THE EIGHTY-SECOND DAY
Carson City(Friday), April 27, 2001
Senate called to order at 9:49 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Jeffrey Paul.
Lead us from death to life, from falsehood to truth. Lead us from despair to hope, from fear to trust. Let peace fill our hearts, our world and our universe. Let us give the mountains and rivers, the trees and animals, the homeless and the helpless, a vote this day! Let us dream together, pray together, work together, to build one world of peace and justice for all; world without end.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 425, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Senate Bill No. 357, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Taxation, to which was referred Senate Bill No. 238, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 26, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 12; Senate Bill No. 271.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 63, 93, 131, 207, 225, 391, 413, 447, 465, 468, 536, 550, 556, 563, 619, 657.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
WAIVERS AND EXEMPTIONS
Notice of Exemption
April 26, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bill No. 292.
Gary Ghiggeri
Fiscal Analysis Division
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Joint Resolution No. 12.
Senator Rawson moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Amodei:
Senate Bill No. 569—AN ACT relating to telephone systems; providing for the imposition of surcharges on telephone services by certain counties for the enhancement of telephone systems for reporting emergencies in those counties; providing for the deposit of certain fees imposed by cities and counties on providers of personal wireless service into a special revenue fund; revising the purposes for which money in the special revenue fund may be used; repealing the prospective expiration of certain provisions concerning surcharges on telephone services in certain counties for the enhancement of telephone systems for reporting emergencies in those counties; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that for this legislative day, all Senate bills reported out of committee with amendments be immediately placed on the appropriate reading files, time permitting.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that for this legislative day, that all rules be suspended, and that all Senate bills and joint resolutions returned from reprint be declared emergency measures under the Constitution and immediately placed on third reading and final passage, time permitting.
Remarks by Senator Raggio.
Motion carried.
WAIVERS AND EXEMPTIONS
Waiver of Joint Standing Rule(s)
A Waiver requested by Senator Mark Amodei.
For: Senate Bill No. 569.
To Waive:
Subsection 1 of Joint Standing Rule No. 14 (2 BDRs from Assemblymen and 4 BDRs from Senators requested by 8th day).
Subsection 1 of Joint Standing Rule No. 14.2 (dates for introduction of BDRs requested by individual legislators and committees).
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day).
With the Following Conditions:
Must be introduced within 10 days after delivery.
May only be passed out of final committee of house of origin on or before May 2, 2001.
May only be passed out of house of origin on or before May 7, 2001.
Has been granted effective: April 17, 2001.
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 63.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 93.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 131.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 207.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 225.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 391.
Senator Townsend moved that no further consideration be given to Assembly Bill No. 391.
Motion carried.
Assembly Bill No. 413.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 447.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 465.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 468.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 536.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 550.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 556.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 563.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 619.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 657.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 292.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 544.
Amend the bill as a whole by deleting sections 1 through 9 and adding new sections designated sections 1 through 66, following the enacting clause, to read as follows:
“Section 1. NRS 385.347 is hereby amended to read as follows:
385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of a school district shall report the information required by subsection 2 for each charter school within the school district, regardless of the sponsor of the charter school.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:
(1) The number of pupils who took the examinations;
(2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and
(3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.
In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.
(d) The percentage of classes taught by teachers who have been assigned to teach English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(f) The curriculum used by the school district, including:
(1) Any special programs for pupils at an individual school; and
(2) The curriculum used by each charter school in the district.
(g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:
(1) Provide proof to the school district of successful completion of the examinations of general educational development.
(2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.
(3) Withdraw from school to attend another school.
(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:
(1) Communication with the parents of pupils in the district; and
(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.
(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.
(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.
(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.
(q) Each source of funding for the school district.
(r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.
(t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.
(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:
(1) A standard high school diploma.
(2) An adjusted diploma.
(3) A certificate of attendance.
(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.
(w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.
(x) Such other information as is directed by the superintendent of public instruction.
3. The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:
(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or
(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.
4. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teachers Association;
(5) Budget division of the department of administration; and
(6) Legislative counsel bureau, concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
5. The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
6. On or before April 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.
Sec. 2. NRS 385.363 is hereby amended to read as follows:
385.363 1. The department shall, on or before April 1 of each year:
[1.] (a) Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and
[2.] (b) 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)] (1) Demonstrating exemplary achievement;
[(b)] (2) Demonstrating high achievement;
[(c)] (3) Demonstrating adequate achievement; or
[(d)] (4) Demonstrating need for improvement.
[3.] 2. 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 31 to 44, 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. 3. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.
Sec. 4. In lieu of a high school diploma indicating that a pupil has satisfied the requirements of a school district, a charter school may issue a high school diploma which indicates that a pupil enrolled in the charter school has satisfied the requirements of the applicable state statutes and regulations for receipt of a high school diploma, including, without limitation, passage of the high school proficiency examination. A charter school that desires to issue such a diploma shall submit the form for the diploma to the state board for approval. This section does not preclude a charter school from imposing requirements in addition to those required by state statutes and regulations for receipt of a high school diploma.
Sec. 5. 1. The fund for charter schools is hereby created in the state treasury as a revolving loan fund, to be administered by the department.
2. The money in the revolving fund must be invested as other state funds are invested. All interest and income earned on the money in the revolving fund must be credited to the revolving fund. Any money remaining in the revolving fund at the end of a fiscal year does not revert to the state general fund, and the balance in the fund must be carried forward.
3. All payments of principal and interest on all the loans made to a charter school from the revolving fund must be deposited in the state treasury for credit to the revolving fund.
4. Claims against the revolving fund must be paid as other claims against the state are paid.
5. The department may accept gifts and grants from any source for deposit in the revolving fund.
Sec. 6. 1. The department may use the money in the fund for charter schools, including repayments of principal and interest on loans made from the fund, and interest and income earned on money in the fund, only to make loans at or below market rate to charter schools for the costs incurred:
(a) In preparing a charter school to commence its first year of operation; and
(b) To improve a charter school that has been in operation.
2. The total amount of a loan that may be made to a charter school in 1 year must not exceed $25,000.
Sec. 7. 1. If the governing body of a charter school has a written charter issued pursuant to NRS 386.527, the governing body may submit an application to the department for a loan from the fund for charter schools. An application must include a written description of the manner in which the loan will be used to prepare the charter school for its first year of operation or to improve a charter school that has been in operation.
2. The department shall, within the limits of money available for use in the fund, make loans to charter schools whose applications have been approved. If the department makes a loan from the fund, the department shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.
3. The state board:
(a) Shall adopt regulations that prescribe the:
(1) Annual deadline for submission of an application to the department by a charter school that desires to receive a loan from the fund; and
(2) Period for repayment and the rate of interest for loans made from the fund.
(b) May adopt other regulations as it deems necessary to carry out the provisions of this section and sections 5 and 6 of this act.
Sec. 8. 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 4 to 7, 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. 9. NRS 386.515 is hereby amended to read as follows:
386.515 1. The board of trustees of a school district may apply to the department for authorization to sponsor charter schools within the school district. An application must be approved by the department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.
2. The state board may sponsor a charter school.
Sec. 10. NRS 386.520 is hereby amended to read as follows:
386.520 1. A committee to form a charter school must consist of at least three teachers, as defined in NRS 391.311, alone or in combination with:
(a) Ten or more members of the general public;
(b) Representatives of an organization devoted to service to the general public;
(c) Representatives of a private business; or
(d) Representatives of a college or university within the University and Community College System of Nevada.
2. Before a committee to form a charter school may submit an application to the board of trustees of a school district, the subcommittee on charter schools or the state board, 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 4 to 7, 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 [.] and, if applicable to the grade level of pupils who are enrolled in the charter school, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma or the minimum requirements of this state.
(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. The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
Sec. 11. 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 applicable, a committee may submit an application directly to the subcommittee on charter schools pursuant to subsection 5. 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] a regularly scheduled meeting [,but] that must be held not later than [14] 30 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 , the subcommittee on charter schools or the state board, as applicable, shall review [the] an application to determine whether the application:
(a) Complies with NRS 386.500 to 386.610, inclusive, and sections 4 to 7, 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, the subcommittee on charter schools and the state board may, in their review of the application pursuant to paragraph (k) of subsection 2 of NRS 386.520, consider the financial viability of the proposed charter school.
3. The department shall assist the board of trustees of a school district in the review of an application. The board of trustees [shall] may 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 for sponsorship by the state board to thesubcommittee 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 an applicant proposes to form a charter school exclusively for the enrollment of pupils with disabilities or gifted and talented pupils, or both, the applicant may submit the written request and application directly to the subcommittee without first seeking approval from the board of trustees of a school district. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.
6. If the subcommittee receives [such a request,] a request pursuant to subsection 5, it shall consider the request and the application at [its next] a regularly scheduled meeting [and ensure that notice] that must be held not later than 30 days after receipt of the application. Notice of the meeting [is] must be posted in accordance with chapter 241 of NRS. [Not more than 30 days after the meeting, the subcommittee shall provide written notice of its determination to the applicant and to the board of trustees. If the subcommittee denies the request for reconsideration, the applicant may, not more than 30 days after the receipt of the written notice from the subcommittee, appeal the determination to the district court of the county in which the proposed charter school will be located.
5. If the subcommittee on charter schools grants a request to direct reconsideration, the written notice to the board of trustees of the school district that denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the subcommittee directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the subcommittee, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees] The subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The subcommittee may also consider the factors set forth in subsection 2. If the proposed charter school is designed exclusively for the enrollment of pupils with disabilities, the subcommittee shall make a specific determination whether the proposed operation of the charter school complies with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive.
7. The subcommittee shall transmit the application and the recommendation of the subcommittee for approval or denial of the application to the state board. Not more 14 days after the date of the meeting of the subcommittee pursuant to subsection 6, the state board shall hold a meeting to consider the recommendation of the subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The state board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The state board may also consider the factors set forth in subsection 2. If the proposed charter school is designed exclusively for the enrollment of pupils with disabilities, the state board shall make a specific determination whether the proposed operation of the charter school complies with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant.
8. If the state board denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the [board of trustees,] state board, appeal the final determination to the district court of the county in which the proposed charter school will be located.
