.
Amend section 1, page 1, line 2, by deleting “$279,000” and inserting “$236,490”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 532.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1060.
Amend section 1, page 1, line 2, by deleting “$75,321 for” and inserting:
“$72,892 for a vehicle,”.
Amend section 1, page 1, line 3, by deleting “at” and inserting “for”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT making an appropriation to the Department of Human Resources for a vehicle, office equipment and remodeling for the Northern Nevada Child and Adolescent”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Department of Human Resources for vehicle, office equipment and remodeling for Northern Nevada Child and Adolescent Services. (BDR S‑1376)”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 533.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1059.
Amend section 1, page 1, line 2, by deleting “$18,320” and inserting “$15,150”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 613.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1013.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 12 through 14 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
Sec. 2. 1. The board of regents may administer, directly or through a designated officer or employee of the system, a program to provide loans for registration fees, laboratory fees and expenses, textbooks and course materials, and living expenses to students who are enrolled in programs of the system that provide courses of study and training for the education of teachers.
2. Each student to whom such a loan is made must:
(a) Have been a bona fide resident of this state for at least 6 months before his matriculation in the system;
(b) At the time the loan is made, be enrolled in a program of the system to become a licensed teacher;
(c) Fulfill all requirements for classification as a full-time student showing progression towards completion of the program; and
(d) Maintain at least a 2.0 grade-point average in each class and at least a 2.75 overall grade-point average, on a 4.0 grading scale.
3. Each such loan must be made upon the following terms:
(a) All loans must bear interest at 8 percent per annum beginning on the date when the student receives the loan.
(b) Each student who receives a loan shall repay the loan with interest after the termination of his education for which the loan is made unless the amount owed is waived pursuant to section 4 of this act. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of his education for which the loan is made. The amounts of the installments must not be less than $50 and may be calculated to allow a smaller payment at the beginning of the period for repayment, with each succeeding payment gradually increasing so that the total amount due will be paid within the period of repayment. The maximum period for repayment of the loans must be:
(1) Five years for loans that total less than $10,000.
(2) Eight years for loans that total $10,000 or more, but less than $20,000.
(3) Ten years for loans that total $20,000 or more.
4. A delinquency charge may be assessed on an installment that is delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
5. If a person is delinquent in repayment, the reasonable costs of collection and an attorney’s fee may be recovered from the person.
6. As used in this section, “bona fide resident” has the meaning ascribed to it in NRS 396.540.
(a) A community college, $1,700.
(b) A university, $2,005.
2. Money loaned pursuant to sections 2 to 9, inclusive, of this act must be allocated among the campuses of the system in amounts that will allow the same percentage of eligible students from each campus who are enrolled in programs that provide courses of study and training for the education of teachers to receive loans.
2. If a recipient of a loan desires to have the total amount of his loan waived pursuant to this section, the recipient shall file a statement of intent with the board of regents indicating that the recipient intends to:
(a) Obtain a license to teach issued pursuant to chapter 391 of NRS; and
(b) Teach full time for at least:
(1) Three consecutive school years in any public school where a majority of the pupils enrolled in the school are pupils at risk; or
(2) Five consecutive school years in any other public school in this state.
The recipient
shall submit verification at least once every 6 months to the board of regents
in a format prescribed by the board of regents indicating that the recipient
has maintained his status as a full-time licensed teacher in a public school in
this state.
3. Upon receipt of such a statement of intent, the board of regents shall defer the payment of the loan until the recipient of the loan has:
(a) Taught full time as a licensed teacher for:
(1) Three consecutive school years in any public school where a majority of the pupils enrolled in the school are pupils at risk, regardless of whether he teaches at the same school for all 3 years; or
(2) Five consecutive school years in any other public school in this state, regardless of whether he teaches at the same school for all 5 years; or
(b) Left his employment, voluntarily or otherwise, as a full-time licensed teacher in a public school in this state.
4. If a recipient of a loan who filed a statement of intent pursuant to subsection 2 satisfies the requirements of paragraph (a) of subsection 3, the recipient may apply to the board of regents to request a waiver of the loan and interest that must be repaid. The board of regents shall waive the total amount owed by the recipient upon receipt of credible evidence that the recipient has satisfied the requirements of paragraph (a) of subsection 3.
5. If a recipient of a loan who filed a statement of intent pursuant to subsection 2 leaves his employment, voluntarily or otherwise, as a full-time licensed teacher in a public school in this state, he shall repay the loan and accrued interest in full pursuant to the terms of the loan.
6. The board of regents may adopt:
(a) Regulations that extend the time for completing the qualified teaching service beyond 3 or 5 years, as applicable, for persons who are granted extensions because of hardship; and
(b) Such other regulations as are necessary to carry out the provisions of sections 2 to 9, inclusive, of this act.
7. The board of regents shall, in cooperation with the boards of trustees of school districts in this state:
(a) Identify, on an annual basis, the public schools within this state where a majority of the pupils enrolled are pupils at risk.
(b) Recruit pupils who are enrolled in high schools in this state into the program to provide loans to students pursuant to sections 2 to 9, inclusive, of this act.
8. As used in this section, “pupil at risk” has the meaning ascribed to it in NRS 386.500.
Sec. 5. The board of regents or its designee may require:
1. A student to acquire, as security for a student loan, insurance on his life and on his health or against his disability, or both.
2. That a financially responsible person agree to be jointly liable with the recipient of the loan for the repayment of the loan.
1. An installment is not paid within 30 days after it is due;
2. The recipient fails to notify the board of regents or its designee, within 30 days, of:
(a) A change of name or of the address of his home or place of employment; or
(b) The termination of the education for which he received the loan; or
3. The recipient fails to comply with a requirement or perform an obligation he is required to perform pursuant to an agreement with the board of regents or its designee.
1. For each infraction, impose a civil penalty of not more than $200 against the recipient in 1 academic year, and may deny additional money to the recipient if he fails to pay the civil penalty when due;
2. Increase the portion of a future loan to be repaid by the recipient; and
3. Extend the time by which the recipient is required to teach in this state in lieu of repaying his loan.
2. Applications for extensions must be filed within the time prescribed by regulation of the board of regents.
Sec. 9. 1. The board of regents shall:
(a) Receive, invest, disburse and separately account for all money received for the program.
(b) Use all the money that is accounted for separately pursuant to paragraph (a) only to provide loans to students and waivers of those loans pursuant to the program set forth in sections 2 to 9, inclusive, of this act.
(c) Report to the governor and the interim finance committee on or before October 1 of each year immediately preceding a regular session of the legislature, setting forth in detail the transactions conducted by the board of regents relating to the program during the biennium ending June 30 of that year.
(d) Make such recommendations for legislation that the board of regents considers appropriate for the program.
2. All money received in payment of loans or civil penalties must be deposited in the account required by subsection 1.
3. The money in the account required by subsection 1 and all interest and income earned on that money must remain in the account and does not revert to the state general fund at the end of any fiscal year.
Sec. 10. 1. The superintendent of public instruction shall transfer from the fund for school improvement to the University and Community College System of Nevada to provide loans and waivers of those loans pursuant to the program set forth in sections 2 to 9, inclusive, of this act, the sum of $250,000.
2. The board of regents shall:
(a) Use the money transferred pursuant to subsection 1 only to provide loans to students and waivers of those loans pursuant to the program set forth in sections 2 to 9, inclusive, of this act.
(b) Account for the money separately and credit that account with any interest and income earned on the money.
(c) Use all the money in the account, including, without limitation, all interest and income earned, only to provide loans to students and waivers of those loans pursuant to the program set forth in sections 2 to 9, inclusive, of this act.
Sec. 11. 1. There is hereby appropriated from the state general fund to the department of education for reimbursement of costs incurred by teachers to obtain endorsements in certain fields of specialization:
For the fiscal year 2001-2002 $50,000
For the fiscal year 2002-2003 $50,000
2. The department of education shall:
(a) In consultation with the boards of trustees of school districts throughout this state, identify fields of specialization where a shortage of teachers exist; and
(b) Maintain a list available for public inspection that contains the fields of specialization identified pursuant to paragraph (a).
3. A teacher who holds a current license to teach issued pursuant to chapter 391 of NRS may submit an application on a form provided by the department of education for reimbursement of the costs incurred by the teacher after July 1, 2001, in obtaining an endorsement in a field of specialization identified pursuant to subsection 2. The reimbursement must not exceed an amount equal to the actual verified costs incurred by a teacher in obtaining an endorsement or $2,000, whichever is less.
4. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend sec. 2, page 2, line 9, by deleting “$230,680” and inserting “$180,000”.
Amend sec. 2, page 2, line 10, by deleting “$230,680” and inserting “$205,000”.
Amend sec. 3, page 2, by deleting lines 25 through 27 and inserting:
“Sec. 14. This act becomes effective on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; authorizing the board of regents of the University of Nevada to administer a program of loans for students who are enrolled in teaching programs; providing for the waiver of those loans by the board of regents under certain circumstances; requiring certain transfers of money from the fund for school improvement; making an appropriation to reimburse certain costs incurred by licensed teachers in obtaining endorsements in certain fields of specialization; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to educational personnel. (BDR 34‑434)”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 664.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1078.
Amend sec. 17, page 20, line 23, by deleting “10” and inserting “11”.
Amend sec. 17, page 20, line 47, by deleting: “1, 5 and 8.” and inserting: “4, 6 and 10.”.
Amend sec. 17, page 21, line 4, by deleting: “4, 7 and 10.” and inserting: “5, 7, 8 and 11.”.
Amend sec. 17, page 21, line 10, by deleting “3, 6” and inserting “1, 3”.
Amend the bill as a whole by deleting sections 19 through 28 and adding new sections designated sections 19 through 28, following sec. 18, to read as follows:
“Sec. 19. NRS 396.0415 is hereby amended to read as follows:
396.0415 [Subdistrict A of district 1 consists of, in Washoe County:
1. Census voting districts 0103, 0105, 0106, 0109, 0111, 0112, 0116, 0118, 0121, 0122, 0123, 0124, 0125, 0127, 0131, 0132, 0133, 0135, 0136, 0200, 0203, 0206, 0208, 0212, 0215, 0223, 0231, 0232, 0235, 0240, 0242, 0243, 0244, 0245, 0251, 0252, 0253, 0305, 0306, 0310, 0312, 0317, 0323, 0335, 0336, 0337, 0338, 0339, 0346, 0347, 0348, 0350, 0351, 0402, 0403, 0410, 0420 and 0425, that portion of census voting district 0500 located in the Reno-Sparks census county division, and census voting districts 0501, 0507, 0516, 0517, 0521, 0522, 0524, 0532, 0533, 0534, 0535, 0536, 0700, 0701, 0702, 0704, 0707, 0709, 0710, 0749, 0761, 0780, 0781, 0782, 0795, 0803, 0849 and 0901.
2. All of census voting district 0444 except blocks 301B and 302B.] District 1 consists of, in Clark County:
1. Census tracts 000201, 000203, 000301, 000302, 000900, 003425, 003500, 003602, 003607, 003609, 003610, 003611, 003612, 003613, 003614, 003615, 003700, 004703, 004708, 004710, 004711, 004712, 004713, 004714, 004715, 004716, 004916, 004917, 006000, 006201, 006202, 006203 and 006204.
2. Census voting districts 2021, 2037, 2044, 2118, 2129, 2130, 2140, 3019, 3022, 3172, 4012, 4021, 4033 and 4060.
3. In census tract 000101, blocks 2000, 2001, 2002, 2003, 2014 and 2015.
4. In census tract 000204, blocks 1000 and 1003.
5. In census tract 000400, blocks 1002, 1003, 4006, 4007, 4008, 4009, 4016, 4017 and 6005.
6. In census tract 000700, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016.
7. In census tract 000800, blocks 1004, 1005, 1006, 1007, 1008, 1009, 2004, 2005, 2006, 2007, 2008, 2009, 2016, 2017, 2018, 2019, 2020, 2021 and 2022.
8. In census tract 001100, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.
9. In census tract 003417, block 4011.
10. In census tract 003424, block 1000.
11. In census tract 003603, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1052, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.
12. In census tract 003605, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2025, 2026, 2027, 2028, 2029, 2030 and 2031.
13. In census tract 003608, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3012 and 3013.
14. In census tract 003800, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3006, 3008, 4000, 4001, 4002, 4003, 4004 and 4009.
15. In census tract 004400, blocks 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1017, 1018, 1019, 2001, 2002, 2003 and 2004.
16. In census tract 004500, blocks 1002, 1003, 1005, 1006 and 1011.
17. In census tract 004600, blocks 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2013, 2014, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018 and 3019.
18. In census tract 004707, blocks 1000, 1001, 1002, 1003, 1006, 1008, 1009 and 1010.
19. In census tract 004709, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1008, 1009, 1010, 1011, 1012, 2000, 2001, 2002, 2003, 2004 and 2005.
20. In census tract 004717, blocks 1000, 1001, 1002, 2000, 2001, 2002, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012.
21. In census tract 005902, blocks 1239, 1240, 1241, 1242 and 1243.
22. In census tract 006102, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034 and 3035.
23. In census tract 006103, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1011, 2001, 2002, 2003, 2004, 2005 and 2006.