Sec. 12. NRS 386.527 is hereby amended to read as follows:
386.527 1. [Except as otherwise provided in subsection 3, if] If the state board or the boardof trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The state board or the board of trustees , as applicable, 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] If the board of trustees [that] approves the application , the board of trustees shall be deemed the sponsor of the charter school. [A] If the state board approves the application:
(a) The state board shall be deemed the sponsor of the charter school.
(b) Neither the State of Nevada, the state board nor the department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.
2. Except as otherwise provided in subsection 4, 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.] 3. 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. Such an amendment may include, without limitation, the provision of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels that were specified in its application if the charter school specified grade levels in its application, regardless of whether the addition of such grade levels expands the scope of the school. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 4 to 7, inclusive, of this act, and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.
[3. If the board of trustees of a school district is considering an application to form a charter school and determines that the applicant is not yet eligible for the issuance of a charter pursuant to subsection 1, it may, if applicable, hold the application in abeyance and grant a conditional charter to the applicant if the applicant:
(a) Has not obtained a building, equipment or personnel for the charter school; and
(b) Submits proof satisfactory to the entity which is considering the application that acceptance of the application is necessary to obtain the building, equipment or personnel for the charter school.
The board of trustees of a school district that grants a conditional charter pursuant to this subsection shall provide written notice to the state board of its action.
4. A conditional charter expires 1 year after its issuance and is nonrenewable. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school. Before the expiration of a conditional charter, the holder of the conditional charter may submit a supplemental application and request the board of trustees that granted the conditional charter to determine whether the holder is eligible for the issuance of a charter pursuant to subsection 1. The board of trustees shall consider such a request as soon as is practicable.]
4. The state board shall adopt objective criteria for the issuance of a written charter to an applicant that is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:
(a) Period for which such a written charter is valid; and
(b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.
5. The holder of a written charter that is issued pursuant to subsection 4 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the objective criteria prescribed by the state board are satisfied. This subsection does not preclude a holder of such a written charter from applying for grants of money to prepare the charter school for operation.
Sec. 13. NRS 386.540 is hereby amended to read as follows:
386.540 1. The department shall adopt regulations that prescribe:
(a) The process for submission of an application by the board of trustees of a school district to the department for authorization to sponsor charter schools and the contents of the application;
(b) The process for submission of an application to form a charter school to the department [and to] , the board of trustees of a school district [,] and the subcommittee on charter schools, and the contents of the application;
(c) The process for submission of an application to renew a written charter; and
(d) The criteria and type of investigation that must be applied by the board of trustees , the subcommittee on charter schools and the state board in determining whether to approve an application to form a charter school or an application to renew a written charter.
2. The department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 7, inclusive, of this act, including, without limitation, regulations that prescribe the procedures for accounting, budgeting and annual audits of charter schools.
Sec. 14. NRS 386.549 is hereby amended to read as follows:
386.549 1. The governing body of a charter school shall consist of at least three teachers, as defined in NRS 391.311, and may consist of, without limitation, parents and representatives of nonprofit 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 shall 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.
Sec. 15. NRS 386.550 is hereby amended to read as follows:
386.550 A charter school shall:
1. Comply with all laws and regulations relating to discrimination and civil rights.
2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
5. Comply with the provisions of chapter 241 of NRS.
6. Except as otherwise provided in this subsection, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this subsection. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:
(a) Extenuating circumstances exist to justify the waiver; and
(b) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.
7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 and the examinations required pursuant to NRS 389.550 to the pupils who are enrolled in the charter school.
8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
9. Provide instruction in the core academic subjects set forth in subsection 1 of 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] study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
10. Except as otherwise provided in section 4 of this act, if applicable to the grade levels of pupils who are enrolled in the charter school, require the pupils to complete the requirements for graduation from a public high school and receipt of a high school diploma that are required of the other pupils who are enrolled in the public high schools of the school district in which the charter school is located.
11. If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at the charter school, comply with NRS 392.040 regarding the ages for enrollment in those grades.
12. Refrain from using public money to purchase real property or buildings without the approval of the sponsor.
[11.] 13. 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.] 14. 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.] 15. 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.
16. If the charter school provides a program of distance education pursuant to sections 31 to 44, 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, regardless of whether those statutes and regulations impose additional requirements upon the charter school.
Sec. 16. 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 sections 31 to 44, inclusive, 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. 17. 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. All money received by the charter school from this state or the board of trustees of a school district must be deposited in a bank, credit union or other financial institution in this state.
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 for 1 school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school, if the board of trustees sponsors the charter school, or to the department if the state board sponsors 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] 6 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. If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.
6. 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. The state board may assist a charter school that operates exclusively for the enrollment of pupils with disabilities or gifted and talented pupils, or both, in identifying sources of money that may be available from the Federal Government or this state for the provision of educational programs and services to such pupils.
[5.] 7. 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. 18. NRS 386.580 is hereby amended to read as follows:
386.580 1. An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
2. Except as otherwise provided in subsection [4,] 6, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
of a pupil.
3. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.
4. Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or who receives instruction at home, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school 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 governing body that the child is qualified to participate in the class or extracurricular activity.
If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. The provisions of this subsection do not apply to a child who desires to participate on a part-time basis in a program of distance education provided by the governing body of a charter school pursuant to sections 31 to 44, inclusive, of this act.
5. The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 4 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.
6. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:
(a) With disabilities;
(b) Who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation; or
(c) Who are at risk.
If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
Sec. 19. 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.
A licensed teacher may be employed pursuant to this paragraph to teach a course of study, regardless of whether he holds an endorsement in a subject area related to that course of study only if the charter school complies with paragraph (c).
(c) In addition to the requirements of paragraphs (a) and (b)[:] , for each course of study identified in paragraph (b), at least one licensed teacher who holds an endorsement in a subject area related to that course of study. A teacher employed pursuant to this paragraph may provide instruction in the course of study for which he holds an endorsement or may supervise the instruction in that course of study provided by other licensed teachers who do not hold such an endorsement, or both.
(d) In addition to the requirements of paragraphs (a), (b) and (c):
(1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.
(2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.
(3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.
3. [A] Except as otherwise provided in subsection 4, 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 enter into contracts to provide instruction at the charter school with teachers, professors and instructors who are currently employed at a university or community college within the University and Community College System of Nevada or any other accredited college or university that was originally established in, and organized under, the laws of this state. A person who enters into a contract pursuant to this subsection must provide instruction at the charter school in the subject area for which he is currently employed at the university or college.
5. 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.] 6. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.
Sec. 20. 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.] , regardless of the sponsor of the charter school. 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. This subsection does not preclude the employees of a charter school from negotiating individual contracts of employment.
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] in which a charter school is located 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. 21. NRS 386.605 is hereby amended to read as follows:
386.605 1. On or before [April 15] January 1 of each year, the governing body of each charter school shall submit the information concerning the charter school that is [contained in the report] required pursuant to subsection 2 of NRS 385.347 to the [:
(a) Governor;
(b) State board;
(c) Department;
(d) Legislative committee on education created pursuant to NRS 218.5352; and
(e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.] board of trustees of the school district in which the charter school is located, regardless of the sponsor of the charter school, for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.
2. On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body that is contained in the report pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.
3. On or before June 15 of each year, the governing body of each charter school shall:
(a) Prepare:
(1) A separate written report summarizing the effectiveness of the charter school’s program of accountability. The report must include:
(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based; and
(II) The identification of any problems or factors at the charter school that are revealed by the review and analysis.
(2) A written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.
(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:
(1) Governor;
(2) State board;
(3) Department;
(4) Legislative committee on education created pursuant to NRS 218.5352; [and]
(5) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 [.] ; and
(6) Board of trustees of the school district in which the charter school is located.
4. The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.
5. The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the charter school adopted by the governing body of the charter school pursuant to the regulations of the department.
6. The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.
Sec. 22. NRS 386.610 is hereby amended to read as follows:
386.610 1. On or before July 1 of each year, if the board of trustees of a school district [that] sponsors a charter school , the board of trustees shall submit a written report to the state board. The written report must include an evaluation of the progress of each charter school sponsored by the board of trustees in achieving its educational goals and objectives.
2. The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the [board of trustees of the school district that is the] sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the department, the [board of trustees] sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.
Sec. 23. NRS 386.650 is hereby amended to read as follows:
386.650 1. The department shall establish and maintain a statewide automated system of information concerning pupils. The system must be designed to improve the ability of the department, school districts and the public schools in this state , including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools[.] , including, without limitation, charter schools.
2. The board of trustees of each school district shall:
(a) Adopt and maintain the program for the collection, maintenance and transfer of data from the records of individual pupils to the statewide automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;
(b) Provide to the department electronic data concerning pupils as required by the superintendent of public instruction pursuant to subsection 3; and
(c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.
3. The superintendent of public instruction shall:
(a) Prescribe the data to be collected and reported to the department by each school district pursuant to subsection 2[;] , including, without limitation, data relating to each charter school located within a school district regardless of the sponsor of the charter school;
(b) Prescribe the format for the data;
(c) Prescribe the date by which each school district shall report the data;
(d) Prescribe the date by which each charter school located within a school district shall report the data to the school district for incorporation into the report of the school district;
(e) Provide technical assistance to each school district to ensure that the data from each public school in the school district , including, without limitation, each charter school located within the school district, is compatible with the statewide automated system of information and comparable to the data reported by other school districts; and
[(e)] (f) Provide for the analysis and reporting of the data in the statewide automated system of information.
Sec. 24. NRS 386.655 is hereby amended to read as follows:
386.655 1. The department, the school districts and the public schools , including, without limitation, charter schools, shall, in operating the statewide automated system of information established pursuant to NRS 386.650, comply with the provisions of:
(a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and
(b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.
2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school , including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.
3. In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the school district in which the charter school is located such information as is necessary for the school district to carry out the provisions of this subsection, regardless of the sponsor of the charter school.
4. The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.
5. As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).
Sec. 25. 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 not included under paragraph (a) or (b) who reside in the county and are enrolled full time in a program of distance education provided by another school district if an agreement is filed with the superintendent of public instruction pursuant to section 39 of this act.
(e) Pupils not included under paragraph (a) or (b) 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 39 or 40 of this act, as applicable.
(f) 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)] (g) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560 [.] and pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.580.
[(f)] (h) Pupils who are enrolled in classes pursuant to subsection 3 or 5 of NRS 392.070.
[(g)] (i) 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).] , (g) and (h).
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 31 to 44, inclusive, of this act.
Sec. 26. 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 reside in the county and are enrolled:
(I) Full time in a program of distance education provided by the school district or a charter school on the last day of the first school month of the school district for the school year.
(II) Full time in a program of distance education provided by another school district if an agreement is filed with the superintendent of public instruction pursuant to section 39 of this act on the last day of the first school month of the school district for the school year.
(III) 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 39 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).
(IV) 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 40 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).
(4) The count of pupils not included under subparagraph (1) , [or] (2) or (3) 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)] (5) 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)] (6) 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)] (7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560 , subsection 4 of NRS 386.580 or subsection 3 or 5 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. 27. 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 and 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. [The] Except as otherwise provided in subsection 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 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. Except as otherwise provided in this subsection, the apportionment to a charter school that is sponsored by the state board, computed on a yearly basis, is equal to:
(a) 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; or
(b) The statewide average per pupil amount for pupils who are enrolled full time,
whichever is greater. If the calculation set forth in paragraph (a) is less than the calculation pursuant to paragraph (b), the school district in which the charter school is located shall pay the difference directly to the charter school. If a charter school provides a program of distance education pursuant to sections 31 to 44, inclusive, of this act, the apportionment to the charter school for pupils who are enrolled in the program must be calculated as set forth in subsection 1 or 4, as applicable.
3. In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district that provides a program of distance education for each pupil enrolled full time in the program who does not reside within the school district that provides the program if an agreement is filed for that pupil pursuant to section 39 of this act. The amount of the apportionment must be equal to the amount per pupil which would have been received pursuant to subsection 1 by:
(a) The school district in which the pupil resides; or
(b) The school district that provides the program of distance education if the pupil resided within that school district,
whichever is less. If the amount of the apportionment made pursuant to this subsection for a pupil who is enrolled full time in a program of distance education is less than the amount per pupil which would have been received by the school district in which the pupil resides, the remainder must be paid directly to the school district in which the pupil resides.
4. 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 39 or 40 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.
5. 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 child who is enrolled in a private school or receives instruction at home who participates in a class offered through a program of distance education pursuant to subsection 5 of NRS 392.070. 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.
6. 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.] 7. 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. 28. 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)] (7) 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)] to (f), inclusive, 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. 29. 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] 6 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. 30. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 31 to 44, inclusive, of this act.
Sec. 31. As used in sections 31 to 44, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 32, 33 and 34 of this act have the meanings ascribed to them in those sections.
Sec. 32. “Course of distance education” means a course of study that uses distance education as its primary mechanism for delivery of instruction.
Sec. 33. “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. 34. “Program of distance education” means a program comprised of one or more courses of distance education 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. Are excused from compulsory attendance pursuant to NRS 392.070 and are authorized to enroll in a program of distance education pursuant to that section.
6. Would otherwise be excused from compulsory attendance pursuant to NRS 392.080.
7. 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.
8. Are otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil.
9. Are otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the sponsor of the charter school determines that the circumstances warrant enrollment for the pupil.
Sec. 35. 1. The department shall prepare and publish a list of courses of distance education that satisfy the requirements of sections 31 to 44, inclusive, of this act, and all other applicable statutes and regulations. If an application to provide a program of distance education is approved pursuant to section 36 of this act, the department shall automatically include on the list each course of study included within that program if the course of study had not been approved pursuant to this section before submission of the application to provide the program.
2. A person or entity that has developed a course of distance education, including, without limitation, a vendor of a course of distance education, the University and Community College System of Nevada or other postsecondary educational institution, a board of trustees of a school district or a governing body of a charter school, may submit an application for inclusion of the course on the list prepared by the department. The department shall approve an application if the application satisfies the requirements of sections 31 to 44, inclusive, of this act and all other applicable statutes and regulations. The department shall provide written notice to the applicant of its approval or denial of the application.
3. If the department denies an application, the department shall include in the written notice the reasons for the denial and the deficiencies of 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. The department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 31 to 44, inclusive, of this act and all other applicable statutes and regulations.
Sec. 36. 1. The board of trustees of a school district or the governing body of a charter school may submit an application to the state board to provide a program of distance education.
2. An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the department pursuant to section 35 of this act or a program that is comprised of one or more courses of distance education which have not been reviewed by the department before submission of the application.
3. An application to provide a program of distance education must include:
(a) All the information prescribed by the state board by regulation.
(b) Except as otherwise provided in this paragraph, proof satisfactory to the state board that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the department pursuant to section 35 of this act before submission of the application.
4. The state board shall approve an application submitted pursuant to this section if the application satisfies the requirements of sections 31 to 44, inclusive, of this act and all other applicable statutes and regulations. The state board shall provide written notice to the applicant of the state board’s approval or denial of the application.
5. If the state board denies an application, the state board shall include in the written notice the reasons for the denial and the deficiencies of 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. The state board shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 31 to 44, inclusive, of this act and all other applicable statutes and regulations.
Sec. 37. A program of distance education may include, without limitation, an opportunity for pupils to participate in the program:
1. For a shorter school day or a longer school day than that regularly provided for in the school district or charter school, as applicable; and
2. During any part of the calendar year.
Sec. 38. 1. A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:
(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 that 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) Is excused from compulsory attendance pursuant to NRS 392.070 and is authorized to enroll in a program of distance education pursuant to that section;
(f) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;
(g) 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;
(h) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil; or
(i) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the sponsor of the charter school determines that the circumstances warrant enrollment for the pupil.
2. 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.
3. 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 to take those advanced courses that are not offered at the public school he otherwise attends.
Sec. 39. 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. 40. 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 school 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. 41. 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 one 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. Except for a pupil who is enrolled part time in a program of distance education pursuant to NRS 392.070, 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. 42. 1. If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the 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. If the governing body of a charter school provides a program of distance education, the governing body shall:
(a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will
be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.
(b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:
(1) Graduation requirements;
(2) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;
(3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
(4) Discipline of pupils.
Sec. 43. On or before November 1 of each year, the board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall submit to the department and to the legislative bureau of educational accountability and program evaluation a written report that contains a summary of the program for the immediately preceding school year which includes, without limitation:
1. A description of the manner in which the program was carried out;
2. The expenditures made for the program;
3. The number of pupils who were enrolled full time in the program and the number of pupils who were enrolled part time in the program;
4. If available, a description of the reasons why pupils enrolled in the program;
5. The number of pupils who dropped out of the program, if any;
6. A description of any disciplinary measures taken against pupils who were enrolled in the program; and
7. An analysis of the academic achievement and performance of the pupils who were enrolled in the program before and after the pupils participated in the program.
Sec. 44. 1. The state board shall adopt regulations that prescribe:
(a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the department pursuant to section 35 of this act and the contents of the application;
(b) 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;
(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 state board 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 31 to 44, inclusive, of this act.
Sec. 45. 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 31 to 44, 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. 46. 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 31 to 44, inclusive, of this act.
Sec. 47. 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 31 to 44, inclusive, of this act.
Sec. 48. NRS 389.017 is hereby amended to read as follows:
389.017 1. The state board shall [prescribe] adopt 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 31 to 44, 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. 49. NRS 389.155 is hereby amended to read as follows:
389.155 1. The state board shall, by regulation, establish a program pursuant to which a pupil enrolled full time in high school may complete any required or elective course by independent study outside of the normal classroom setting. A program of independent study provided pursuant to this section may be offered through a program of distance education pursuant to sections 31 to 44, inclusive, of this act.
2. The regulations must require that:
(a) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and
(b) The pupil and teacher meet or otherwise communicate with each other at least once each week during the course to discuss the pupil’s progress.
3. The board of trustees in each school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by pupils enrolled full time in high schools in its district. A board of trustees that chooses to allow such study may provide that:
(a) The pupils participating in the independent study be given instruction individually or in a group.
(b) The independent study be offered during the regular school day.
Sec. 50. 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 31 to 44, 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. 51. 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 31 to 44, 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. 52. 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 (e), inclusive, (g) and (h) 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. 53. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.
2. A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:
(a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,
and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.
4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
6. A child who is 7 years of age on or before September 30 of a school year must:
(a) If he has completed kindergarten and the first grade, be admitted to the second grade.
(b) If he has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.
The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before September 30 of the next school year; and
(b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,
to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8. A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
9. As used in this section, “kindergarten” includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; [and]
(b) A kindergarten established by the governing body of a charter school; and
(c) An authorized program of instruction for kindergarten offered in a child’s home pursuant to NRS 388.060.
Sec. 54. 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 subsection 5 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.
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 board of trustees of a school district or the governing body of a charter school that provides a program of distance education pursuant to sections 31 to 44, inclusive, of this act shall, 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, authorize the child to participate in a class offered through the program of distance education that is not available to the child at the private school or home school or to participate in an extracurricular activity offered through the program of distance education 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 or governing body, as applicable, that the child is qualified to participate in the class or extracurricular activity.
If the board of trustees or governing body, as applicable, authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the board of trustees or governing body is not required to provide transportation for the child to participate in the class or activity.
6. If the board of trustees of a school district other than the school district in which a child resides or the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to subsection 5, the board of trustees or governing body, as applicable, shall provide written notice of the authorization to the board of trustees of the school district in which the child resides. Upon receipt of the written notice, the board of trustees of the school district in which the child resides shall enter into a written agreement with the board of trustees or governing body that provides the program of distance education. A separate agreement must be prepared for each year that a child participates in a class or extracurricular activity offered through 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 child resides indicating that the board of trustees understands that the child will be included in the calculation of basic support for the school district pursuant to subparagraph (7) of paragraph (a) of subsection 1 of NRS 387.1233 and 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 child’s enrollment in the program of distance education;
(b) Contain a statement prepared by the board of trustees of the school district in which the child 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 child 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 child resides and the board of trustees or governing body, as applicable, that provides the program of distance education; and
(d) Include any other information required by the state board by regulation.