Sec. 20. NRS 396.0425 is hereby amended to read as follows:
396.0425 [Subdistrict B of district 1 consists of, in Washoe County:
1. Census voting districts 0401, 0404, 0412, 0419, 0421, 0428, 0429, 0430, 0441, 0442, 0443, 0445, 0453, 0455, 0456, 0457 and 0458, that portion of census voting district 0500 located in the Verdi census county division, census voting districts 0505, 0508, 0610, 0611, 0613, 0614, 0615, 0616, 0617, 0619, 0620, 0621, 0624, 0625, 0626, 0627, 0630, 0631, 0632, 0633, 0634, 0635, 0638, 0639, 0640, 0641, 0642, 0643, 0648, 0649, 0650, 0651, 0652, 0654, 0655, 0658, 0659, 0708, 0713, 0714, 0719, 0725, 0726, 0728, 0734, 0735, 0741, 0747, 0748, 0750, 0752, 0753, 0755, 0760 and 0768, that portion of census voting district 0771 located in the Verdi census county division, census voting districts 0774, 0796, 0801, 0802, 0807, 0808, 0809, 0810, 0811, 0812 and 0813, that portion of census voting district 0815 located in the Reno-Sparks census county division, and census voting districts 0821, 0848, 0850, 0851, 0852, 0853, 0854, 0855, 0856, 0904, 0905 and 0907.
2. In census voting district 0444, blocks 301B and 302B.] District 2 consists of, in Clark County:
1. Census tracts 001606, 001715, 001716, 001718, 004907, 004910, 004911, 004912, 004914, 004915, 004918, 004919, 004920, 004921, 004922, 004923, 004924, 005005, 005006, 005007, 005008, 005009, 005010, 005011, 005012, 005101, 005105, 005109, 005200, 005335, 005336, 005341, 005342, 005343, 005345, 005411, 005412, 005421, 005422, 005423, 005431, 005432, 005433, 005502, 005503, 005504 and 006101.
2. Census voting districts 1002, 1003, 1070, 6102, 7044 and 7045.
3. In census tract 001607, block 1010.
4. In census tract 001710, blocks 2000, 2001 and 2002.
5. In census tract 005315, block 3000.
6. In census tract 005334, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013.
7. In census tract 005339, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.
8. In census tract 005501, blocks 1008, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026.
9. In census tract 005613, blocks 1207, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1232, 1233, 1234, 1235, 1236, 1237, 1996 and 1997.
10. In census tract 005703, blocks 1000, 1001, 1002, 1003, 1007, 1008, 1009, 1010, 1993, 1994, 1995, 1996, 1997, 1998 and 1999.
11. In census tract 005710, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1018 and 1053.
12. In census tract 006102, block 3026.
13. In census tract 006103, block 2000.
Sec. 21. NRS 396.043 is hereby amended to read as follows:
396.043 [Subdistrict A of district 2 consists of:
1. In Clark County, census voting districts 0025, 0030, 0035, 0065, 0100, 0105, 0130, 0160, 0300, 0310, 0385, 0430, 0470, 0515, 0535, 0540, 0605, 0610, 0785, 0935, 0955, 1105, 1110, 1115, 1120, 1125, 1130, 1135, 1140, 1145, 1155, 1160, 1165, 1170, 1175, 1180, 1190, 1200, 1205, 1210, 1215, 1220, 1225, 1230, 1235, 1240, 1245, 1250, 1255, 1265, 1300, 1330, 1340, 2325, 2395, 2400, 2405, 2410, 2855, 2875, 2945, 2955, 2960, 2970, 2975, 2980, 2985, 2990 and 2995.
2. In Clark County, in census voting district 0145, blocks 101 to 104, inclusive, 116, 131, 204 and 216.
3. In Clark County, all of census voting district 1150 except block 210.
4. In Clark County, in census voting district 1260, blocks 212, 214, 215, 216, 218, 219, 220, 222, 224 and 227.
5. In Clark County, all of census voting district 1275 except blocks 214 and 218.
6. In Clark County, in census voting district 2260, blocks 501, 513 to 517, inclusive, and 522.
7. In Clark County, all of census voting district 2965 except blocks 901 and 902.] District 3 consists of, in Clark County:
1. Census tracts 001706, 001707, 001708, 001709, 001711, 001712, 001713, 001714, 001717, 001801, 001803, 001804, 002504, 002505, 002506, 002808, 002817, 002818, 002821, 002823, 002824, 002825, 002826, 005102, 005103, 005104, 005106, 005107, 005108, 005311, 005312, 005313, 005314, 005316, 005317, 005318, 005319, 005320, 005321, 005322, 005331, 005332, 005333, 005337, 005338, 005702, 005704, 005705 and 940500.
2. Census voting districts 1115, 5024, 5028, 5036, 5038, 5039, 5065, 6103, 7026 and 7064.
3. In census tract 001400, blocks 2000, 2001, 2002, 2019, 2020, 2021, 2022, 2023 and 3000.
4. In census tract 001500, blocks 1013, 1014, 1015, 1016 and 2015.
5. In census tract 001607, block 2010.
6. In census tract 001608, block 2002.
7. In census tract 001609, blocks 1003 and 2004.
8. In census tract 001710, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010 and 1015.
9. In census tract 002501, blocks 3004, 3005, 3006, 3007 and 3008.
10. In census tract 002822, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.
11. In census tract 002827, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009.
12. In census tract 005315, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1016, 1017, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014 and 3015.
13. In census tract 005334, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033 and 2034.
14. In census tract 005339, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041 and 1042.
15. In census tract 005501, block 2028.
16. In census tract 005703, blocks 1004, 1005, 1006, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1077, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1432, 1433, 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474, 1475, 1476, 1477, 1478, 1479, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1986, 1987, 1988, 1989, 1990, 1991 and 1992.
17. In census tract 005710, blocks 1013, 1020, 1021, 1022, 1025, 1026, 1027, 1028, 1031, 1037, 1038, 1039, 1051, 1052, 1055, 1056, 1057, 1061, 1062, 1063, 1070, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144 and 1145.
18. In census tract 005816, blocks 1519, 1520, 1533, 1534, 1537, 1538, 1539, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1555 and 1999.
Sec. 22. NRS 396.0435 is hereby amended to read as follows:
396.0435 [Subdistrict B of district 2 consists of:
1. In Clark County, census voting districts 0015, 0040, 0175, 0185, 0190, 0210, 0235, 0240, 0245, 0260, 0270, 0280, 0285, 0290, 0315, 0325, 0360, 0365, 0370, 0375, 0390, 0400, 0405, 0440, 0490, 0495, 0530, 0550, 0555, 0560, 0565, 0580, 0585, 0600, 0620, 0650, 0680, 0685, 0700, 0705, 0710, 0720, 0725, 0735, 0760, 0770, 0790, 0795, 0830, 0835, 0840, 0850, 0890, 0895, 0940, 1055, 1060, 1075, 1760, 1810, 1825, 1835, 1855, 1880, 1885, 1910, 1915, 1920, 1950, 1985, 2015, 2030, 2070, 2080, 2330, 3005, 3020, 3055, 3065, 3105, 3110, 3125, 3140, 3145, 3150 and 3160.
2. In Clark County, in census voting district 0145, blocks 105, 114, 115, 117 and 118.] District 4 consists of, in Clark County:
1. Census tracts 000102, 000103, 000104, 000105, 001004, 001005, 001006, 002201, 002300, 002403, 002404, 002405, 002406, 002601, 003001, 003003, 003004, 003005, 003006, 003101, 003102, 003209, 003411, 003412, 003415, 003416, 003418, 003419, 003420, 003421, 003422 and 003423.
2. Census voting districts 2051, 2052, 2053, 2054, 2055, 2105, 2106, 3023, 3024, 3099, 3100, 3101, 3102, 3104, 3119, 3173, 3174, 3185, 5049, 5050, 5066, 6032 and 6038.
3. In census tract 000101, blocks 3008, 3009, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014 and 4015.
4. In census tract 002203, blocks 1000, 1002, 1004, 1005, 1006, 1007, 1008 and 1009.
5. In census tract 002204, block 1004.
6. In census tract 003220, block 3008.
7. In census tract 003224, blocks 2000 and 2013.
8. In census tract 003413, blocks 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2015, 2016, 2017 and 2018.
9. In census tract 003424, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009 and 1010.
Sec. 23. NRS 396.044 is hereby amended to read as follows:
396.044 [Subdistrict C of district 2 consists of, in Clark County, census voting districts 1090, 1360, 1590, 1710, 1715, 1720, 1725, 1730, 1735, 1740, 1770, 1775, 1785, 1805, 1840, 1895, 1900, 1905, 1930, 1935, 1940, 1945, 1955, 1960, 1965, 1980, 2000, 2035, 2040, 2045, 2060, 2065, 2075, 2170, 2570, 2575, 2585, 2590, 2600, 2605, 2610, 2615, 2620, 2630, 2635, 2645, 2650, 2655, 2660, 2665, 2680, 2685, 2695, 2700, 2710, 2715, 2720, 2725, 2730, 2740, 2885, 2890, 2900, 2905, 2915, 2920, 2925, 2930, 3030, 3070, 3075, 3080, 3095, 3100, 3115, 3120, 3130, 3155 and 3190.] District 5 consists of, in Clark County:
1. Census tracts 001003, 002205, 002602, 002603, 002702, 002706, 002707, 002708, 002709, 002807, 002809, 002810, 002811, 002814, 002815, 002816, 002828, 002829, 002830, 002831, 002832, 002833, 002834, 002835, 002836, 002905, 002912, 002916, 002919, 002925, 002935, 002936, 002937, 002938, 002939, 002942, 002946, 002947, 002948, 002949, 002954, 002955, 002956, 002958, 002961, 002962 and 002963.
2. Census voting district 1065.
3. In census tract 002203, block 1003.
4. In census tract 002204, blocks 2000 and 2001.
5. In census tract 002927, block 2000.
6. In census tract 005710, block 1127.
7. In census tract 005816, blocks 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1114, 1115, 1116, 1117, 1121, 1122, 1123, 1124, 1125, 1126, 1523 and 1524.
Sec. 24. NRS 396.0445 is hereby amended to read as follows:
396.0445 [Subdistrict D of district 2 consists of:
1. In Clark County, census voting districts 1345, 1350, 1355, 1365, 1370, 1375, 1380, 1390, 1395, 1400, 1410, 1415, 1425, 1430, 1440, 1445, 1450, 1460, 1465, 1470, 1475, 1480, 1485, 1490, 1495, 1500, 1510, 1525, 1540, 1545, 1550, 1570, 1575, 1580, 1585, 1605, 1610, 1615, 1620, 1625, 1630, 1635, 1640, 1645, 1650, 1655, 1660, 1665, 1675, 1680, 1685, 1690, 1790, 1820, 1830, 1845, 1865, 1875, 2005, 2050, 2055, 2100, 2105, 2110, 2115, 2120, 2125, 2130, 2135, 2140, 2280, 2300, 2535, 2540, 2545, 2580, 2595, 2625, 2640, 2670, 2675, 2690, 2705, 2745, 2910, 2935, 3180, 3205, 3270, 3275, 3280, 3285, 3290, 3295 and 3300.
2. In Clark County, in that portion of census voting district 3185 located in the Las Vegas census county division:
(a) Blocks 105B, 201C, 901B and 903C; and
(b) Block 902 located in census tract 005403.] District 6 consists of, in Clark County:
1. Census tracts 000503, 000504, 000510, 000511, 000512, 000513, 000514, 000515, 000516, 000517, 000518, 000519, 000600, 001200, 001300, 001610, 001611, 001612, 001613, 001901, 001902, 004000, 004100, 004200 and 004300.
2. Census voting districts 2018, 2020, 2056, 4008, 4039, 5003, 5004, 5006 and 5007.
3. In census tract 000204, blocks 2000, 2001, 2002, 2013 and 2014.
4. In census tract 000400, blocks 1001, 1004, 1007, 3004, 3005, 3006, 3007, 3008, 3012, 3013, 3014, 3015, 4005, 4010, 4011, 4012, 4013, 4014, 4015, 5002, 5003, 5004, 5011, 5012, 6000, 6001, 6002, 6003, 6004, 6006, 6007, 6008, 6009, 6010, 6011 and 6012.
5. In census tract 000700, blocks 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1052, 1053, 1054 and 1055.
6. In census tract 000800, blocks 1000, 1001, 1002, 1003, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2010, 2011, 2012, 2013, 2014, 2015 and 2023.
7. In census tract 001100, blocks 2009, 2010, 2011, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008 and 4009.
8. In census tract 001400, blocks 1015, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 5002, 5003, 5008, 5009, 5010, 5011, 5012 and 5018.
9. In census tract 001500, blocks 1000, 1001, 1003, 1004, 1007, 1008, 1009, 1010, 1011, 1012, 1017, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.
10. In census tract 001608, block 2001.
11. In census tract 001609, blocks 1000, 1001, 1002, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 2000, 2001, 2002, 2003, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026.
12. In census tract 002000, blocks 1000, 1001, 1002, 1003, 2000, 3000 and 3001.
13. In census tract 003800, block 4013.
14. In census tract 004400, blocks 1000, 1001, 1002, 1003, 1004, 1012, 1013, 1014, 1015, 1016, 2000, 2005, 2006, 2007, 2008, 2009, 2010, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011 and 4012.
15. In census tract 004500, blocks 1007, 1008, 1009, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 3014 and 3015.
16. In census tract 004600, blocks 1002, 1012, 1019, 2007, 2008, 2009, 2010, 2011, 2012 and 2015.
17. In census tract 004707, blocks 1004, 1005 and 1007.
18. In census tract 004709, blocks 1006, 1007, 2006, 2007 and 2008.
19. In census tract 004717, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.
Sec. 25. NRS 396.045 is hereby amended to read as follows:
396.045 [Subdistrict E of district 2 consists of, in Clark County, census voting districts 0010, 0055, 0060, 0070, 0080, 0095, 0150, 0155, 0165, 0200, 0205, 0220, 0225, 0255, 0265, 0295, 0330, 0350, 0425, 0450, 0455, 0460, 0475, 0485, 0505, 0510, 0520, 0525, 0570, 0590, 0675, 0690, 0695, 0750, 0765, 0775, 0960, 0965, 1755, 1765, 1780, 1800, 1815, 1850, 1870, 1890, 1970, 2010, 2020, 2155, 2160, 2165, 2175, 2180, 2185, 2190, 2195, 2200, 2215, 2230, 2240, 2245, 2830, 2880, 3010, 3015, 3025, 3035, 3040, 3045, 3050, 3060, 3090, 3135, 3215 and 3240.] District 7 consists of, in Clark County:
1. Census tracts 002915, 002940, 002941, 002944, 002950, 002951, 002952, 002953, 002957, 002960, 003210, 003211, 003212, 003213, 003214, 003215, 003216, 003217, 003218, 003219, 003221, 003222, 003223, 003225, 003226, 003227, 005803, 005804, 005805, 005806, 005807, 005808, 005809, 005811, 005812, 005813, 005819, 005820 and 005821.
2. Census voting districts 3083, 3084, 3088, 3196, 6092 and 6093.
3. In census tract 003207, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013 and 5014.
4. In census tract 003220, block 3007.
5. In census tract 003224, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 3000, 3001, 3002, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 4000, 4001, 4002, 4003, 4004, 4006, 4007, 5000, 5001, 5002, 5003, 5004 and 5005.
6. In census tract 005810, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1025, 1026, 1027 and 1034.
7. In census tract 005816, blocks 1112, 1113, 1118, 1119, 1120, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1207, 1208, 1209, 1210, 1211, 1221, 1222, 1223, 1224, 1225, 1240, 1285, 1287, 1290, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1521, 1522, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1535, 1536, 1540, 1541, 1542, 1554, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566 and 1567.
8. In census tract 005817, blocks 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1148, 1151 and 1152.
Sec. 26. NRS 396.0451 is hereby amended to read as follows:
396.0451 [Subdistrict F of district 2 consists of:
1. Lincoln County.
2. In Clark County, census voting districts 0020, 0050, 0085, 0120, 0250, 0305, 0465, 0630, 0660, 1070, 1185, 1195, 1455, 1515, 1600, 1695, 1750, 1795, 2095, 2205, 2210, 2225, 2250, 2255, 2265, 2270, 2275, 2305, 2310, 2315, 2555, 2565, 2750, 2755, 2760, 2770, 2775, 2780, 2785, 2790, 2795, 2800, 2805, 2810, 2815, 2820, 2825, 2835, 2840, 2845, 2850, 2860, 2865, 2870 and 2950, that portion of census voting district 3185 located in the Clark census county division, and census voting districts 3255 and 3305.
3. In Clark County, in census voting district 1150, block 210.
4. In Clark County, in census voting district 1260, blocks 101, 102, 103 and 123.
5. In Clark County, in census voting district 1275, blocks 214 and 218.
6. In Clark County, in that portion of census voting district 3185 located in the Las Vegas census county division:
(a) Block 201B located in census tract 0051.
(b) Block 201B located in census tract 005401.
(c) Blocks 204B, 901D, 903, 904, 905B and 906C.
(d) Block 902 located in census tract 005401.
7. In Clark County, in census voting district 2260, blocks 502, 508 to 512, inclusive, and 518.
8. In Clark County, in census voting district 2965, blocks 901 and 902.] District 8 consists of:
1. Elko County, Lincoln County and White Pine County.
2. In Clark County:
(a) Census tracts 003203, 003204, 003205, 003206, 003208, 003301, 003302, 003303, 003304, 003305, 003306, 003408, 003409, 003604, 003606, 005606, 005607, 005608, 005609, 005611, 005612, 005818 and 005901.
(b) Census voting districts 1020, 1021, 2038, 2078, 2079, 3131, 3136 and 3138.
(c) In census tract 003207, blocks 1000, 1001, 1002, 1003, 1004, 1005, 2000, 2001, 2002, 2003, 2004, 2005 and 2006.
(d) In census tract 003413, blocks 2000, 2001, 2002 and 2003.
(e) In census tract 003603, blocks 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1025, 1026, 1027, 1028, 1029, 1073 and 1074.
(f) In census tract 003605, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2032, 2033, 2034 and 2035.
(g) In census tract 003608, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 3000, 3001, 3002 and 3011.
(h) In census tract 005613, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1070, 1071, 1072, 1078, 1079, 1080, 1082, 1084, 1085, 1092, 1093, 1094, 1095, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1118, 1119, 1120, 1121, 1122, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1147, 1166, 1167, 1182, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2068, 2069, 2070, 2071, 2072, 2073 and 2074.
(i) In census tract 005810, blocks 1000, 1001, 1002, 1021, 1022, 1023, 1024, 1028, 1029, 1030, 1031, 1032 and 1033.
(j) In census tract 005816, blocks 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1286, 1288, 1289, 1291 and 1292.
(k) In census tract 005817, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1038, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1069, 1070, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1149, 1150, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163 and 1164.
(l) In census tract 005902, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1118, 1121, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1259, 1260, 1261, 1262, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 9011 and 9019.
3. In Nye County:
(a) Census tracts 980402, 980403, 980404, 980405 and 980406.
(b) Census voting district 0080.
(c) In census tract 980300, blocks 3158, 3159 and 3160.
(d) In census tract 980401, blocks 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1202, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1257, 1258, 1259, 1260, 1321, 1322, 1323, 1324, 1326, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1364, 1365, 1368, 1369, 1370, 1371, 1372, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2010, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107 and 2108.
Sec. 26.5. NRS 396.0453 is hereby amended to read as follows:
396.0453 [Subdistrict G of district 2 consists of:
1. In Nye County, census voting districts 0060, 0065, 0070, 0075, 0080, 0085, 0090 and 0095.
2. In Clark County, census voting districts 0005, 0045, 0075, 0090, 0115, 0125, 0140, 0170, 0195, 0230, 0320, 0340, 0395, 0410, 0415, 0435, 0445, 0480, 0595, 0615, 0625, 0635, 0640, 0655, 0670, 0715, 0745, 0755, 0800, 0805, 0845, 0855, 0860, 0870, 0875, 0880, 0885, 0900, 0910, 0930, 0950, 0980, 0985, 0990, 1020, 1045, 1050, 1065, 1080, 1095, 1925, 1975, 2090, 2335, 2340, 2345, 2350, 2355, 2360, 2365, 2370, 2380, 2385, 2390, 2415, 2420, 2425, 2430, 2435, 2440, 2445, 2450, 2455, 2460, 2465, 2470, 2475, 2485, 2490, 2495, 2500, 2505, 2510, 2515, 2520, 2530, 3175 and 3210.] District 9 consists of:
1. Carson City, Churchill County, Douglas County, Esmeralda County, Eureka County, Lander County, Lyon County, Mineral County and Pershing County.
2. In Nye County:
(a) Census tracts 980100, 980200 and 980500.
(b) Census voting districts 0060, 0070 and 0075.
(c) In census tract 980300, block 1028.
(d) In census tract 980401, blocks 1026, 1027 and 1074.
Sec. 27. NRS 396.0455 is hereby amended to read as follows:
396.0455 [Subdistrict A of district 3 consists of:
1. Churchill County, Elko County, Esmeralda County, Eureka County, Humboldt County, Lander County, Mineral County, Pershing County and White Pine County.
2. In Lyon County, census voting districts 0060, 0065, 0070, 0075 and 0080.
3. In Nye County, census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050 and 0055.
4. In Washoe County, census voting district 0805, that portion of census voting district 0815 located in the Pyramid Lake census county division, and census voting district 0910.] District 10 consists of, in Washoe County:
1. Census tracts 000100, 000200, 000300, 000400, 000700, 000900, 001003, 001004, 001005, 001006, 001007, 001101, 001103, 001104, 001105, 001200, 001300, 001400, 002101, 002103, 002104, 002105, 002106, 002202, 002203, 002204, 002205, 002406, 003201, 003202, 003302 and 003304.
2. Census voting districts 144, 145, 148, 400, 401, 404, 411, 501, 503, 504, 509, 530, 531, 539, 540, 750, 752, 764, 797 and 848.
3. In census tract 001500, blocks 2002, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3014, 4000, 4001, 4002, 4004, 4013, 4014, 4017, 4018, 4019, 4020 and 4021.
4. In census tract 002300, blocks 1000, 1002, 1003, 1004, 1016, 1017, 1018, 2008, 2012, 2016, 2017, 2018, 2019, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2119, 2143, 2144, 2994 and 2995.
5. In census tract 002401, blocks 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018.
6. In census tract 002402, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2027, 2028, 2029, 2030, 2031, 2032, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2064, 2080, 2087, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3020, 3021, 3022 and 3024.
7. In census tract 002500, blocks 2015, 2016, 2017, 2018, 2019, 2021, 2022, 2023, 3000, 3001, 3002, 3003, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025 and 3026.
8. In census tract 003101, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085 and 2999.
Sec. 28. NRS 396.046 is hereby amended to read as follows:
396.046 [Subdistrict B of district 3 consists of:
1. Carson City, Douglas County and Storey County.
2. In Lyon County, census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050 and 0055.
3. In Washoe County, census voting districts 0326, 0334, 0341, 0344, 0349, 0703, 0705, 0712, 0716, 0720, 0721, 0722, 0723, 0724, 0727, 0729, 0730, 0731, 0732, 0733, 0736, 0737, 0739, 0740, 0742, 0744, 0746 and 0769, that portion of census voting district 0771 located in the New Washoe City census county division, and census voting districts 0816, 0817, 0818, 0832, 0833, 0834, 0902, 0903, 0930, 0933, 0935, 0939 and 0945.] District 11 consists of:
1. Humboldt County and Storey County.
2. In Washoe County:
(a) Census tracts 001700, 001800, 001901, 001902, 002603, 002604, 002605, 002606, 002607, 002609, 002701, 002702, 002801, 002802, 002901, 002902, 003000, 003105, 003106, 003107, 003108, 003501, 003502, 003503, 003504, 003505, 003506, 003507 and 940100.
(b) Census voting districts 511, 513, 632, 706, 751, 913, 914 and 934.
(c) In census tract 001500, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020 and 1021.
(d) In census tract 002300, blocks 2000, 2001, 2003, 2004, 2009, 2010, 2011, 2013, 2014, 2015 and 2020.
(e) In census tract 002401, blocks 1001, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017 and 1018.
(f) In census tract 002402, blocks 1006, 1007, 1008, 1009, 1017, 1021, 1022, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011 and 3019.
(g) In census tract 002500, blocks 1000, 1001, 1002, 1003, 1004, 1007 and 1009.
(h) In census tract 003101, blocks 1000, 1001, 1002, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2008, 2009, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2042, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2067, 2068, 2069, 2070, 2071 and 2072.”.
Amend sec. 30, page 38, by deleting line 9 and inserting:
“2. Those members of the”.
Amend sec. 30, page 38, by deleting lines 14 through 30 and inserting:
“(a) The member elected from subdistrict A of district 2 shall represent district 1 as described in section 19 of this act.
(b) The member elected from subdistrict F of district 2 shall represent district 2 as described in section 20 of this act.
(c) The member elected from subdistrict D of district 2 shall represent district 3 as described in section 21 of this act.
(d) The member elected from subdistrict C of district 2 shall represent district 5 as described in section 23 of this act.
(e) The member elected from subdistrict G of district 2 shall represent district 7 as described in section 25 of this act.
(f) The member elected from subdistrict A of district 3 shall represent district 8 as described in section 26 of this act.
(g) The member elected from subdistrict B of district 3 shall represent district 9 as described in section 26.5 of this act.
(h) The member elected from subdistrict B of district 1 shall represent district 11 as described in section 28 of this act.”.
Amend sec. 30, page 38, line 31, by deleting “4.” and inserting “3.”.
Amend sec. 31, pages 38 and 39, by deleting lines 44 through 49 on page 38 and lines 1 and 2 on page 39, and inserting:
“(1) The member elected from subdistrict B of district 2, if seeking election in 2002 to district 2 as described in section 6 of this act.
(2) The member elected from subdistrict E of district 2, if seeking election in 2002 to district 5 as described in section 9 of this act.
(3) The member elected from subdistrict C of district 2, if seeking election in 2002 to district 6 as described in section 10 of this act.
(4) The member elected from subdistrict A of district 3, if seeking election in 2002 to district 10 as described in section 14 of this act.”.
Amend sec. 31, page 39, by deleting lines 7 through 10 and inserting:
“(1) The member elected from subdistrict E of district 2, if seeking election in 2002 to district 4 as described in section 22 of this act.
(2) The member elected from subdistrict A of district 1, if seeking election in 2002 to district 10 as described in section 27 of this act.”.
Amend sec. 32, page 39, line 13, by deleting:
“385.0259, 396.041 and 396.0453” and inserting:
“385.0259 and 396.041”.