7. On or before September 1 of each year, a written agreement must be filed with the superintendent of public instruction for each child who participates in a program of distance education pursuant to subsection 5. The superintendent of public instruction shall apportion money for that child in accordance with subsection 4 of NRS 387.124 regardless of whether an agreement has been filed as required by this section if the child was included in the count for basic support pursuant to NRS 387.1233.
8. The board of trustees of a school district or the governing body of a charter school, as applicable, may revoke its approval for a child to participate in a class or extracurricular activity pursuant to subsection 5 if the board of trustees or governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the board of trustees or governing body revokes its approval, neither the board of trustees or governing body, as applicable, nor the program of distance education is liable for any damages relating to the denial of services to the child.
9. 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.] 10. 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.] 11. As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401(22).
Sec. 55. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. All real and personal property that is leased or rented to a charter school is hereby deemed to be used for an educational purpose and is exempt from taxation. If the property is used partly for the lease or rental to a charter school and partly for other purposes, only the portion of the property that is used for the lease or rental to a charter school is exempt pursuant to this subsection.
2. To qualify for an exemption pursuant to subsection 1, the property owner must provide the county assessor with a copy of the lease or rental agreement indicating that:
(a) The property is leased or rented to the charter school; and
(b) The amount of payment required by the charter school pursuant to the agreement is reduced in an amount which is at least equal to the amount of the tax that would have been imposed if the property were not exempt pursuant to subsection 1.
Sec. 56. NRS 361.065 is hereby amended to read as follows:
361.065 All lots, buildings and other school property owned by any legally created school district or charter school within the state and devoted to public school purposes are exempt from taxation.
Sec. 57. 1. The department of education shall transfer from the state distributive school account to the fund for charter schools created by section 5 of this act, the sum of $100,000.
2. The department shall use the money transferred pursuant to subsection 1 to make loans to charter schools pursuant to sections 5, 6 and 7 of this act.
Sec. 58. 1. There is hereby appropriated from the state general fund to the legislative fund the sum of $10,000 for use by the legislative bureau of educational accountability and program evaluation to hire a consultant to conduct case study evaluations of charter schools within this state.
2. The consultant hired by the bureau shall conduct on-site evaluations of not more than eight charter schools within this state selected by the bureau for evaluation. On or before February 1, 2003, the consultant shall submit a written report to the bureau that includes for each charter school which was evaluated:
(a) A description of the charter school;
(b) A description of the academic achievement and progress of pupils who are enrolled in the charter school;
(c) A description of the demographics of the pupils who are enrolled in the charter school;
(d) An overview of the curriculum for each grade level taught at the charter school;
(e) A description of the system of governance of the charter school, including, without limitation, an explanation of the process by which decisions are made;
(f) A description of the financial plan for the charter school;
(g) An identification and evaluation of the accomplishments of the charter school;
(h) An identification and evaluation of the factors that hindered the progress of the charter school in achieving the academic or educational results set forth in its application to form a charter school;
(i) A summary of the practices of the charter school that offer an example for other charter schools within this state; and
(j) Any recommendations for legislation based upon the results of the evaluation.
3. The bureau shall submit a copy of the written evaluation, including any recommendations for legislation, to the 72nd session of the Nevada legislature.
Sec. 59. 1. Except as otherwise provided in an act apportioning the state distributive school account, the state board of education shall allocate in each fiscal year of the 2001-2003 biennium to charter schools whose enrollment includes pupils who receive special education, not fewer than 5 special education program units that it is otherwise required to reserve. A charter school must apply to the department of education for an allocation of special education program units pursuant to this subsection.
2. Any unused allocations of the special education program units reserved for charter schools pursuant to subsection 1 may be reallocated by the superintendent of public instruction to school districts.
Sec. 60. Notwithstanding the amendatory provisions of this act, the board of trustees of a school district that has entered into a written charter with a charter school before July 1, 2001, shall continue to sponsor the charter school for the duration of the charter. The governing body of a charter school may submit a written request for an amendment of the written charter of the charter school in accordance with the amendatory provisions of this act. If the proposed amendment complies with NRS 386.500 to 386.610, inclusive, and sections 4 to 7, inclusive, of this act, and any other statutes applicable to charter schools, the sponsor of the charter school shall amend the written charter in accordance with the proposed amendment.
Sec. 61. The state board of education shall consider sponsorship of charter schools in accordance with the amendatory provisions of section 11 of this act for schools that will commence operation during or after the 2002‑2003 school year.
Sec. 62. 1. On or before December 1, 2001, the state board of education shall submit a draft of the regulations required by section 44 of this act to the legislative committee on education for the review and comment of the committee.
2. On or before February 1, 2002, the legislative committee on education shall review the draft regulations and provide comment to the state board.
3. On or before April 1, 2002, the state board shall adopt final regulations required by section 44 of this act.
Sec. 63. The state board of education shall accept applications to provide programs of distance education in accordance with section 36 of this act for programs that will commence operation with the 2002-2003 school year. If any deadlines contained within the regulations adopted by the state board pursuant to section 44 of this act prohibit a school district or charter school from submitting an application for the 2002-2003 school year, the state board shall grant a shorter period of time for the school district or charter school to submit an application for the 2002-2003 school year notwithstanding the provisions of those regulations.
Sec. 64. If a school district provides, before the effective date of this act, a program that includes distance education in accordance with all applicable statutes and regulations, the school district may continue to offer that program for the 2001-2002 school year if the school district provides written notice to the state board of education on or before July 1, 2001. After the 2001-2002 school year, the school district must comply with sections 31 to 44, inclusive, of this act, if it desires to continue the program.
Sec. 65. The department of education shall provide the financial support necessary for the school districts and charter schools to incorporate charter schools into the statewide automated system of information concerning pupils pursuant to the amendatory provisions of sections 23 and 24 of this act.
Sec. 66. 1. This section and sections 3 to 22, inclusive, 35, 44, 53 and 55 to 65, inclusive, of this act become effective on July 1, 2001.
2. Sections 1, 2, 25 to 34, inclusive, 36 to 43, inclusive, 45 to 52, inclusive, and 54 of this act become effective on July 1, 2002.
3. Sections 23 and 24 of this act become effective on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; creating the fund for charter schools; providing for the sponsorship of charter schools by the state board of education; making certain provisions related to collective bargaining applicable to charter schools and their employees; revising provisions governing the formation, operation and personnel of charter schools; authorizing the boards of trustees of school districts and the governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board to adopt regulations prescribing the requirements of programs of distance education; revising the 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; providing that certain property of charter schools and certain property leased or rented to charter schools is exempt from taxation; making appropriations; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing education. (BDR 34‑382)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senators Washington, Coffin and Rawson.
Amendment adopted.
Senator Washington moved that Senate Bill No. 292 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Washington.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 391.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 611.
Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 397 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Western Interstate Commission for Higher Education scholarship trust fund is hereby created, to be administered by the three commissioners from the State of Nevada, acting jointly. The commissioners may accept gifts, grants, bequests and donations for deposit in the fund. All money received from persons who are required to repay a scholarship pursuant to subsection 5 must be deposited in the fund.
2. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.
3. The money in the fund must be used solely to provide scholarships to students who are certified to study to practice in a profession which could benefit an underserved area of this state. Within the limits of money available in the fund, each year at least:
(a) Five scholarships must be awarded for the nursing profession;
(b) Five scholarships must be awarded for the mental health profession; and
(c) Five scholarships must be awarded for the teaching profession.
The three commissioners from the State of Nevada, acting jointly, may award additional scholarships to persons in other professions which could benefit an underserved area of this state.
4. As a condition for receipt of a scholarship, a student must agree to practice for at least 1 year in an underserved area of this state in the profession in which he is certified to study. The terms and conditions of the scholarship, including, without limitation, the terms and conditions for repayment of the scholarship, must be set forth in a contract between the student and the grantor.
5. If a student who receives a scholarship does not practice for at least 1 year in an underserved area of this state in the profession in which he was certified to study, the student shall repay the scholarship subject to the terms and conditions prescribed pursuant to subsection 6.
6. The three commissioners from the State of Nevada, acting jointly:
(a) Shall adopt regulations that prescribe the terms and conditions for repayment of a scholarship if a student fails to practice for at least 1 year in an underserved area of this state in the profession in which he was certified to study.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
7. As used in this section, “profession which could benefit an underserved area in this state” includes, without limitation, nursing, mental health and teaching.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Western Interstate Commission for Higher Education scholarship trust fund created pursuant to section 1 of this act for the 2002-2003 fiscal year, the sum of $75,000.
2. The three commissioners from the State of Nevada, acting jointly, shall use the money appropriated by subsection 1 to provide scholarships to students pursuant to section 1 of this act.
Sec. 3. 1. This section becomes effective on July 1, 2001.
2. Section 1 of this act becomes effective on July 1, 2001, for the purpose of adopting regulations and on July 1, 2002, for all other purposes.
3. Section 2 of this act becomes effective on July 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; creating the Western Interstate Commission for Higher Education scholarship trust fund; providing for the award of scholarships from the fund to certain students; making an appropriation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Creates Western Interstate Commission for Higher Education scholarship trust fund (BDR 34‑282)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Senator Raggio moved that Senate Bill No. 391 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Raggio.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Senate Bill No. 417 be moved to the Second Reading File on the second agenda.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that Senate Bill No. 305 be moved to the General File on the second agenda.
Remarks by Senator Rawson.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 238.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 208.
Amend the bill as a whole by deleting sections 1 through 47 and adding new sections designated sections 1 through 31, following the enacting clause, to read as follows:
“Section 1. Chapter 375 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. Section 3 of this act may be cited as the Taxpayers’ Bill of Rights for Taxes on the Transfer of Real Property.
Sec. 3. 1. The legislature hereby declares that each taxpayer has the right:
(a) To be treated by officers and employees of the county recorder with courtesy, fairness, uniformity, consistency and common sense.
(b) To a prompt response from the county recorder to each communication from the taxpayer.
(c) To provide the minimum documentation and other information as may reasonably be required by the county recorder to carry out his duties.
(d) To be notified, in writing, by the county recorder whenever an officer or employee of the county recorder determines that the taxpayer is entitled to an exemption or has been taxed more than is required pursuant to this chapter.
(e) To written instructions indicating how the taxpayer may petition for a refund for overpayment of real property transfer tax, interest or penalties.
(f) To recover an overpayment of real property transfer tax promptly upon the final determination of such an overpayment.
(g) To obtain specific advice from the county recorder concerning real property transfer tax.
(h) In any meeting with the county recorder, including an audit, conference, interview or hearing:
(1) To an explanation by an officer, agent or employee of the county recorder that describes the procedures to be followed and the rights of the taxpayer thereunder;
(2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the county recorder;
(3) To make an audio recording using the taxpayer’s equipment and at the taxpayer’s expense; and
(4) To receive a copy of any document or audio recording made by or in the possession of the county recorder relating to the determination or collection of any tax for which the taxpayer is assessed pursuant to this chapter, upon payment of the actual cost to the county recorder of making the copy.
(i) To a full explanation of the authority of the county recorder to collect the real property transfer tax or to collect delinquent real property transfer tax, including, without limitation, the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the county.
(j) To the immediate release of any lien which the county recorder has placed on real property for the nonpayment of the real property transfer tax when:
(1) The tax is paid;
(2) The period of limitation for collecting the tax expires;
(3) The lien is the result of an error by the county recorder;
(4) The county recorder determines that the taxes, interest and penalties are secured sufficiently by a lien on other real property;
(5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties; or
(6) The release of the lien will facilitate the collection of the taxes, interest and penalties.
(k) To be free from harassment and intimidation by an officer or employee of the county recorder for any reason.
2. The provisions of this chapter governing the administration and collection of taxes by the county recorder must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.
3. The provisions of this section apply to the administration and collection of taxes pursuant to this chapter.
Sec. 4. The county recorder shall cause:
1. To be prepared in simple nontechnical terms a pamphlet setting forth the Taxpayers’ Bill of Rights for Taxes on the Transfer of Real Property.
2. A copy of the pamphlet to be distributed:
(a) To each taxpayer upon request; and
(b) With each notice to a taxpayer that an audit will be conducted by the county recorder.
Sec. 5. The county recorder shall provide each taxpayer who it determines may be liable for taxes pursuant to this chapter with simplified written instructions concerning the rights and responsibilities of the taxpayer, including the:
1. Keeping of records sufficient for audit purposes;
2. Procedures for paying the real property transfer tax; and
3. Procedures for challenging any liability for real property transfer tax, penalties or interest and for requesting refunds of erroneously paid real property transfer tax, including the steps for appealing a denial thereof.
Sec. 6. The county recorder shall provide a taxpayer with a response to any written request submitted by the taxpayer that relates to a real property transfer tax within 30 days after it receives the request.
Sec. 7. A taxpayer is entitled to receive on any overpayment of the real property transfer tax a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest on the real property transfer tax that is paid by a taxpayer.
Sec. 8. With regard to the administration of the real property transfer tax, the county recorder shall apply the following principles:
1. Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.
2. In cases where another authority, such as the United States or this state, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the county must be as nearly compatible with the collection of the other taxes as is feasible.
3. Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayer’s liability as predictable as is feasible.
4. Exemptions or waivers, where permitted by statute, must be granted:
(a) Equitably among eligible taxpayers; and
(b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax.
Sec. 9. If an officer or employee of the county recorder determines that a taxpayer is entitled to an exemption or has been taxed more than is required by law, he shall give written notice of that determination to the taxpayer. The notice must:
1. Be given within 30 days after the officer or employee makes his determination or, if the determination is made as a result of an audit, within 30 days after the completion of the audit; and
2. If appropriate, include instructions indicating the manner in which the taxpayer may petition for a refund of any overpayment.
Sec. 10. The county recorder shall:
1. Conduct and apply audits and other procedures for enforcement as uniformly as is feasible.
2. Collect real property transfer tax due in an equitable manner, so that every taxpayer pays the full amount imposed by law.
Sec. 11. 1. The county recorder may audit all records relating to the collection and calculation of the real property transfer tax. If the county recorder deems it necessary to conduct an audit, the audit must be completed within 3 years after the date of the original recording of the document that evidences the transfer of property for which the tax was imposed.
2. The county recorder may issue subpoenas to require the production of documents necessary for him to determine the amount of real property transfer tax due pursuant to this chapter or to determine whether a person qualifies for an exemption from taxes pursuant to this chapter. The county recorder may have the subpoenas served, and upon application of the district attorney, to any court of competent jurisdiction, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
Sec. 12. 1. If an audit is conducted by the county recorder pursuant to the provisions of this chapter, the date on which the audit will be completed must be included in the notice to the taxpayer that the audit will be conducted.
2. The date on which the audit will be completed may be extended by the county recorder if the county recorder gives prior written notice of the extension to the taxpayer. The notice must include an explanation of the reason or reasons that the extension is required.
3. If, after the audit, the county recorder determines that delinquent taxes are due, interest and penalties may not be imposed for the period of the extension if the taxpayer did not request the extension or was not otherwise the cause of the extension.
Sec. 13. 1. The county recorder may waive any real property transfer tax, penalty and interest owed by the taxpayer if the taxpayer meets the criteria adopted by regulation. If a waiver is granted pursuant to this subsection, the county shall prepare and maintain on file a statement that contains:
(a) The reason for the waiver;
(b) The amount of the tax, penalty and interest owed by the taxpayer; and
(c) The amount of the tax, penalty and interest waived by the county.
2. If the county recorder or a designated hearing officer finds that the failure of a person to make a timely payment of the real property transfer tax imposed is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent to avoid such payment, the county recorder may relieve him of all or part of any interest or penalty or both.
3. If a person proves to the satisfaction of the county recorder that he has in good faith remitted the real property transfer tax in reliance upon written advice provided by an officer or employee of the county recorder, an opinion of the district attorney or attorney general, or the written results of an audit of his records conducted by the county recorder, the county recorder may not require the taxpayer to pay delinquent taxes, penalties or interest if the county recorder determines after the completion of a subsequent audit that the taxes the taxpayer remitted were deficient.
Sec. 14. Any amount determined to be refundable by the county recorder after an audit must be refunded to the taxpayer. If it is not possible to determine who paid the tax, the refund must be split equally between the seller and buyer.
Sec. 15. 1. After reviewing a petition for a refund, the county recorder or his designee shall approve or disapprove the refund. If the county recorder approves the refund, he shall grant the refund to the taxpayer.
2. If the county recorder denies a refund, the petitioner may file a written notice of appeal to the county recorder within 45 days after the date the county recorder decides to deny the petition. If notice is not received by the county commissioner within 45 days after his decision to deny the petition, the decision of the county recorder is final.
3. If the county recorder receives a timely notice of appeal pursuant to subsection 2, he shall set a date for a hearing before a hearing officer and notify the parties of the date, place and time of the hearing.
Sec. 16. 1. Any person who is aggrieved by a decision of the county recorder made pursuant to this chapter may appeal the decision by filing a notice of appeal with the county recorder within 30 days after service of the decision upon that person.
2. A hearing officer, appointed by the county, may review any decision made by the county recorder and may reverse, affirm or modify any decision of the county recorder. A hearing officer appointed pursuant to this section must not be an employee of the county recorder’s office. A decision of a hearing officer is a final decision for purposes of judicial review.
3. Service of a decision made by the county recorder or a hearing officer pursuant to this chapter must be made personally or by certified mail. If service is made by certified mail:
(a) The decision must be enclosed in an envelope that is addressed to the taxpayer at his address as it appears on the declaration of value or in the records of the county.
(b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.
4. All decisions of the county recorder made pursuant to this chapter are final unless appealed.
5. A county recorder or local government that is a party and is aggrieved by the decision of the hearing officer may seek judicial review of the decision in the district court of that county.
Sec. 17. In an action relating to a tax imposed pursuant to this chapter, process must be served:
1. In accordance with the requirements for service of process set forth in the Nevada Rules of Civil Procedure; or
2. By serving both the buyer and the seller at their place of residence in this state or their last known address.
Sec. 18. A certificate by the county recorder stating that real property has been released from a lien imposed pursuant to this chapter is conclusive evidence that the property has been released.
Sec. 19. 1. The amounts, including interest and penalties, required to be paid by any person pursuant to this chapter must be satisfied first if:
(a) The person is insolvent;
(b) The person makes a voluntary assignment of his assets;
(c) The estate of the person in the hands of executors, administrators or heirs, before distribution, is insufficient to pay all the debts due from the deceased; or
(d) The estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.
2. This section does not give the county recorder a preference over:
(a) Any recorded lien that attached before the date when the amounts required to be paid became a lien; or
(b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred pursuant to federal law or wages as provided in NRS 150.220.
Sec. 20. 1. The county or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent tax that is administered pursuant to this chapter:
(a) Within 3 years after the person is delinquent in the payment of the tax; or
(b) Within 5 years after the last recording of a certificate copy constituting a lien for the tax.
2. The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.
3. The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.
Sec. 21. The county may pay or advance to the sheriff or constable the same fees, commissions and expenses for acting upon the warrant as are provided by law for acting upon a writ of execution. The county must approve the fees for publication in a newspaper. Approval from a court is not required for the publication.
Sec. 22. 1. If a person is delinquent in the payment of the real property transfer tax or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:
(a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to section 16 of this act.
(b) Must be brought not later than 3 years after the payment became delinquent or the determination became final.
2. The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trails and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.
3. In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:
(a) The determination of the tax or the amount of the tax;
(b) The delinquency of the amounts; and
(c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.
Sec. 23. The lien may, within 5 years after the date of the judgment or within 5 years after the last extension of the lien in a manner provided in this chapter, be extended by recording in the office of the county recorder a certified copy of the judgment, and from the time of that recording, the lien must be extended upon the property in that county for 5 years unless sooner released or otherwise discharged.
Sec. 24. 1. If any real property transfer tax imposed pursuant to this chapter is not paid when due, the county may, within 3 years after the date that the tax was due, record a certificate in the office of the county recorder which states:
(a) The amount of the real property transfer tax and any interest or penalties due;
(b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and
(c) That the county recorder has complied with all procedures required by law for determining the amount due.
2. From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:
(a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or
(b) A demand for payment if the property has been sold or otherwise transferred to another person.
3. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.