Amend the bill as a whole by deleting the leadlines of repealed sections and adding the text of repealed sections to read as follows:
“
TEXT OF REPEALED SECTIONS
385.022 Election districts.
1. In district 1, one member must be elected from each subdistrict described in NRS 385.0225 and 385.023.
2. In district 2, one member must be elected from each subdistrict described in NRS 385.0235 to 385.0259, inclusive.
3. In district 3, one member must be elected from each subdistrict described in NRS 385.026 and 385.0265.
385.0259 District 2: Subdistrict G. Subdistrict G of district 2 consists of:
1. In Nye County, census voting districts 0060, 0065, 0070, 0075, 0080, 0085, 0090 and 0095.
2. In Clark County, census voting districts 0005, 0045, 0075, 0090, 0115, 0125, 0140, 0170, 0195, 0230, 0320, 0340, 0395, 0410, 0415, 0435, 0445, 0480, 0595, 0615, 0625, 0635, 0640, 0655, 0670, 0715, 0745, 0755, 0800, 0805, 0845, 0855, 0860, 0870, 0875, 0880, 0885, 0900, 0910, 0930, 0950, 0980, 0985, 0990, 1020, 1045, 1050, 1065, 1080, 1095, 1925, 1975, 2090, 2335, 2340, 2345, 2350, 2355, 2360, 2365, 2370, 2380, 2385, 2390, 2415, 2420, 2425, 2430, 2435, 2440, 2445, 2450, 2455, 2460, 2465, 2470, 2475, 2485, 2490, 2495, 2500, 2505, 2510, 2515, 2520, 2530, 3175 and 3210.
396.041 Election districts.
1. In district 1, one member must be elected from each subdistrict described in NRS 396.0415 and 396.0425.
2. In district 2, one member must be elected from each subdistrict described in NRS 396.043 to 396.0453, inclusive.
3. In district 3, one member must be elected from each subdistrict described in NRS 396.0455 and 396.046.”.
Amend the title of the bill, third line, by deleting: “changing the number of members of the board of regents;”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywomen Giunchigliani and Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 63.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1047.
Amend sec. 2, page 1, by deleting lines 3 through 16 and inserting:
“Sec. 2. 1. A public body may award a contract for the construction, alteration or repair of a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to a specialty contractor if:
(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The project to which the contract pertains is not part of a larger public work.
2. If a public body awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.1389, inclusive, all work to be performed on the project to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who is licensed to perform such work.”.
Amend the bill as a whole by deleting sec. 3 and inserting:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 4, page 2, by deleting lines 6 through 25 and inserting:
“Sec. 4. 1. A local government may award a contract for the construction, alteration or repair of a public work to a specialty contractor pursuant to NRS 338.147 if:
(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The project to which the contract pertains is not part of a larger public work.
2. If a local government awards a contract to a specialty contractor pursuant to NRS 338.147, all work to be performed on the project to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who is licensed to perform such work.”.
Amend sec. 5, page 3, line 26, by deleting “or”.
Amend sec. 5, page 3, line 28, by deleting “NRS.” and inserting “NRS; or”.
Amend sec. 5, page 3, between lines 28 and 29, by inserting:
“(d) Comply with subsection 4 or 5 of NRS 338.070.”.
Amend sec. 5, page 4, by deleting lines 16 through 20 and inserting:
“[11.] 12. “Specialty contractor” means a [contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
12.] person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. “Stand-alone underground utility project” means an”.
Amend sec. 6, page 5, line 21, by deleting “or”.
Amend sec. 6, page 5, line 23, by deleting “NRS.” and inserting “NRS; or”.
Amend sec. 6, page 5, between lines 23 and 24, by inserting:
“(d) Comply with subsection 4 or 5 of NRS 338.070.”.
Amend sec. 6, page 6, by deleting line 11 and inserting:
“[8.] 9. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
10. “Wages” means:”.
Amend sec. 6, page 6, line 16, by deleting “10.” and inserting “11.”.
Amend sec. 7, page 6, line 31, by deleting “inclusive.” and inserting:
“inclusive, and section 1 of Assembly Bill No. 86 of this [act.] session.”.
Amend sec. 10, page 12, line 43, by deleting “of” and inserting “containing”.
Amend sec. 10, page 13, by deleting lines 13 and 14 and inserting:
“(b) The substitution is approved by the awarding authority or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that:
(1) The named subcontractor, after having a reasonable opportunity, fails or”.
Amend sec. 10, page 13, line 16, after “same” by inserting “general”.
Amend sec. 10, page 13, between lines 22 and 23, by inserting:
“4. As used in this section, “general terms” means the terms and conditions of a contract that set the basic requirements for a project and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the project that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. Section 1 of Senate Bill No. 255 of this session is hereby amended to read as follows:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
3. “Design-build team” means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
4. “Design professional” means [a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.] :
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
5. “Eligible bidder” means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.
6. “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
7. “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
8. “Offense” means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
9. “Prime contractor” means a person who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
The term includes,
without limitation, a general contractor or a specialty contractor who is
authorized to bid on a project pursuant to section 2 or 4 of Senate Bill
No. 63 of this [act.]session.
10. “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
11. “Public work” means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
12. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
that is not located
at the site of a public work for the design and construction of which a public
body is authorized to contract with a design-build team pursuant to subsection
2 of NRS 338.1711.
14. “Wages” means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
15. “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional.”.
Amend sec. 15, page 21, by deleting lines 4 through 15 and inserting:
“Sec. 15. 1. This section and sections 1 to 4, inclusive, 7, 10, 13 and 14 of this act become effective on July 1, 2001.
2. Sections 5, 8 and 11 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 14.5 of this act becomes effective at 12:02 a.m. on July 1, 2001.
4. Sections 6 and 9 of this act become effective at 12:02 a.m. on October 1, 2003.
5. Section 12 of this act becomes effective at 12:03 a.m. on October 1, 2003.
6. Sections 5, 8, 11, 13 and 14 of this act expire by limitation on October 1, 2003.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 189.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1054.
Amend section 1, page 1, line 2, by deleting “$817,740” and inserting “$715,700”.
Amend section 1, page 1, by deleting lines 10 to 13 and inserting:
“Sedway Office Building; and
4. Resurfacing the floor of the main level of the parking garage.”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 507.
Bill read second time and ordered to third reading.
Senate Bill No. 216.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 993.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend sec. 4, page 2, by deleting lines 21 through 24 and inserting:
“Sec. 3. 1. If a contractor who engages in the repair, restoration, improvement or construction of a residential pool or spa is determined by the board to have violated:
(a) One or more of the provisions of NRS 597.716, 597.719 or 624.301 to 624.305, inclusive; or
(b) Any regulation adopted by the board with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa,
the board may
require that the contractor obtain the services of a construction control for
each contract that the contractor enters into for the repair, restoration,
improvement or construction of a residential pool or spa.”.
Amend the bill as a whole by adding new sections designated sections 4 and 4.5, following sec. 4, to read as follows:
“Sec. 4. 1. Any contractor or subcontractor who performs work for the repair, restoration, improvement or construction of a residential pool or spa shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the property being improved:
(a) Apply for and obtain all applicable permits for the project; and
(b) Meet all applicable requirements imposed pursuant to this chapter, chapter 624 of NRS or any regulations adopted by the board with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa.
2. If a contractor or subcontractor performs work for the repair, restoration, improvement or construction of a residential pool or spa and the work is performed under the direction of a builder who is also the owner of the property being improved, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors and subcontractors working on the project.
3. With respect to a contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, the work performed pursuant to such a contract must be supervised and controlled directly by the qualified employee or officer of the contract.
Sec. 4.5. A contractor who engages in the repair, restoration, improvement or construction of a residential pool or spa shall not:
1. Act as, or carry out the duties of, an officer, director, employee or owner of; or
2. Receive remuneration or any other thing of value for the loan, either directly or indirectly, from,
a bonding
company, finance company, or any other corporation or business entity who
cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or
acquires a loan to finance the repair, restoration, improvement or construction
of a residential pool or spa.”.
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. 1. If the repair, restoration, improvement or construction of a residential pool or spa is to be financed by the owner, before the contractor performs any work for the repair, restoration, improvement or construction of the residential pool or spa, the owner must:
(a) Find a third-party to agree to make the loan or give financing.
(b) Agree to accept the loan or financing of the third-party.
(c) Not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.
2. A contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, is not enforceable against the owner if:
(a) Obtaining a loan for all or a portion of the contract price is a condition precedent to the contract.
(b) The contractor provides financing for all or a portion of the contract price.
3. An affiliate or associate of a contractor may not issue, purchase or acquire a loan to finance the repair, restoration, improvement or construction of a residential pool or spa, regardless of use.
4. A contractor shall not represent in any manner that the contract is enforceable or that the owner has any obligation under the contract if the requirements of this section are not satisfied.
5. As used in this section:
(a) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, is controlled by, or is under common control with, a specified person.
(b) “Associate,” when used to indicate a relationship with any person, means:
(1) Any corporation or organization of which that person is an officer or partner or is, directly or indirectly, the beneficial owner of 10 percent or more of any class of voting shares;
(2) Any trust or other estate in which that person has a substantial beneficial interest or for which he serves as trustee or in a similar fiduciary capacity; or
(3) Any relative or spouse of that person, or any relative of the spouse.
(c) “Third-party” means a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance the repair, restoration, improvement or construction of a residential pool or spa.”.
Amend sec. 6, page 3, line 32, by deleting “act” and inserting:
“act, or any regulations adopted with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa”.
Amend sec. 6, page 3, line 35, by deleting “519.719” and inserting “597.719”.
Amend sec. 9, pages 4 and 5, by deleting lines 41 through 48 on page 4 and lines 1 and 2 on page 5, and inserting:
“597.719 1. [A] The board shall adopt by regulation mandatory elements to be included in all contracts to be used by contractors for the repair, restoration, improvement or construction of a residential pool or spa. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2001, any contract entered into between a contractor and the owner of a single-family residence for the repair, restoration, improvement or construction of a residential pool or spa must comply with the standard elements adopted by the board. A contract that does not comply with the standard elements adopted by the board is void and unenforceable against the owner.”.
Amend sec. 9, page 5, line 8, by deleting “number;” and inserting:
“number . [;]”.
Amend sec. 9, page 5, line 10, by deleting “property;” and inserting”
“property . [;]”.
Amend sec. 9, page 5, lines 11, 13 and 14, by deleting “contract;” and inserting:
“contract . [;]”.
Amend sec. 9, page 5, line 16, by deleting “taxes;” and inserting:
“taxes . [;]”.
Amend sec. 9, page 5, by deleting lines 17 and 18 and inserting:
“(g) The amount , not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any [advance] deposit paid or promised to be paid to the contractor by the owner [;] before the start of construction.”.
Amend sec. 9, page 5, line 20, by deleting “624.600;” and inserting:
“624.600 . [;]”.
Amend sec. 9, page 5, by deleting line 25 and inserting:
“incorporated into the original contract as a change order . [;] A change order is not enforceable against the owner contracting for the repair, restoration, improvement or construction of a residential pool or spa unless the change order clearly sets forth the scope of work to be completed and the price to be charged for the changes and is signed by the owner.”.
Amend sec. 9, page 5, line 30, by deleting “work; and” and inserting:
“work . [; and]”.
Amend sec. 9, page 5, line 31, by deleting “amount” and inserting:
“amount , shown in numeral form,”.
Amend sec. 9, page 5, line 33, after “contract.” by inserting:
“Unless the contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project the payment schedule must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except as authorized by subsection 1 of NRS 597.716 or the regulations adopted by the board. With respect to a contract executed before October 1, 2001, if any payment schedule set forth in the contract does not comply with the provisions of this chapter or chapter 624 of NRS or any regulations adopted pursuant thereto:
(1) The obligation of the owner to make payments in accordance with the payment schedule shall be deemed void and unenforceable; and
(2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.
(l) If the contract provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).”.
Amend the bill as a whole by deleting sections 10 through 12 and adding new sections designated sections 10 through 12, following sec. 9, to read as follows:
“Sec. 10. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. 1. The board shall designate an employee as ombudsman for residential pools and spas.
2. The ombudsman for residential pools and spas shall:
(a) Assist owners of single-family residences, contractors and financial institutions to understand their rights and responsibilities as set forth in NRS 597.713, 597.716 and 597.719 and sections 2 to 6, inclusive, of this act, and any regulations adopted pursuant thereto.
(b) Notify the board if it appears that any person has engaged in any act or practice that constitutes a violation of any of the provisions of this chapter or NRS 597.713, 597.716 or 597.719 or sections 2 to 6, inclusive, of this act, or any regulations adopted pursuant thereto.
Sec. 12. 1. Before granting an original contractor’s license to, or renewing the contractor’s license of, an applicant who engages or will engage in the repair, restoration, improvement or construction of residential pools or spas, the board may, in addition to any other conditions for the issuance or renewal of a license, require the applicant to file with the board a bond for the protection of consumers in an amount fixed by the board.
2. A bond required pursuant to subsection 1 is in addition to, may not be combined with and does not replace any other bond required pursuant to the provisions of this chapter. A contractor required to file a bond pursuant to subsection 1 shall maintain the bond for 2 years or for such longer period as the board may require.
3. A bond required pursuant to subsection 1 must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency.”.
Amend sec. 13, page 8, line 14, by deleting “$100,000.” and inserting “[$100,000.]$500,000.”.
Amend sec. 13, page 8, line 17, after “force.” by inserting: “A bond required by this section must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency.”.