4. Within 5 years after the date of the judgment or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a certified copy of the judgment in the office of the county recorder. From the time of recording the judgment, the lien is extended for 5 years, unless sooner released or otherwise discharged.
Sec. 25. NRS 375.010 is hereby amended to read as follows:
375.010 The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:
1. “Buyer” means a person or other legal entity acquiring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantee or other transferee of real property.
2. “Deed” means every instrument in writing, except a last will and testament, whatever its form, and by whatever name it is known in law, by which title to any estate or present interest in real property, including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years , [or] an easement[.] , a deed of trust or common law mortgage instrument that encumbers real property, an affidavit of surviving tenant or a conveyance of a right of way.
3. “Escrow” means the delivery of a deed by the seller into the hands of a third person, including an attorney, title company, real estate broker or other person engaged in the business of administering escrows for compensation, to be held by the third person until the happening of a contingency or performance of a condition, and then to be delivered by the third person to the buyer.
4. “Seller” means a person or other legal entity transferring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantor or other transferor of real property.
5. “Value” means:
(a) In the case of any deed not a gift, the amount of the full[, actual consideration] purchase price paid or to be paid for the real property . [, excluding the amount of any lien or liens assumed.]
(b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated [price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.] fair market value of the property.
As used in this section, “estimated fair market value” means the estimated price the real property would bring on the open market in a sale between a willing buyer and a willing seller. Such price may be derived from the assessor’s taxable value or the prior purchase price, if the prior purchase was within the 5 years immediately preceding the date of valuation, whichever is higher.
Sec. 26. NRS 375.020 is hereby amended to read as follows:
375.020 1. A tax, at the rate of:
(a) In a county whose population is 400,000 or more, $1.25; and
(b) In a county whose population is less than 400,000, 65 cents,
for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed [, exclusive of the value of any lien or encumbrance remaining on the interest or property at the time of sale,] exceeds $100.
2. The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.
Sec. 27. NRS 375.030 is hereby amended to read as follows:
375.030 1. If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 and, if applicable, NRS 375.025, is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.
2. The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 and 375.025 or any penalties or interest imposed pursuant to subsection 3.
3. If after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed and the buyer [or seller, or both,] and seller of the additional amount of tax due. [In addition to the additional amount determined to be due,] If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 [1/2] percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.
4. This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.
Sec. 28. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 and 375.025 does not apply to:
1. [Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.
2.] A transfer of title to or from the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
[3.] 2. A transfer of title recognizing the true status of ownership of the real property.
[4.] 3. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
[5.] 4. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
[6.] 5. A transfer of title between spouses, including gifts.
[7.] 6. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
[8.] 7. A transfer of title to or from a trust, if the transfer is made without consideration [.
9.] , and is made to or from:
(a) The trustor of the trust;
(b) The trustor’s legal representative; or
(c) A person related to the trustor in the first degree of consanguinity.
As used in this subsection, “legal representative” has the meaning ascribed to it in NRS 167.020.
8. Transfers, assignments or conveyances of unpatented mines or mining claims.
[10.] 9. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
[11.] 10. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
[12.] 11. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, [Title 11 of U.S.C.;] 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad as defined in the Bankruptcy Act; or
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act , [; or
(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation,]
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
12. A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.
13. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
14. A transfer to [or from] an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.
15. A transfer to [or from] a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.
16. A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, “corporation sole” means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.
Sec. 29. NRS 375.100 is hereby amended to read as follows:
375.100 The county recorder shall refuse to record any deed or conveyance upon which a tax is imposed by this chapter if the tax has not been paid[.] and is not subject to liability for refusing to record a deed or conveyance for which a tax imposed pursuant to this chapter has not been paid.
Sec. 30. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 31. 1. This section and sections 1 to 12, inclusive, and 24 to 30, inclusive, of this act become effective on October 1, 2001.
2. Sections 13 to 23, inclusive, of this act become effective on January 1, 2002.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 357.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 553.
Amend section 1, pages 1 through 3, by deleting lines 1 through 23 on page 1, lines 1 through 48 on page 2 and lines 1 through 21 on page 3, and inserting:
“Section 1. NRS 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station $25
(b) For each set of 25 forms certifying emission control compliance 125
(c) For each form issued to a fleet station5
(d) In a county whose population is 400,000 or more, if the board of county commissioners of the county determines that the imposition of an additional fee is necessary to carry out a program for the control of air pollution, an additional fee not to exceed, for each form certifying emission control compliance 6
2. Except as otherwise provided in subsections 4 [, 5 and 6,] to 7, inclusive, and after deduction of the amount required for grants pursuant to paragraph (a) of subsection [4,] 5, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:
(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The state department of conservation and natural resources to carry out the provisions of this chapter.
(c) The state department of agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) Local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The department of motor vehicles and public safety shall, in a county whose population is 400,000 or more, distribute the fees collected pursuant to paragraph (d) of subsection 1 to the local air pollution control agency in that county with jurisdiction over nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408.
5. The department of motor vehicles and public safety shall by regulation establish a program to award grants of money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for [carbon monoxide] an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408 for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:
(a) An amount of money in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to paragraphs (b) and (c) of subsection 1; and
(b) Excess money in the pollution control account. As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year, after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to [subsection 2.
5.] subsections 2 and 4.
6. Any regulations adopted pursuant to subsection [4] 5 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection [4] 5 or NRS 445B.770.
[6.] 7. Grants proposed pursuant to subsections [4 and] 5 and 6 must be submitted to the deputy director of the motor vehicles branch of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the deputy director and the administrator must not be awarded until approved by the interim finance committee.”.
Amend sec. 2, page 3, by deleting lines 31 and 32 and inserting:
“paragraph (b) of subsection 4 of NRS 407.0762 [,] and NRS 428.375, 439.630, [subsection 6 of NRS] 445B.830 and [NRS] 538.650. In performing those”.
Amend the title of the bill, first line, after “pollution;” by inserting: “authorizing the board of county commissioners of certain larger counties, in certain circumstances, to impose an additional fee for each form certifying emission control compliance; providing that such fees must be distributed to the local air pollution control agency in the county in which the fees were collected;”.
Amend the summary of the bill to read as follows: “SUMMARY¾Authorizes board of county commissioners of certain larger counties, in certain circumstances, to impose additional fee for each form certifying emission control compliance and revises provisions governing disbursement of money from pollution control account. (BDR 40 1180)”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senators Rhoads, Carlton and O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Senate Bill No. 425 be moved to the Second Reading File on the second agenda.
Remarks by Senators Townsend and Coffin.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 236.
Bill read second time and ordered to third reading.
Assembly Bill No. 548.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 56.
Bill read third time.
Remarks by Senators O'Donnell, Titus, Amodei and Carlton.
Senator Carlton requested that the following remarks be entered in the Journal.
Senator O'Donnell:
Thank you, Madam President. This measure creates a legislative Committee on Transportation composed of eight legislative members appointed by the Majority Leader of the Senate and the Speaker of the Assembly, including at least two members from each House who have served on the Standing Committee on Transportation in a previous session. The committee has the authority to review all transportation issues within the State, monitor money deposited into, and expenditures made from the highway fund and the general fund and any other fund relating to transportation, and make recommendations to the Board of Directors of the Nevada Department of Transportation (NDOT), to conduct investigations and hearings and recommend legislation. The salaries and expenses of this committee must be paid by the state highway fund.
Madam President, over a period of years NDOT has made various promises to constituencies, to Legislators and the like, some of which have not come to volition. There may have been financial woes in NDOT; however, it is important that there be a relationship between the Legislature and NDOT.
There seems to be no appetite to put members of this Legislature on the Transportation Board. This does not preclude this legislative body from establishing a committee to oversee all of the actions of the Nevada Department of Transportation. We do this with the Tahoe Regional Planning Agency. It works very well, and now, we have a very good relationship with TRPA and the Legislature. However, we hope that this measure will, in turn, do the same so we can have an adequate line of communication and an open discussion with NDOT. Maybe we can get some of the promises kept that were made to our constituencies and us.
Senator Titus:
I rise in support of this, and I compliment the chair of the Committee on Transportation for this. I agree with him. We need more oversight of NDOT. That is why I have a companion bill that is up next, Senate Bill No. 415, to request an audit. My only objection to this is that the Majority Leader gets to make all of the appointments to the committee. I will work to get at least one appointment to make myself.
Senator Amodei:
Thank you, Madam President. Having sat in the committee during the hearing of this bill, there were some concerns expressed by those who sit on the Transportation Board that perhaps this was some sort of dig at NDOT employees or at people on the Transportation Board. The record is consistent on the floor as to how it was in committee. The people on the committee and, I believe, my colleagues on the floor, recognize that the Department of Transportation in this State has a phenomenal challenge meeting the surface transportation needs that are present in all of our districts with limited resources, and that they will never be able to accommodate everyone’s desires for projects in their respective districts. However, it should also be clear that in a Legislature that meets every other year for only 120 days, we, in some regards, are not famous for oversight. This is an attempt to put us in the oversight business in an area that has a three-quarters of a billion dollar budget.
This is in no way meant to be, Madam President, any sort of criticism of you or your colleagues who sit on the Transportation Board. However, I do think since this is the body that is responsible for tax decisions, which affect the fund, and we do have an oversight role to play. This is an attempt to play that role in a manner that is consistent with what we have done in other areas.
Senator Carlton:
Thank you, Madam President. I would like to say “me too,” to the esteemed Senator from Carson City.
Roll call on Senate Bill No. 56:
Yeas—21.
Nays—None.
Senate Bill No. 56 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 415.
Bill read third time.
Remarks by Senators Titus and O'Donnell.
Roll call on Senate Bill No. 415:
Yeas—21.
Nays—None.
Senate Bill No. 415 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 83.
Bill read third time.
Roll call on Senate Bill No. 83:
Yeas—21.
Nays—None.
Senate Bill No. 83 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 425.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 644.
Amend the bill as a whole by deleting sections 1 through 154 and adding new sections designated sections 1 through 86, following the enacting clause, to read as follows:
“Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. On and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the board of county commissioners complies with the provisions of section 5 of this act.
Sec. 3. 1. On and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the board of county commissioners complies with the provisions of section 5 of this act.