Amend sec. 13, pages 8 and 9, by deleting lines 46 through 49 on page 8 and lines 1 through 10 on page 9, and inserting:
“7. If a contractor who engages in the repair, restoration, improvement or construction of a residential pool or spa:
(a) Becomes licensed pursuant to chapter 624 of NRS on or after July 1, 2001;
(b) Is determined by the board to have violated one or more of the provisions of NRS 624.301 to 624.305, inclusive;
(c) Enters into a contract on or after July 1, 2001, that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 597.719 or pursuant to any regulation adopted by the board with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa; or
(d) Has five valid complaints filed against him with the board within any 15-day period,
the
contractor shall comply with the provisions of subsection 8.
8. A contractor described in subsection 7 shall, before commencing work for the repair, restoration, improvement or construction of a residential pool or spa, furnish to the building department of the city or county, as applicable, in which the work will be carried out:
(a) A performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract. The performance bond must be solely for the protection of the owner of the property to be improved.
(b) A payment bond in an amount equal to not less than 50 percent of the amount of the contract. The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his subcontractors, in carrying out the provisions of the contract.
A bond
required pursuant to this subsection must be provided by a person whose long-term
debt obligations are rated “A” or better by a nationally recognized rating
agency. The contractor shall maintain the bond or cash deposit for the period
required by the board.
9. As used in this section, “substantiated claims for wages” has the”.
Amend the bill as a whole by adding new sections designated sections 13.3 and 13.7, following sec. 13, to read as follows:
“Sec. 13.3. NRS 624.490 is hereby amended to read as follows:
624.490 Within 2 years after an injured person has obtained a judgment in any court of competent jurisdiction for recovery of damages against a residential contractor for an act or omission of the residential contractor that is in violation of this chapter , chapter 597 of NRS or the regulations adopted pursuant thereto, the injured person may apply to the board for satisfaction of the judgment from the account if:
1. The proceedings in connection with the judgment have terminated, including appeals;
2. He submits an application on a form established for this purpose by the board;
3. He submits proof satisfactory to the board of the judgment; and
4. Upon obtaining payment from the account, he assigns his rights to enforce the judgment to the board.
Sec. 13.7. NRS 624.510 is hereby amended to read as follows:
624.510 1. Except as otherwise provided in NRS 624.490 and subsection 2, an injured person is eligible for recovery from the account if the board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter , chapter 597 of NRS or the regulations adopted pursuant thereto.
2. An injured person is not eligible for recovery from the account if:
(a) The injured person is the spouse of the licensee, or a personal representative of the spouse of the licensee;
(b) The injured person was associated in a business relationship with the licensee other than the contract at issue; or
(c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300.
3. If the board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or NRS 624.490, the board or its designee may pay out of the account:
(a) The amount of actual damages suffered, but not to exceed $30,000; or
(b) If a judgment was obtained as set forth in NRS 624.490, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $30,000.
4. The decision of the board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.
5. If the injured person has recovered a portion of his loss from sources other than the account, the board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.
6. To the extent of payments made from the account, the board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The board and the attorney general shall promptly enforce all subrogation claims.
7. The amount of recovery from the account based upon claims made against any single contractor must not exceed $200,000.
8. As used in this section, “actual damages” includes attorney’s fees or costs in contested cases appealed to the supreme court of this state. The term does not include any other attorney’s fees or costs.”.
Amend sec. 15, page 10, line 10, by deleting “4” and inserting “3”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 18 and 19 and adding new sections designated sections 16 and 17, following sec. 15, to read as follows:
“Sec. 16. Section 20.5 of chapter 423, Statutes of Nevada 1999, at page 1972, is hereby amended by adding thereto a new section to read as follows:
Sec. 20.5. 1. The provisions of section 10 of this act apply to qualified services completed on or after July 1, 1998.
2. The provisions of section 11 of this act apply to judgments entered on or after July 1, 2000.
Sec. 17. Section 21 of chapter 423, Statutes of Nevada 1999, at page 1972, is hereby amended to read as follows:
Sec. 21. 1. This section and sections 1 and 9 of this act become effective on October 1, 1999.
2. Sections 2 to 8, inclusive, and 10 to [20,] 20.5, inclusive, of this act become effective on July 1, 2001.”.
Amend sec. 17, page 10, by deleting lines 18 through 21 and inserting:
“3. Sections 3 to 8, inclusive, 10 to 13, inclusive, and 14, 15 and 18 of this act become effective on July 1, 2001.
4. Sections 13.3, 13.7, 16 and 17 of this act become effective at 12:01 a.m. on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to contractors; providing for the adoption of standards for advertisements used by contractors who repair, restore, improve or construct residential pools and spas; enacting and revising various provisions pertaining to such contractors; requiring the state contractors’ board to adopt standard contract elements for use by such contractors; providing for the designation of an ombudsman for residential pools and spas; revising the provisions governing eligibility for compensation from the recovery fund; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes pertaining to contractors who engage in repair, restoration, improvement or construction of residential pools and spas. (BDR 52-1037)”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assemblyman Dini moved that upon return from the printer Senate Bill No. 216 be placed on the Chief Clerk’s desk.
Remarks by Assemblyman Dini.
Motion carried.
Senate Bill No. 399.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 880.
Amend the bill as a whole by deleting sections 1 through 42 and adding new sections designated sections 1 through 53, following the enacting clause, to read as follows:
“Section 1. NRS 385.363 is hereby amended to read as follows:385.363 The department shall, on or before April 1 of each year:
1. Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and
2. Except as otherwise provided in subsection 3 and NRS 385.364, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:
(a) Demonstrating exemplary achievement;
(b) Demonstrating high achievement;
(c) Demonstrating adequate achievement; or
(d) Demonstrating need for improvement.
3. The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:
(a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;
(b) Serves only pupils with disabilities;
(c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school [;] , including, without limitation, a program of distance education for pupils at risk of dropping out of high school provided pursuant to sections 25 to 33, inclusive, of this act; or
(d) Is operated within a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
Sec. 2. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act. Sec. 3. The provisions of NRS 386.500 to 386.610, inclusive, and sections 3 to 6, inclusive, of this act do not authorize an existing public school, private school, home school or other program of home study to convert to a charter school. Sec. 4. 1. A charter school shall not, except as otherwise authorized by subsection 5 of NRS 386.570, be supported by or otherwise affiliated with a corporation, business or other entity that operates for profit. 2. A charter school shall not operate for profit. 3. Neither a corporation, business or other entity that operates for profit, or any representative thereof, may operate or manage a charter school. 4. Neither a charter school nor the governing body of a charter school may enter into a contract or otherwise procure educational or administrative services for the charter school from a corporation, business or other entity that operates for profit, except for the procurement of equipment and supplies, clerical services and other services incidental to the educational services and programs provided by the charter school. Sec. 5. 1. Unless otherwise authorized by specific statute, it is unlawful for a member of the board of trustees of a school district or an employee of a school district to solicit or accept any gift or payment of money on his own behalf or on behalf of the school district or for any other purpose from a member of a committee to form a charter school, the governing body of a charter school, or any officer or employee of a charter school.
3. A person who violates subsection 1 shall be punished for a misdemeanor.
Sec. 6. If a charter school provides instruction to pupils enrolled in a high school grade level and the charter school requires those pupils to satisfy requirements for graduation from high school that are less than the requirements imposed by the school district in which the charter school is located, the charter school shall not issue a high school diploma of the school district but may issue a high diploma which clearly indicates that that it is a diploma issued by a charter school. The provisions of this section do not authorize a charter school to impose requirements for graduation from high school that are less than the requirements of the applicable state statutes and regulations. Sec. 7. NRS 386.500 is hereby amended to read as follows:386.500 For the purposes of NRS 386.500 to 386.610, inclusive, and sections 3 to 6, inclusive, of this act, a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils with limited proficiency in the English language, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.
Sec. 8. NRS 386.505 is hereby amended to read as follows:386.505 The legislature declares that by authorizing the formation of charter schools it is not authorizing:
1. The [establishment of a charter school as a justification to keep open] conversion of an existing public school [that would otherwise be closed;] to a charter school.
2. A means for providing financial assistance for private schools or programs of home study; or
3. The formation of charter schools on the basis
of a single race, religion or ethnicity.
386.520 1. A committee to form a charter school must consist of at leastthreeteachers, as defined in [NRS 391.311, alone or in combination with:
(a) Ten or more members] subsection 4. In addition to the teachers who serve, the committee may consist of:
(a) 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)] nonprofit organizations and businesses; or
(c) Representatives of a college or university within the University and Community College System of Nevada.
FLUSH FLUSH FLUSH
A majority
of the persons described in paragraphs (a), (b) and (c) who serve on the
committee must be residents of this state at the time that the application to
form the charter school is submitted to the department.
2. 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[.] , and sections 3 to 6, inclusive, of this act.
(b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:
(1) Improving the opportunities for pupils to learn;
(2) Encouraging the use of effective methods of teaching;
(3) Providing an accurate measurement of the educational achievement of pupils;
(4) Establishing accountability of public schools;
(5) Providing a method for public schools to measure achievement based upon the performance of the schools; or
(6) Creating new professional opportunities for teachers.
(c) The projected enrollment of pupils in the charter school.
(d) The proposed dates of enrollment for the charter school.
(e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.
(f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.
(g) The proposed curriculum for the charter school.
(h) The textbooks that will be used at the charter school.
(i) The qualifications of the persons who will provide instruction at the charter school.
(j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.
(k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.
(l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.
(m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.
(n) The time by which certain academic or educational results will be achieved.
3. The department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, private school, home school or other program of home study into a charter school, the department shall deny the application. 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.
4. As used in subsection 1, “teacher” means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and
(b) Has been employed as a teacher for at least 3 years.
The term
does not include a person who is employed as a substitute teacher.
Sec. 10. 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. If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at 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 the application:
(a) Complies with NRS 386.500 to 386.610, inclusive, and sections 3 to 6, inclusive, of this act and the regulations applicable to charter schools; and
(b) Is complete in accordance with the regulations of the department.
2. In addition to the considerations set forth in paragraphs (a) and (b) of subsection 1, the board of trustees of a school district that reviews an application to form a charter school may:
(a) In its review of the application pursuant to paragraph (k) of subsection 2 of NRS 386.520, consider the financial viability of the proposed charter school.
(b) In its determination whether to approve or deny an application, consider whether the proposed charter school will have an adverse financial effect on the school district.
3. The department shall assist the board of trustees of a school district in the review of an application. [The] Except as otherwise provided in paragraph (b) of subsection 2, the board of trustees shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees shall provide written notice to the applicant of its approval or denial of the application.
[3.] 4. 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.
[4.] 5. If the board of trustees denies an application after it has been resubmitted pursuant to subsection [3,] 4, the applicant may submit a written request to the subcommittee on charter schools created pursuant to NRS 386.507, 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.] 6. 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. 11. NRS 386.527 is hereby amended to read as follows:386.527 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 (n), inclusive, of subsection 2 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 6, 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.
FLUSH
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. Beforethe 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 supplemental application must be submitted within a period which allows the board of trustees to ensure that the charter school complies with the requirements of this subsection. The board of trustees shall consider such a request as soon as is practicable. In its review of the request, the board of trustees shall determine whether the facility that the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided by this subsection, the board of trustees shall make such a determination 30 days before the first day of school for the:
(a) Schools of the school district that operate on a traditional school schedule and not a year-round school schedule; or
(b) Charter school,
whichever
date the board of trustees selects. The board of trustees shall not require a
charter school to demonstrate compliance with the requirements of this
subsection more than 30 days before the date selected, however, it may
authorize a charter school to demonstrate compliance less than 30 days before
the date selected.
386.549 1. The governing body of a charter school [shall] must consist of at least threeteachers, as defined in [NRS 391.311,] subsection 5, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses. A majority of the members of the governing body must reside in this state. If the membership of the governing body changes, the governing body must provide written notice to the sponsor of the charter school within 10 working days after such change.
2. Each person who desires to serve on the governing body of a charter school shall submit to the superintendent of public instruction a complete set of his fingerprints and written permission authorizing the superintendent to forward the fingerprints to the Federal Bureau of Investigation and to the central repository for Nevada records of criminal history for their reports on the criminal history of the proposed member. A person may serve on the governing body only if the reports on the criminal history from the Federal Bureau of Investigation and the central repository for Nevada records of criminal history:
(a) Do not indicate that the person has been convicted of a felony or any offense involving moral turpitude; or
(b) Indicate that the person has been convicted of a felony or an offense involving moral turpitude, but the superintendent of public instruction determines that the conviction is unrelated to the duties of a member of the governing body.
3. 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.
4. The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located.
5. As used in this section, “teacher” means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and
(b) Has been employed as a teacher for at least 3 years.
FLUSH
The term
does not include a person who is employed as a substitute teacher.
386.550 1. A charter school shall:
[1.] (a) Comply with all laws and regulations relating to discrimination and civil rights.
[2.] (b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
[3.] (c) Refrain from charging tuition or fees, levying taxes or issuing bonds.
[4.] (d) 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.] (e) Comply with the provisions of chapter 241 of NRS.
[6.] (f) Except as otherwise provided in this [subsection,] paragraph, 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.] paragraph. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:
[(a)] (1) Extenuating circumstances exist to justify the waiver; and
[(b)] (2) 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.] (g) 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 and the examinations required pursuant to NRS 389.550 to the pupils who are enrolled in the charter school.
[8.] (h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
[9.] (i) Provide instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, 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] paragraph 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.] (j) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.
[11.] (k) 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.] (l) 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.] (m) 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.
(n) If the charter school provides a program of distance education pursuant to sections 25 to 33, inclusive, of this act, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.
2. A charter school shall not provide instruction, including, without limitation, instruction provided through a program of distance education, to children who are exempt from compulsory attendance and receiving equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070. As used in this subsection, “distance education” has the meaning ascribed to it in section 26 of this act.
Sec. 14. NRS 386.560 is hereby amended to read as follows:386.560 1. 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] Except as otherwise provided in this subsection, 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. The
provisions of this subsection do not apply to a pupil who is enrolled in a
charter school and who desires to participate on a part-time basis in a program
of distance education provided by the board of trustees of a school district
pursuant to section 31 of this act.
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 same zone of attendance as the charter school 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. 15. NRS 386.570 is hereby amended to read as follows:386.570 1. Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in 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 may negotiate 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. The sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship during 1 school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the sponsor of the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. The amount of reimbursement that a charter school may be required to pay pursuant to this subsection must not exceed:
(a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
(b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
4. 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] 4 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.] 5. 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.] 6. 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. 16. NRS 386.590 is hereby amended to read as follows:386.590 1. 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, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.
2. A governing body of a 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.
It is
unlawful for the governing body of a charter school to employ any teacher
pursuant to this subsection who is not legally qualified to teach all the
grades that the teacher is engaged to teach.
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, a license or a certificate in the field for which he is employed to teach at the charter school; and
(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.
6. On or before November 15 of each year, a charter school shall submit to the department, in a form prescribed by the superintendent of public instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the department, of the employee.
Sec. 17. NRS 386.595 is hereby amended to read as follows:386.595 1. Except as otherwise provided in this subsection and subsections 2 , 3 and [3,] 4, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. [If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.] An employee of a charter school is not a member of the same bargaining unit as an employee of the school district and is not entitled to representation by the employee organization that is a party to the collective bargaining agreement of the school district. However, during the time that the collective bargaining agreement of the school district remains applicable to the employees of the charter school, the employee organization that is a party to the agreement may, but is not required to, represent an employee of the charter school in a grievance proceeding or other dispute arising out of the agreement.
2. A charter school is exempt from the specific provisions of the collective bargaining agreement of the school district 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] parties who entered into the collective bargaining agreement of the school district grant a waiver from specific provisions of the [collective bargaining] agreement for the teacher or governing body.
4. The collective bargaining agreement of a school district in which a charter school is located ceases to apply to the employees in any bargaining unit recognized by the governing body of the charter school pursuant to chapter 288 of NRS if, pursuant to that chapter, an employee organization is recognized as the exclusive bargaining agent for those employees and a new collective bargaining agreement is entered into between the governing body and the employee organization. The employee organization that is a party to the collective bargaining agreement of the school district may seek recognition on the same basis as any other employee organization.
5. All employees of a charter school shall be deemed public employees.
[5.] 6. 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.
[6.] 7. 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 applicable collective bargaining agreement.
[7.] A school district is not required to reassign an employee of a charter school pursuant to this subsection if the employee:
(a) Was not granted a leave of absence by the school district to teach at the charter school pursuant to subsection 8; or
(b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection 8.
8. 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.
[8.] 9. 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.
[9.] 10. 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.
[10.] 11. 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.
[11.] 12. 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.] 13. 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. 18. NRS 386.600 is hereby amended to read as follows:386.600 1. On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the superintendent of public instruction , the governor and the director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly a report that includes:
(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.
(b) For each licensed employee and nonlicensed teacher employed by the charter school on October 1 of that year:
(1) The amount of salary of the employee; and
(2) The designated assignment, as that term is defined by the department, of the employee.
(c) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(d) The count of pupils who are enrolled in a charter school in:
(1) Kindergarten;
(2) Grades 1 to 12, inclusive; and
(3) Special education pursuant to NRS 388.440 to 388.520, inclusive.
(e) The actual expenditures of the charter school in the fiscal year immediately preceding the report.
(f) The proposed expenditures of the charter school for the current fiscal year.
(g) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations.
(h) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(i) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.
(j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the governor, the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each governing body pursuant to subsection 1.
3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the state distributive school account for the preceding year.
Sec. 19. NRS 387.123 is hereby amended to read as follows:387.123 1. The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district , including, without limitation, a program of distance education provided by the school district, or pupils who reside in the county in which the school district is located and are enrolled in any charter school , including, without limitation, a program of distance education provided by a charter school for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Pupils who reside in the county and are enrolled part time in a program of distance education if an agreement is filed with the superintendent of public instruction pursuant to section 30 or 31 of this act, as applicable.
(e) 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)] (f) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560.
[(f)] (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.
[(g)] (h) 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).] (d), (f) and (g).
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] The provisions of subsection 3 do not apply to a charter school [is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.] or a program of distance education provided pursuant to sections 25 to 33, inclusive, of this act.
Sec. 20. 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 enrolled full time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.
(4) The count of pupils who reside in the county and are enrolled:
(I) In a public school of the school district and are concurrently enrolled part time in a program of distance education provided by another school district or a charter school if an agreement is filed with the superintendent of public instruction pursuant to section 30 of this act on the last day of the first school month of the school district for the school year, 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).
(II) In a charter school and are concurrently enrolled part time in a program of distance education provided by a school district or another charter school if an agreement is filed with the superintendent of public instruction pursuant to section 31 of this act on the last day of the first school month of the school district for the school year, 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).
(5) The count of pupils not included under subparagraph (1) , [or] (2) , (3) or (4) 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)] (6) 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)] (7) 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)] (8) 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 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. 21. NRS 387.124 is hereby amended to read as follows:
387.124 Except as otherwise provided in this section and 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[.] and all the funds attributable to pupils who reside in the county but are enrolled full time or part time in a program of distance education provided by another school district or 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. If a school district provides a program of distance education:
(a) No apportionment may be made to the school district for pupils who reside in another county and are enrolled full time in the program of distance education unless an agreement is filed pursuant to section 30 of this act; and
(b) The apportionment to the school district pursuant to this subsection for all pupils who are enrolled full time in the program of distance education must be reduced by the amount of money, as determined by the department, that would have otherwise been allocated for the transportation of each pupil enrolled in the program of distance education.
2. 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 [.] minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If a charter school provides a program of distance education, the apportionment to the charter school pursuant to this subsection for pupils who are enrolled full time in the program of distance education must be reduced by the amount of money, as determined by the department, that would have otherwise been allocated for the transportation of each pupil enrolled in the program of distance education. 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.] 3. In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to section 30 or 31 of this act, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education 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) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.
4. 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.] 5. 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. 22. 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 state 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 state 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) (8) 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)] (e) 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.
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. 23. 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. 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] 4 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. 24. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 25 to 33, inclusive, of this act. Sec. 25. As used in sections 25 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 26 and 27 of this act have the meanings ascribed to them in those sections. Sec. 26. “Distance education” means instruction which is delivered by means of video, computer, television, correspondence or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered. Sec. 27. “Program of distance education” means a program which uses distance education as its primary mechanism for delivery and is comprised of one or more courses of study that is designed for pupils who: 1. Are participating in a program for pupils who are at risk of dropping out of high school pursuant to NRS 388.537. 2. Are participating in a program of independent study pursuant to NRS 389.155. 3. Are enrolled in a public school that does not offer advanced courses. 4. Have a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050. 5. Would otherwise be excused from compulsory attendance pursuant to NRS 392.080. 6. Are otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675. Sec. 28. 1. The board of trustees of a school district or the governing body of a charter school may submit an application to the department to provide a program of distance education. 2. An application to provide a program of distance education must include: (a) All the information prescribed by the state board by regulation. (b) Proof satisfactory to the department that the program satisfies all applicable statutes and regulations. 3. The department may approve an application submitted pursuant to this section if the application satisfies the requirements of sections 25 to 33, inclusive, of this act and all other applicable statutes and regulations. The department shall not unreasonably withhold its approval of an application.Sec. 29. 1. A pupil may enroll in a program of distance education if he:
(a) Is participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537; (b) Is participating in a program of independent study pursuant to NRS 389.155; (c) Is enrolled in a public school that does not offer certain advanced courses which the pupil desires to attend; (d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050; (e) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080; or(f) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675.
2. In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the state board pursuant to section 33 of this act.
3. A child who is exempt from compulsory attendance and receiving equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1.
4. If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271, inclusive.
5. If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only for the purpose of taking those advanced courses that are not offered at the public school he otherwise attends.
Sec. 30. 1. Except as otherwise provided in this subsection, before a pupil may enroll full time or part time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides. 2. If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must: (a) Contain a statement prepared by the board of trustees of the school district in which the pupil resides indicating that the board of trustees understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the school district pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education; (b) If the pupil plans to enroll part time in the program of distance education, contain a statement prepared by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education 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) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides; (c) Be signed by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education; and (d) Include any other information required by the state board by regulation. 3. On or before September 1 of each year, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled full time or part time in a program of distance education provided by a school district other than the school district in which the pupil resides. On or before September 1 of each year, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a public school of the school district and who is enrolled part time in a program of distance education provided by a charter school. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by this section, the superintendent of public instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education. Sec. 31. 1. If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education. 2. Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled. 3. If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must: (a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education; (b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education 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) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides; (c) Be signed by the governing body of the charter in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and (d) Include any other information required by the state board by regulation. 4. On or before September 1 of each year, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a charter school and who is enrolled part time in a program of distance education provided by a school district or another charter school. If an agreement is not filed for such a pupil, the superintendent of public instruction shall not apportion money for that pupil to the governing body of the charter school in which the pupil is enrolled, or the board of trustees or governing body that provides the program of distance education. Sec. 32. 1. If a pupil is enrolled full time in a program of distance education provided by the board of trustees of a school district, the board of trustees of the school district that provides the program shall declare for each such pupil the public school within that school district to which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation: (a) Graduation requirements; (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive; (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and (d) Discipline of pupils. 2. A pupil who is enrolled full time in a program of distance education provided by a charter school shall be deemed enrolled in the charter school. All the applicable requirements, including, without limitation, statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation: (a) Graduation requirements; (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive; (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and (d) Discipline of pupils. 3. If a pupil is enrolled part time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the pupil is otherwise enrolled apply to such a pupil, including, without limitation: (a) Graduation requirements; (b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive; (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and (d) Discipline of pupils. Sec. 33. 1. The state board shall adopt regulations that prescribe: (a) The process for submission of an application by the board of trustees of a school district or the governing body of a charter school to provide a program of distance education and the contents of the application; (b) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with section 29 of this act; (c) A method for reporting to the department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils; (d) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and (e) A written description of the process pursuant to which the department may revoke its approval for the operation of a program of distance education. 2. The state board may adopt regulations as it determines are necessary to carry out the provisions of sections 25 to 33, inclusive, of this act. Sec. 34. NRS 388.090 is hereby amended to read as follows:388.090 1. Except as otherwise permitted pursuant to this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.
2. The superintendent of public instruction may, upon application by a board of trustees, authorize a reduction of not more than 15 school days in a particular district to establish or maintain a 12-month school program or a program involving alternative scheduling, if the board of trustees demonstrates that the proposed schedule for the program provides for a greater number of minutes of instruction than would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the superintendent of public instruction must find that the proposed schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding, or to establish and maintain a program of alternative schooling[.] , including, without limitation, a program of distance education provided by the board of trustees pursuant to sections 25 to 33, inclusive, of this act.
3. The superintendent of public instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.
4. Each school district shall schedule at least 3 contingent days of school in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.
5. If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.
6. The state board [of education] shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.
Sec. 35. NRS 388.537 is hereby amended to read as follows:388.537 1. The board of trustees of a school district may, subject to the approval of the state board, operate an alternative program for the education of pupils at risk of dropping out of high school, including pupils who:
(a) Because of extenuating circumstances, such as their being pregnant, parents, chronically ill or self-supporting, are not able to attend the classes of instruction regularly provided in high school;
(b) Are deficient in the amount of academic credit necessary to graduate with pupils their same age;
(c) Are chronically absent from high school; or
(d) Require instruction on a more personal basis than that regularly provided in high school.
2. An alternative program may include:
(a) A shorter school day, and an opportunity for pupils to attend a longer school day, than that regularly provided in high school.
(b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.
(c) A comprehensive curriculum that includes elective classes of instruction and occupational education.
(d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.
(e) An opportunity for pupils to satisfy either:
(1) The requirements for a regular high school diploma; or
(2) The requirements for a high school diploma for adults.
(f) The provision of child care for the children of pupils.
(g) The transportation of pupils to and from classes of instruction.
(h) The temporary placement of pupils for independent study, if there are extenuating circumstances which prevent those pupils from attending the alternative program on a daily basis.
3. The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to sections 25 to 33, inclusive, of this act.
Sec. 36. NRS 388.700 is hereby amended to read as follows:388.700 1. Except as otherwise provided in subsections 2, 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.
2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.
3. The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
4. The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:
(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.
5. The department shall, on or before November 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:
(a) The number of teachers employed;
(b) The number of teachers employed in order to attain the ratio required by subsection 1;
(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[.] or to a program of distance education provided pursuant to sections 25 to 33, inclusive, of this act.
Sec. 37. NRS 389.017 is hereby amended to read as follows:389.017 1. The state board shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
2. The results of examinations must be reported for each school, including, without limitation, each charter school, school district and this state , as follows:
(a) The average score, as defined by the department, of pupils who took the examinations under regular testing conditions; and
(b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.