2. As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.
Sec. 4. On and after July 1, 2001, a board of county commissioners shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the county serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless the board of county commissioners complies with the provisions of section 5 of this act.
Sec. 5. 1. A board of county commissioners that desires to acquire or expand facilities and services pursuant to section 2, 3 or 4 of this act must:
(a) Provide notice of the intended expansion or acquisition to any political subdivision that the board determines is likely to be an affected governmental entity;
(b) Prepares an impact statement pursuant to NRS 237.030 to 237.110, inclusive;
(c) Causes to be published a notice, displayed in the format used for advertisements printed in not less than 8-point type on at least one-quarter of a page of the newspaper, in a newspaper with the largest general circulation in the county;
(d) Holds a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and
(e) Complies with paragraph (a) or (b) of subsection 2.
2. After complying with paragraphs (a) to (d), inclusive, of subsection 1, a board of county commissioners may proceed with the proposed acquisition or expansion if:
(a) The board of county commissioners determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or
(b) The board of county commissioners:
(1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the board, that an emergency exists with respect to the provision of service and that the county’s plan for acquisition or expansion is economically feasible; and
(2) For each affected governmental entity:
(I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected governmental entity; or
(II) If the board cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.
3. For purposes of this section:
(a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.
(b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the county after an acquisition or expansion pursuant to this section.
Sec. 6. NRS 244A.697 is hereby amended to read as follows:
244A.697 [In] Except as otherwise provided in section 2 of this act, in addition to any other powers, each county has the following powers:
1. To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease , or any one or more of such methods, and to improve and equip one or more projects , or parts thereof, which except as otherwise provided in this subsection must be located within this state, and which may be located within or partially within that county. If a project is for the generation and transmission of electricity and the county deems is necessary:
(a) To connect the project with facilities located outside this state, transmitting facilities necessary for that interconnection may be located outside this state, but financing for those transmitting facilities must be limited to the amount necessary to interconnect the project with the nearest compatible transmitting facility of the participant in the project with which the connection is to be made.
(b) To acquire or develop fuel or water or rights thereto, or to transport fuel or water from outside the county or state, the necessary facilities, fuel, water or rights thereto may be located wholly outside the county or outside the state.
Any water rights for such a project to be obtained by appropriation may only be appropriated within the boundaries of the county within which the generating facility is located, unless the board of county commissioners of another county approves the appropriation within its boundaries for that purpose.
2. To finance, sell, lease or otherwise dispose of any or all its projects upon such terms and conditions as the board considers advisable.
3. To issue revenue bonds for the purpose of financing or defraying all or any portion of the cost of acquiring, improving and equipping any project as set forth in NRS 244A.737.
4. To secure payment of such bonds as provided in NRS 244A.669 to 244A.763, inclusive.
5. If a project is for the generation and transmission of electricity, to own the project in its entirety or an undivided interest in the project with one or more other owners, and to enter into agreements with respect to any matters relating to common ownership of the project, including , without limitation , matters relating to the ownership, acquisition, construction, improvement, equipping, financing, operation and maintenance of the project.
6. To take such actions as are necessary or useful [in order] to undertake, [carry out,] accomplish and otherwise carry out the provisions of NRS 244A.669 to 244A.763, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the board and which become effective upon adoption unless otherwise specified in the resolution.
Sec. 7. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
The committee shall:
1. Study the impact on revenue from state and local taxes received by local governments as a result of counties, cities and general improvement districts acquiring or expanding facilities for the generation, transmission and distribution of electricity and for the provision of telecommunications services or community antenna television service to retail customers who are, before the acquisition or expansion, customers of a public utility which provides such service and which is subject to chapter 704 or 711 of NRS; and
2. Not later than November 1, 2002, submit a report of its findings, including any recommended legislation, to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada Legislature.
Sec. 8. NRS 218.5388 is hereby amended to read as follows:
218.5388 As used in NRS 218.5388 to 218.53886, inclusive, and section 7 of this act, “committee” means a legislative committee to study the distribution among local governments of revenue from state and local taxes.
Sec. 9. NRS 266.261 is hereby amended to read as follows:
266.261 1. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may acquire, improve, equip, operate and maintain, convert to or authorize:
(a) Curb and gutter projects;
(b) Drainage projects;
(c) [Offstreet] Off-street parking projects;
(d) Overpass projects;
(e) Park projects;
(f) Sanitary sewer projects;
(g) Sidewalk projects;
(h) Storm sewer projects;
(i) Street projects;
(j) Underpass projects;
(k) Water projects; and
(l) Underground electric and communication facilities.
2. The city council , on behalf of the city , for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS.
Sec. 10. NRS 266.285 is hereby amended to read as follows:
266.285 [The] Except as otherwise provided in sections 13, 14 and 15 of this act, a city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utility.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:] must:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 11. NRS 266.290 is hereby amended to read as follows:
266.290 1. [The] Except as otherwise provided in section 13, 14 and 15 of this act, the city council may acquire or establish any public utility in the manner provided in this section.
2. The council shall enact an ordinance which must set forth fully and in detail:
(a) The public utility proposed to be acquired or established.
(b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.
(c) The proposed manner and terms of payment.
3. The ordinance must be published in full at least once a week for 4 successive weeks in a newspaper of general circulation published in the city.
4. At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether the proposed ordinance is to be passed. Thereupon, no such proposed ordinance may be enacted or become effective for any purpose [whatsoever,] whatever, unless at a special election called and held for the purpose or the next primary or general municipal election or primary or general state election, a majority of the votes cast are for the ordinance.
Sec. 12. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 16, inclusive, of this act.
Sec. 13. On and after July 1, 2001, a governing body shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the governing body complies with the provisions of section 16 of this act.
Sec. 14. 1. On and after July 1, 2001, a governing body shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the governing body complies with the provisions of section 16 of this act.
2. As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.
Sec. 15. On and after July 1, 2001, a governing body shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the city serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless the governing body complies with the provisions of section 16 of this act.
Sec. 16. 1. A governing body that desires to acquire or expand facilities and services pursuant to section 13, 14 or 15 of this act must:
(a) Provide notice of the intended expansion or acquisition to any political subdivision that the governing body determines is likely to be an affected governmental entity;
(b) Prepares an impact statement pursuant to NRS 237.030 to 237.110, inclusive;
(c) Causes to be published a notice, displayed in the format used for advertisements, printed in not less than 8-point type on at least one-quarter of a page of the newspaper in a newspaper with the largest general circulation in the city;
(d) Holds a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and
(e) Complies with paragraph (a) or (b) of subsection 2.
2. After complying with paragraphs (a) to (d), inclusive, of subsection 1, a governing body may proceed with the proposed acquisition or expansion if:
(a) The governing body determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or
(b) The governing body:
(1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the governing body, that an emergency exists with respect to the provision of service and that the city’s plan for acquisition or expansion is economically feasible; and
(2) For each affected governmental entity:
(I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or
(II) If the governing body cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.
3. For purposes of this section:
(a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.
(b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the city after an acquisition or expansion pursuant to this section.
Sec. 17. NRS 268.526 is hereby amended to read as follows:
268.526 [In] Except as otherwise provided in section 13 of this act, in addition to any other powers which it may now have, each city shall have the following powers:
1. To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease, or any one or more of such methods, and to improve and equip one or more projects , or part thereof. Such projects, upon completion of such acquisition, [shall] must be located within , or within 10 miles of , the city.
2. To finance, sell, lease or otherwise dispose of any or all of its projects upon such terms and conditions as the governing body considers advisable.
3. To issue revenue bonds for the purpose of financing or defraying the cost of acquiring, improving and equipping any project as set forth in NRS 268.556.
4. To secure payment of such bonds as provided in NRS 268.512 to 268.568, inclusive.
5. To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise implement the provisions of NRS 268.512 to 268.568, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the governing body and which [shall] become effective upon adoption.
Sec. 18. NRS 268.568 is hereby amended to read as follows:
268.568 1. Except as otherwise provided in sections 13, 14 and 15 of this act, NRS 268.512 to 268.568, inclusive, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including, but not limited[,] to , the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.
3. The provisions of no other law, either general or local, except as otherwise provided in NRS 268.512 to 268.568, inclusive,apply to the doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
4. No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as otherwise provided in those sections.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive,except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.
6. Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive,without meeting the qualifications set forth in NRS 662.245.
7. The powers conferred by NRS 268.512 to 268.568, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by , any other law.
8. No part of NRS 268.512 to 268.568, inclusive,repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 19. NRS 268.730 is hereby amended to read as follows:
268.730 Except as otherwise provided in NRS 268.086 and 268.088, and sections 13, 14 and 15 of this act, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. An [offstreet] off-street parking project;
8. An overpass project;
9. A park project;
10. A recreational project;
11. A refuse project;
12. A sewerage project;
13. A sidewalk project;
14. A street project;
15. A transportation project;
16. An underpass project; and
17. A water project.
Sec. 20. NRS 271.265 is hereby amended to read as follows:
271.265 1. [The] Except as otherwise provided in sections 2, 3, 4, 13, 14 and 15 of this act, the governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both[,] within and without the municipality:
(a) A commercial area vitalization project;
(b) A curb and gutter project;
(c) A drainage project;
(d) An [offstreet] off-street parking project;
(e) An overpass project;
(f) A park project;
(g) A sanitary sewer project;
(h) A security wall;
(i) A sidewalk project;
(j) A storm sewer project;
(k) A street project;
(l) A street beautification project;
(m) A transportation project;
(n) An underpass project;
(o) A water project; and
(p) Any combination of such projects.
2. [In] Except as otherwise provided in sections 13 and 14 of this act, in addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both[,] within and without the municipality:
(a) An electrical project;
(b) A telephone project;
(c) A combination of an electrical project and a telephone project;
(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and
(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.
3. In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.
Sec. 21. Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 to 25, inclusive, of this act.
Sec. 22. On and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the generation, distribution or transmission of electricity if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the general improvement district complies with the provisions of section 25 of this act.
Sec. 23. 1. On and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the provision of telecommunications service if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 704 of NRS, unless the general improvement district complies with the provisions of section 25 of this act.