3. The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school[;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 25 to 33, inclusive, of this act; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
The scores reported pursuant to
this subsection must not be included in the average scores reported pursuant to
subsection 2.
4. Not later than 10 days after the department receives the results of the achievement and proficiency examinations, the department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each
year, the department shall transmit to the budget division of the department of
administration and the fiscal analysis division of the legislative counsel
bureau the information submitted to the department pursuant to this subsection.
6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
7. In addition to the information required by subsection 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.
Sec. 38. NRS 389.560 is hereby amended to read as follows:389.560 1. The state board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the superintendent of public instruction, the department and the council, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to NRS 389.550. The state board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.
2. The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:
(a) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations under regular testing conditions; and
(b) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.
3. The department shall adopt regulations prescribing the requirements for reporting the results of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school[;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 25 to 33, inclusive, of this act; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
The results reported pursuant
to this subsection must not be included in the percentage of pupils reported
pursuant to subsection 2.
4. Not later than 10 days after the department receives the results of the examinations, the department shall transmit a copy of the results to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each
year, the department shall transmit to the budget division of the department of
administration and the fiscal analysis division of the legislative counsel
bureau the information submitted to the department pursuant to this subsection.
6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
7. In addition to the information required by subsection 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.
Sec. 39. NRS 391.170 is hereby amended to read as follows:391.170 1. Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:
(a) He is legally employed by the board of trustees of the school district or the governing body of the charter school in which he is teaching or performing other educational functions.
(b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.
2. The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school for a whom a license is not required pursuant to the provisions of NRS 386.590 . [and 386.595.]
Sec. 40. NRS 391.31965 is hereby amended to read as follows:391.31965 Any postprobationary employee of a school district of Nevada who is employed by another school district or charter school must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.3197.
Sec. 41. NRS 392.010 is hereby amended to read as follows:392.010 Except as to the attendance of a pupil pursuant to NRS 392.015 or sections 25 to 33, inclusive, of this act, or a pupil who is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS 392.264 and 392.268:
1. The board of trustees of any school district may, with the approval of the superintendent of public instruction:
(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or
(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.
2. With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:
(a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and
(b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.
3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec. 42. NRS 392.035 is hereby amended to read as follows:392.035 1. In determining the mobility of pupils in a school, for any purpose, the department shall divide the sum of the following numbers by the cumulative enrollment in the school:
(a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;
(b) The number of pupils reentering the school after having withdrawn from the same school; and
(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), (c), (e) and (f)] to (d), inclusive, (f) and (g) 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. 43. NRS 392.070 is hereby amended to read as follows:392.070 1. Attendance required by the provisions of NRS 392.040 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.
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[,] and this subsection for programs of distance education, 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. The board
of trustees of a school district shall not authorize such a child to
participate in a class or activity through a program of distance education
provided by the school district pursuant to sections 25 to 33, inclusive, of
this act.
4. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 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. 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.
5. 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.
6. 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.
7. As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401(22).
Sec. 44. NRS 288.060 is hereby amended to read as follows:288.060 “Local government employer” means any political subdivision of this state or any public or quasi-public corporation organized under the laws of this state and includes, without limitation, counties, cities, unincorporated towns, charter schools, school districts, hospital districts, irrigation districts and other special districts.
Sec. 45. Section 60 of chapter 606, Statutes of Nevada 1999, at page 3324, is hereby amended to read as follows: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 16, inclusive, 18 to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.
3. Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on July 1, 1999.
4. Section 12.5 of this act becomes effective on July 1, [2001.
5. Section 55 of this act becomes effective on July 1,] 2003.
Sec. 46. If the membership of the governing body of a charter school that is in operation before July 1, 2001, does not comply with the amendatory provisions of section 12 of this act, the charter school shall make appropriate changes to the membership of the governing body and otherwise take appropriate action to ensure that the governing body of the charter school complies with the amendatory provisions of section 12 of this act on or before September 1, 2001. Sec. 47. The amendatory provisions of section 17 of this act do not affect any right to representation that an employee of a charter school acquired before July 1, 2001, by virtue of his membership in an employee organization. Sec. 48. On or before April 1, 2002, the state board of education shall adopt regulations required by section 33 of this act. Sec. 49. The department of education shall accept applications to provide programs of distance education in accordance with section 28 of this act for programs that will commence operation with the 2002-2003 school year or any school year thereafter. If any deadlines contained within the regulations adopted by the state board of education pursuant to section 33 of this act preclude a school district or charter school from submitting an application for the 2002-2003 school year, the department of education shall grant a shorter period for the board of trustees or governing body to submit an application for the 2002-2003 school year notwithstanding the provisions of those regulations. Sec. 50. If a school district or charter school provides, before July 1, 2001, a program that includes distance education in accordance with all applicable statutes and regulations, the school district or charter school may continue to offer that program for the 2001-2002 school year if the school district or charter school provides written notice to the state board of education on or before July 1, 2001. After the 2001-2002 school year, the school district or charter school must comply with sections 25 to 33, inclusive, of this act, if it desires to continue the program. The provisions of this section apply to a charter school regardless of the terms of the written charter of the charter school that authorize the charter school to provide a program that includes distance education. Sec. 51. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001. Sec. 52. Section 55 of chapter 606, Statutes of Nevada 1999, at page 3322, is hereby repealed. Sec. 53. 1. This section and sections 1 to 12, inclusive, 15 to 18, inclusive, 33, 39, 40 and 44 to 52, inclusive, of this act become effective on July 1, 2001. 2. Sections 13, 14, 19 to 32, inclusive, 34 to 38, inclusive, 41, 42 and 43 of this act become effective on July 1, 2002.”. Amend the bill as a whole by adding the text of the repealed section, following sec. 42, to read as follows:“
TEXT OF REPEALED SECTION
Section 55 of chapter 606, Statutes of Nevada 1999:
Sec. 55. NRS 386.510 is hereby repealed.”. Amend the title of the bill to read as follows:“AN ACT relating to education; prohibiting an existing public school, private school or home school from converting to a charter school; prohibiting a charter school from contracting with or being supported by a private corporation or other entity that operates for profit; revising provisions governing the formation, operation and personnel of charter schools; making certain provisions related to collective bargaining applicable to charter schools; authorizing boards of trustees of school districts and governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board of education to adopt regulations prescribing the requirements for programs of distance education; revising provisions governing the apportionments of money from the state distributive school account to provide for the payment of money for pupils who are enrolled in programs of distance education; repealing the prospective removal of the limit on the number of charter schools that may be formed; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:“SUMMARY—Revises provisions governing charter schools and authorizes programs of distance education. (BDR 34‑859)”.Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblymen Williams, Von Tobel, Bache, Beers, Angle and Cegavske.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
general file and third reading
Assembly Bill No. 311.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1038.
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 387.122 is hereby amended to read as follows:
387.122 1. For making the apportionments of the state distributive school account in the state general fund required by the provisions of this Title, the basic support guarantee per pupil for each school district and the basic support guarantee for each special education program unit maintained and operated during at least 9 months of a school year are established by law for each school year.
2. The basic support guarantee established pursuant to subsection 1 for each special education program unit for the education of pupils with disabilities must not be less than an amount equal to 60 percent of the average annual salary plus benefits for the year in which the basic support guarantee is established of licensed teachers who teach special education in this state.”.
Amend the bill as a whole by deleting sections 3 through 16 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. Notwithstanding the amendatory provisions of section 1 of this act to the contrary, the basic support guarantee established by the legislature for each special education program unit for the education of pupils with disabilities for:
1. The fiscal year 2003-2004, must not be less than an amount equal to 58 percent of the average annual salary plus benefits for that year of licensed teachers who teach special education in this state.
2. The fiscal year 2004-2005, must not be less than an amount equal to 59 percent of the average annual salary plus benefits for that year of licensed teachers who teach special education in this state.
Sec. 4. 1. This section and sections 1 and 3 of this act become effective on January 1, 2003.
2. Section 2 of this act becomes effective on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; revising provisions governing the establishment of the basic support guarantee for special education program units for the education of pupils with disabilities; revising provisions governing the purchase of retirement credit for certain teachers; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing educational personnel and basic support guarantee for special education. (BDR 34‑1084)”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the reading of the history on Senate Bills upon introduction be dispensed with for this legislative day. Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Ways and Means:
Assembly Bill No. 669—AN ACT relating to liquor; authorizing a transfer of liquor between certain affiliated retailers; providing for the enforcement of the provisions of chapter 369 of NRS; making an appropriation; providing a civil penalty; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 109.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 137.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 139.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 170.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 174.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 277.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 319.
Assemblyman Parks moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 431.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 573.
Assemblyman Parks moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 574.
Assemblyman Parks moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the action whereby Senate Bill No. 137 was referred to the Committee on Ways and Means be rescinded.
Motion carried.
Assemblywoman Buckley moved that Senate Bill No. 137 be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assemblyman Dini moved that the Assembly do not recede from its action on Senate Bill No. 418, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Dini.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Buckley, Dini and Hettrick as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 418.
Consideration of Senate Amendments
Assembly Bill No. 443.
The following Senate amendment was read:
Amendment No. 822.
Amend sec. 2, page 1, line 4, by deleting “owned and”.
Amend sec. 3, page 2, line 8, by deleting “1.”.
Amend sec. 3, page 2, by deleting lines 11 through 16 and inserting:
“1. A ballot question.
2. A candidate.”.
Amend sec. 4, page 2, line 39, after “may” by inserting:
“request that the county clerk”.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. The amendatory provisions of this act do not apply to any building leased pursuant to an agreement that would prohibit the lessee from complying with the provisions of section 1 of this act until the agreement expires or is renewed.”.
Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 443.
Remarks by Assemblywoman Giunchigliani.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 444.
The following Senate amendment was read:
Amendment No. 995.
Amend section 1, pages 1 and 2, by deleting lines 16 and 17 on page 1 and line 1 on page 2 and inserting:
“[5.] (e) Failure of the applicant to obtain any written approval required by NRS 439A.100 or an ordinance adopted pursuant to section 1 of Senate Bill No. 328 of this [act] session or as provided in any regulation adopted pursuant to this chapter,”.
Amend section 1, page 2, between lines 12 and 13, by inserting:
“3. The health division shall maintain a log of any complaints that it receives relating to activities for which the health division may revoke the license to operate a facility for the dependent pursuant to subsection 2.
4. On or before February 1 of each odd-numbered year, the health division shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the health division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the health division pursuant to subsection 2.”.
Amend sec. 2, page 2, line 17, by deleting:
“bureau, the bureau” and inserting:
“board, the health division”.
Amend sec. 2, page 2, line 22, by deleting “bureau” and inserting “health division”.
Amend sec. 2, page 2, line 34, by deleting “bureau” and inserting “health division”.
Amend sec. 2, page 2, line 42, by deleting “bureau” and inserting “health division”.
Amend sec. 2, page 2, between lines 43 and 44, by inserting:
“5. The health division shall maintain a log of any complaints that it receives relating to activities for which the health division may revoke the certification of a halfway house for alcohol and drug abusers pursuant to subsection 2.
6. On or before February 1 of each odd-numbered year, the health division shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the health division pursuant to subsection 5; and
(b) Any disciplinary actions taken by the health division pursuant to subsection 2.”.
Amend sec. 3, page 3, between lines 17 and 18, by inserting:
“(m) Information regarding the procedure pursuant to which a tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or regulation.”.
Amend sec. 5, page 4, line 34, after “(m)” by inserting:
“Information regarding the procedure pursuant to which a tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or regulation.
(n)”.
Amend sec. 6, page 5, between lines 20 and 21, by inserting:
“3. The bureau shall maintain a log of any complaints that it receives relating to activities for which the bureau may revoke the license to operate a child care facility pursuant to subsection 2.
4. On or before February 1 of each odd-numbered year, the bureau shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the bureau pursuant to subsection 3; and
(b) Any disciplinary actions taken by the bureau pursuant to subsection 2.”.
Amend sec. 7, page 6, by deleting lines 16 through 23 and inserting:
“any person who:
(a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and
(b) In connection with any property for which the person has obtained a written brokerage agreement to manage the property pursuant to NRS 645.6056:
(1) Is convicted of violating any of the provisions of NRS 202.470;
(2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or
(3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the person’s duties pursuant to the written brokerage agreement.
4. The commission shall maintain a log of any complaints that it receives relating to activities for which the commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.
5. On or before February 1 of each odd-numbered year, the commission shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the commission pursuant to subsection 4; and
(b) Any disciplinary actions taken by the commission pursuant to subsection 3.”.
Amend sec. 8, page 6, by deleting line 24 and inserting:
“Sec. 8. 1. This section and sections 2 to 7, inclusive, of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the preservation of neighborhoods; providing for the revocation of the license or certification of certain facilities for the care and treatment of persons in certain circumstances; requiring certain rental agreements to contain certain additional information; requiring that the responsible person whose telephone number a landlord is required to provide to a tenant for emergencies must reside in the same county in which the premises are located; authorizing the real estate commission to discipline certain licensees in certain circumstances; requiring certain governmental agencies to maintain a log of certain complaints and to submit certain reports to the director of the legislative counsel bureau; and providing other matters properly relating thereto.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 444.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 556.
The following Senate amendment was read:
Amendment No. 768.