2. As used in this section “telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 1, 2001.
Sec. 24. On and after July 1, 2001, a general improvement district shall not acquire or expand facilities for the provision of community antenna television service if such acquisition or expansion would result in the district serving retail customers who are, before the acquisition or expansion, retail customers of a public utility which provides such service and which is subject to the provisions of chapter 711 of NRS, unless the general improvement district complies with the provisions of section 25 of this act.
Sec. 25. 1. A general improvement district that desires to acquire or expand facilities and services pursuant to section 22, 23 or 24 of this act must:
(a) Provide notice of the intended expansion or acquisition to any political subdivision that the district determines is likely to be an affected governmental entity;
(b) Prepares an impact statement pursuant to NRS 237.030 to 237.110, inclusive;
(c) Causes to be published a notice, displayed in the format used for advertisements printed in not less than 8-point type on at least one-quarter of a page of the newspaper, in a newspaper with the largest general circulation in the district;
(d) Holds a hearing on the proposed acquisition or expansion at least 10 days after the date notice is published pursuant to paragraph (c); and
(e) Complies with paragraph (a) or (b) of subsection 2.
2. After complying with paragraphs (a) to (d), inclusive, of subsection 1, a general improvement district may proceed with the proposed acquisition or expansion if:
(a) The general improvement district determines that the acquisition or expansion is economically feasible and does not adversely impact the existing provider of the service as determined in the impact statement prepared pursuant to paragraph (b) of subsection 1; or
(b) The general improvement district:
(1) Declares by a two-thirds majority vote of all its members at a special or regular meeting of the district, that an emergency exists with respect to the provision of service and that the district’s plan for acquisition or expansion is economically feasible; and
(2) For each affected governmental entity:
(I) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or
(II) If the district cannot reach an agreement with an affected governmental entity pursuant to sub-subparagraph (I), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.
3. For purposes of this section:
(a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.
(b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the district after an acquisition or expansion pursuant to this section.
Sec. 26. NRS 318.116 is hereby amended to read as follows:
318.116 [Any] Except as otherwise provided in sections 22, 23 and 24 of this act, any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;
3. Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;
4. Furnishing facilities for swimming pools, as provided in NRS 318.1191;
5. Furnishing facilities for television, as provided in NRS 318.1192;
6. Furnishing facilities for FM radio, as provided in NRS 318.1187;
7. Furnishing streets and alleys, as provided in NRS 318.120;
8. Furnishing [curb, gutter] curbs, gutters and sidewalks, as provided in NRS 318.125;
9. Furnishing sidewalks, as provided in NRS 318.130;
10. Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;
11. Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;
12. Furnishing facilities for lighting streets, as provided in NRS 318.141;
13. Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;
14. Furnishing recreational facilities, as provided in NRS 318.143;
15. Furnishing facilities for water, as provided in NRS 318.144;
16. Furnishing fencing, as provided in NRS 318.1195;
17. Furnishing facilities for protection from fire, as provided in NRS 318.1181;
18. Furnishing energy for heating, as provided in NRS 318.1175;
19. Furnishing emergency medical services, as provided in NRS 318.1185; and
20. Control and eradication of noxious weeds, as provided in chapter 555 of NRS.
Sec. 27. NRS 318.117 is hereby amended to read as follows:
318.117 [If] Except as otherwise provided in section 22 of this act, if a district is created , wholly or in part , to furnish electric light and power, the board may:
1. Acquire, by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including , without limitation , the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.
2. Furnish, deliver and sell to the public, and to any municipality and to the state and any public institution, heat, light and power service and any other service, commodity or facility which may be produced or furnished in connection therewith.
3. Purchase generating capacity on the terms set forth in subsection 3 of NRS 244A.699.
Sec. 28. NRS 318.1192 is hereby amended to read as follows:
318.1192 [In] Except as otherwise provided in section 25 of this act, the case of a district created wholly or in part for acquiring television maintenance facilities, the board shall have power to:
1. Acquire television broadcast, transmission and relay improvements.
2. Levy special assessments against specially benefited real property on which are located television receivers operated within the district and able to receive television broadcasts supplied by the district.
3. Fix tolls, rates and other service or use charges for services furnished by the district or facilities of the district, including without limitation any one, all or any combination of the following:
(a) Flat rate charges;
(b) Charges classified by the number of receivers;
(c) Charges classified by the value of property served by television receivers;
(d) Charges classified by the character of the property served by television receivers;
(e) Minimum charges;
(f) Stand-by charges; or
(g) Other charges based on the availability of service.
4. The district shall not have the power in connection with the basic power stated in this section to borrow money which loan is evidenced by the issuance of any general obligation bonds or other general obligations of the district.
Sec. 29. NRS 318.145 is hereby amended to read as follows:
318.145 [The] Except as otherwise provided in sections 22, 23 and 24 of this act, the board shall have the power to operate, maintain and repair the improvements acquired by the district, including , without limitation , the maintenance and repair of dedicated streets and alleys and the removal of snow therefrom, and all facilities of the district relating to any basic power which the district is authorized to exercise, and in connection therewith to exercise from time to time any one, all or any combination of the incidental powers provided in this chapter and any law supplemental thereto, except as may be otherwise provided in this chapter or in any such supplemental law.
Sec. 30. Chapter 538 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On and after July 1, 2001, the Colorado River Commission shall not acquire or expand facilities for the generation, distribution or transmission of electricity to serve persons who will be retail customers of the Colorado River Commission for that service and who are, before the acquisition or expansion, retail customers of a public utility subject to chapter 704 of NRS for that service, unless the Colorado River Commission:
(a) Holds a public hearing on the proposed acquisition or expansion at least 10 days after publishing notice thereof;
(b) Determines that the acquisition or expansion is economically feasible and is in the best interest of the residents of southern Nevada; and
(c) For each affected governmental entity:
(1) Has entered into an interlocal agreement providing for payments for each fiscal year to be made to the affected governmental entity equal to the reduction amount applicable to that affected political governmental entity; or
(2) If the commission cannot reach an agreement with an affected governmental entity pursuant to subparagraph (1), has approved a plan to make payments to that affected governmental entity of the reduction amount applicable to that governmental entity which has been approved by the Nevada tax commission.
2. This section does not provide authority for the Colorado River Commission to acquire or expand facilities for the generation, distribution or transmission of electricity nor does it take away any such authority granted by any other law.
3. For purposes of this section:
(a) “Affected governmental entity” means this state or any political subdivision of this state which will receive less property taxes or franchise fees as a direct result of an acquisition or expansion pursuant to this section.
(b) “Reduction amount” means the amount of property tax or franchise fee the affected governmental entity would have received from a public utility during a fiscal year but did not receive because the service was provided by the district after an acquisition or expansion pursuant to this section.
Sec. 31. NRS 538.161 is hereby amended to read as follows:
538.161 [The] Except as otherwise provided in section 30 of this act, the commission shall:
1. Collect and arrange all data and information connected with the Colorado River which may affect or be of interest to this state.
2. Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of any facilities for the generation or transmission of electricity for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created pursuant to the laws of this state that is being operated principally for service to Nevada residents and may be serving incidental energy to residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.
3. Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River, or in connection with Hoover Dam or other federally operated dams.
4. Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the waters of the Colorado River.
5. Make and enter into agreements, compacts or treaties between the State of Nevada and the states of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. Agreements, compacts or treaties which define the rights of the states or of the United States in the waters of the Colorado River are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
6. Represent and act for the State of Nevada in consultations with other states, the United States, foreign countries and persons, and negotiate and enter into agreements between the State of Nevada and those entities, jointly or severally, concerning the:
(a) Acquisition, development, storage, transport, transfer, exchange, use and treatment of water to supplement the supply of water in the Colorado River which is available for use in Nevada, consistent with the provisions of NRS 538.186.
(b) Augmentation of the waters of the Colorado River, consistent with the provisions of NRS 538.186.
(c) Quality of the waters of the Colorado River, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.
(d) Operation of federal dams and other facilities on the Colorado River.
(e) Species associated with the Colorado River which are or may become listed as endangered or threatened pursuant to federal law, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.
7. Within the limits of its authority, represent and act for the State of Nevada as a member of any interstate or international commission or other body as may be established relating to the Colorado River in transactions with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the Federal Government or any foreign country.
8. Report to the governor such measures and legislative action as it deems necessary to carry out the provisions of any law relating to the powers and duties of the commission.
9. Cooperate with other states or federal agencies to establish, conduct and maintain projects related to water or power.
Sec. 32. NRS 538.166 is hereby amended to read as follows:
538.166 1. [The] Except as otherwise provided in section 30 of this act, the commission may:
(a) Acquire and perfect any interest in supplemental water.
(b) Develop, store, transport, transfer, exchange, use and treat supplemental water.
(c) Acquire an interest in, finance, construct, reconstruct, operate, maintain, repair and dispose of any facility for water or power, including, without limitation, a facility for the storage or conveyance of water and a facility for the generation or transmission of electricity.
(d) Obtain any license, permit, grant, loan or aid from any agency of the United States, the State of Nevada or any other public or private entity.
(e) In accordance with the provisions of the State Securities Law:
(1) Borrow money and otherwise become obligated in a total principal amount which is approved by the legislature or the interim finance committee.
(2) Issue:
(I) General obligation securities payable from taxes and additionally secured with net pledged revenues;
(II) Securities constituting special obligations payable from net pledged revenues; or
(III) Any combination of those securities.
The legislature finds and declares that the issuance of securities and other incurrence of indebtedness pursuant to this subsection are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada. The powers conferred by this subsection are in addition to and supplemental to the powers conferred by any other law.
(f) Perform all other lawful acts it considers necessary or desirable to carry out the purposes and provisions of any law relating to the powers, functions and duties of the commission.
2. The commission shall comply with the provisions of this chapter and chapters 532, 533 and 534 of NRS before taking any action pursuant to subsection 1 which relates in any way to supplemental water if the source of the supplemental water is located within the State of Nevada and is not the Colorado River.
Sec. 33. NRS 538.181 is hereby amended to read as follows:
538.181 1. [The] Except as otherwise provided in section 30 of this act, the commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, and section 30 of this act, for the State of Nevada and, except as otherwise provided in NRS 538.186, may enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.
2. Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.
3. The power and water must not