Amend the bill as a whole by renumbering sections 1 through 6 as sections 2 through 7 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 353.057 is hereby amended to read as follows:
353.057 1. The state board of examiners may authorize [the establishment of] its clerk, under such circumstances as it deems appropriate, to authorize a state agency to establish a petty cash account [not to exceed $250 by any state agency] of not more than $250 out of the agency’s budgeted resources.
2. If a petty cash account is authorized for any state agency[, the state board of examiners] pursuant to this section, the clerk shall:
(a) Define the purposes for which the petty cash account may be used; and
(b) Provide that replenishment claims must be paid from the agency’s budgeted resources and processed as other claims against the state are paid.”.
Amend the bill as a whole by deleting sec. 7.
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
“to authorize its clerk to take certain actions on its behalf; requiring the clerk to make periodic reports of his determinations regarding certain of those actions;”.
Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 768 to Assembly Bill No. 556.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
The following Senate amendment was read:
Amendment No. 1004.
Amend the bill as a whole by renumbering sec. 13 as sec. 14 and adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. Section 1 of Assembly Bill No. 128 of this session is hereby amended to read as follows:
Section 1. NRS 277.180 is hereby amended to read as follows:
277.180 1. Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such a contract must:
(a) Be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force ; [.]
(b) Set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties[.] ; and
(c) If an agency of this state is a party to the contract, be approved by the attorney general as to form and compliance with law.
If it is reasonably
foreseeable that a contracting party will be required to expend $2,000 or more
to carry out the contract, the contract must be in writing.
2. The authorized purposes of agreements made pursuant to subsection 1 include, but are not limited to:
(a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.
(b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.
(c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.
(d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.
(e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.
(f) The joint and cooperative use of law enforcement agencies.
(g) The joint use or operation of a system of public transportation.
3. Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.”.
Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 1004 to Assembly Bill No. 556.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 555.
The following Senate amendment was read:
Amendment No. 929.
Amend section 1, page 2, by deleting lines 29 through 31.
Assemblyman Bache moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 555.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered transmitted to the Senate.
Assembly Bill No. 325.
The following Senate amendment was read:
Amendment No. 755.
Amend sec. 2, page 3, line 1, by deleting:
“
“
Amend sec. 2, page 3, line 3, after “
“
Amend sec. 2, page 3, line 5, by deleting “
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 325.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Recede From Assembly Amendments
Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 87, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Anderson.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Buckley, Carpenter and Oceguera as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 87.
Consideration of Senate Amendments
Assembly Bill No. 195.
The following Senate amendment was read:
Amendment No. 848.
Amend sec. 3, pages 1 and 2, by deleting lines 15 through 17 on page 1 and lines 1 through 18 on page 2, and inserting:
“427A.330 1. The [governor] legislative commission shall appoint [21 persons] to the Nevada silver haired legislative forum [, of whom not more than 11 may be members of the same political party. The governor shall appoint from each senatorial district] a number of members equal to the number of state senators . [that represent the senatorial district.] The persons appointed to the forum must be the persons nominated pursuant to this section. Each member of the senate shall nominate a person who meets the requirements for appointment to the forum set forth in NRS 427A.340.
2. Appointments to the Nevada silver haired legislative forum must be made by the [governor] legislative commission before December 1 of an odd-numbered year. The term of a member begins on December 1 of the odd-numbered year of appointment.
3. The members of the Nevada silver haired legislative forum from Clark County senatorial districts 2, 3, 4, 7 and 8, Washoe County senatorial districts 1 and 3, the Capital senatorial district and the Western Nevada senatorial district serve an initial term of 1 year. The [eight] members of the Nevada silver haired legislative forum from the remaining senatorial districts serve an initial term of 2 years. After the initial terms, each member serves a term of 2 years.”.
Amend sec. 4, page 2, by deleting lines 24 and 25 and inserting:
“2. Have been a registered voter in the senatorial district [that he is to represent] of the senator who nominated him for 3”.
Amend the bill as a whole by renumbering sections 10 through 13 as sections 12 through 15 and adding new sections designated sections 10 and 11, following sec. 9, to read as follows:
“Sec. 10. NRS 294A.160 is hereby amended to read as follows:
294A.160 1. It is unlawful for a candidate to spend money received as a campaign contribution for his personal use.
2. Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall:
(a) Return the unspent money to contributors;
(b) Use the money in his next election or for the payment of other expenses related to public office or his campaign;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(d)Donate the money to any tax-exempt nonprofit entity; or
(e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d),inclusive.
3. Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall, not later than the 15th day of the second month after his defeat:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d)Dispose of the money in any combination of the methods provided in paragraphs (a) , (b) and (c).
4. Every candidate for a state, district, county, city or township office who is defeated at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after his defeat, return any money in excess of $5,000 to the contributor.
5. Every public officer who:
(a) Holds a state, district, county, city or township office;
(b) Does not run for reelection and is not a candidate for any other office; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
shall, not later
than the 15th day of the second month after the expiration of his term of
office, dispose of those contributions in the manner provided in subsection 3.
6. In addition to the methods for disposing the unspent money set forth in subsections 2, 3 and 4, a legislator may donate not more than $500 of that money to the Nevada silver haired legislative forum created pursuant to NRS 427A.320.
7. The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
[7.] 8. As used in this section, “contributions” include any interest and other income earned thereon.
Sec. 11. NRS 294A.180 is hereby amended to read as follows:
294A.180 1. Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the secretary of state stating the amount of contributions which he received for that campaign but did not spend and the disposition of those unspent contributions.
2. Each public officer who is elected to a state, district, county, city or township office shall file a report:
(a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend and the amount, if any, of those unspent contributions disposed of pursuant to [subsection] subsections 2 and 6 of NRS 294A.160 as of the last day of the first month after his election;
(b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to NRS 294A.160 during the period from the last date covered by his last report through December 31 of the immediately preceding year and the manner in which they were disposed of; and
(c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.
3. The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.
4. A public officer filing a report pursuant to subsection 2:
(a) Shall file the report with the officer with whom he filed his declaration of candidacy or acceptance of candidacy.
(b) May file the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. A county clerk who receives from a legislative or judicial officer, other than a justice of the peace or municipal judge, a report pursuant to subsection 4 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.”.
Amend sec. 12, page 4, by deleting line 10 and inserting: “legislative forum who is incumbent on the effective date of this act, expires on November 30,”.
Amend the title of the bill, fourth line, after “the forum;” by inserting: “authorizing a legislator to donate a certain amount of unspent campaign contributions to the forum;”.
Assemblywoman Koivisto moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 195.
Remarks by Assemblywoman Koivisto.
Motion carried.
Bill ordered transmitted to the Senate.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Giunchigliani, Parks and Beers as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 48.
Consideration of Senate Amendments
Assembly Bill No. 242.
The following Senate amendment was read:
Amendment No. 1005.
Amend section 1, page 1, line 5, by deleting “inclusive.” and inserting:
“inclusive, and section 11 of
[act.]
Amend section 1, page 1, line 9, after “original” by inserting: “license, except that an operator of or instructor for a school for training drivers is not required to comply with the provisions of section 11 of
[act]
Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 242.
Remarks by Assemblywoman Chowning.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 643.
The following Senate amendment was read:
Amendment No. 796.
Amend sec. 2, page 3, line 8, by deleting “inclusive [;]” and inserting:
“inclusive, and section 1 of
[act;]
Amend sec. 3, page 3, line 35, after “inclusive,” by inserting:
“and section 1 of
[act,]
Amend sec. 3, page 3, line 38, by deleting “For” and inserting:
“Except as otherwise provided in section 1 of
[act,]
Amend sec. 3, page 3, line 41, after “substitute” by inserting “of a”.
Amend sec. 3, page 3, line 42, by deleting “requested” and inserting “issued”.
Amend sec. 5, page 5, line 8, after “4.” by inserting:
“An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.
5.”.
Amend sec. 5, page 5, line 22, by deleting “5.” and inserting “6.”.
Amend sec. 5, page 5, line 29, by deleting “4;” and inserting “5;”.
Amend sec. 5, page 5, line 35, by deleting “6.” and inserting “7.”.
Amend sec. 5, page 5, line 41, by deleting “7.” and inserting “8.”.
Amend sec. 5, page 5, line 42, by deleting “4” and inserting “5”.
Amend sec. 5, page 5, by deleting line 46 and inserting:
“9. A person who violates any of the provisions of subsections 5 to 8, inclusive, [of this section] is guilty of a”.
Amend sec. 9, page 6, line 18, after “8” by inserting:
“of this act”.
Amend sec. 9, page 6, by deleting line 20 and inserting:
“2. Sections 1, 6 and 7 of this act become effective on October 1, 2001.
3. Sections 2 and 3 of this act become effective at 12:01 a.m. on October 1, 2001.”.
Assemblywoman Chowning moved that the Assembly concur in the Senate Amendment No. 796 to Assembly Bill No. 643.
Remarks by Assemblywoman Chowning.
Motion carried by a two-thirds constitutional majority.
Amendment No. 960.
Amend the bill as a whole by renumbering sections 1 through 9 as sections 4 through 12 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, the department, in cooperation with the Nevada Test Site Historical Foundation or its successor, shall design, prepare and issue license plates for the support of the preservation of the history of atomic testing in Nevada, using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates for the support of the preservation of the history of atomic testing in Nevada, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation of the history of atomic testing in Nevada if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation of the history of atomic testing in Nevada pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the preservation of the history of atomic testing in Nevada is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation of the history of atomic testing in Nevada must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Nevada Test Site Historical Foundation or its successor for its programs and activities in support of the preservation of the history of atomic testing in Nevada.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
Sec. 3. 1. Except as otherwise provided in this subsection, the department, in cooperation with the Outside Las Vegas Foundation or its successor, shall design, prepare and issue license plates to support preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents, using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates pursuant to this section, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees prescribed pursuant to subsections 3 and 4 for the license plates issued pursuant to this section.
3. The fee for license plates issued pursuant to this section is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates pursuant to this section must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the Outside Las Vegas Foundation or its successor for its programs and activities in support of preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents.
6. If, during a registration year, the holder of license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.”.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Sec. 4. 1. Except as otherwise provided in this subsection, the department”.
Amend sec. 2, page 3, line 9, by deleting:
“session and section 1” and inserting:
“session and sections 2, 3 and 4”.
Amend sec. 3, page 3, line 38, by deleting “section 1” and inserting:
“sections 2, 3 and 4”.
Amend sec. 6, page 6, by deleting line 23 and inserting:
“pursuant to:
1. Section 2 of this act;
2. Section 3 of this act; and
3. Section 4 of this act.”.
Amend sec. 7, page 6, by deleting line 24 and inserting:
“Sec. 10. 1. The amendatory provisions of section 2 of this act”.
Amend sec. 7, page 6, line 27, by deleting “1” and inserting “2”.
Amend sec. 7, page 6, between lines 28 and 29 by inserting:
“2. The amendatory provisions of section 3 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 3 of this act.
3. The amendatory provisions of section 4 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to the provisions of section 4 of this act.”.
Amend sec. 8, page 6, line 29, by deleting:
“4 and 5” and inserting:
“7 and 8”.
Amend sec. 9, page 6, line 32, by deleting:
“4, 5 and 8” and inserting:
“7, 8 and 11”.
Amend sec. 9, page 6, line 34, by deleting:
“1, 6 and 7” and inserting:
“1 to 4, inclusive, 9 and 10”.
Amend sec. 9, page 6, line 35, by deleting:
“2 and 3” and inserting:
“5 and 6”.
Amend the title of the bill, first line, after “vehicles;” by inserting:
“providing for the issuance of special license plates for the support of the preservation of the history of atomic testing in Nevada; providing for the issuance of special license plates to support preserving the federal lands surrounding Las Vegas;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing issuance and use of special license plates. (BDR 43‑1019)”.
Assemblywoman Chowning moved that the Assembly concur in the Senate Amendment No. 960 to Assembly Bill No. 643.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:23 p.m.
ASSEMBLY IN SESSION
At 12:26 p.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Chowning moved that the motion to concur in Senate Amendment No. 960 to Assembly Bill No. 643 be rescinded.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Mr. Speaker announced the appointment of Assemblymen Oceguera, Brown and Smith as a Committee to review the status of the Conference Committees.
REMARKS FROM THE FLOOR
Assemblyman Lee requested that his remarks be entered in the Journal.
Thank you, Mr. Speaker. What a glorious day this has been. I was fortunate enough this morning to wake up to a new grandchild. I would like to put in the Legislative Journal today that Ethan Lee Lueck was born to my daughter Crystal Lueck at 7:15 a.m. He was 7 lbs. 12 oz. Baby and mother are doing well. It is my first grandson. Thank you, very much.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 7, 29, 33, 44, 74, 92, 165, 171, 180, 192, 199, 201, 245, 253, 257, 264, 267, 294, 302, 344, 402, 431, 440, 446, 463, 488, 491, 501, 536, 547, 563, 576, 601, 604, 622, 628, 636, 649; Senate Bills Nos. 39, 112, 115, 221, 223, 227, 237, 238, 252, 274, 289, 311, 337, 380, 381, 397, 406, 467, 483, 499, 519, 557; Senate Concurrent Resolution No. 49.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to William Raley.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Loren Brower, Hayley Brower and Kaitlin Brower.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Jory Bradford.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Jay B. Ashworth.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Colombo and Barbara Pennington.
Assemblywoman Buckley moved that the Assembly adjourn until Monday, May 28, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:28 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon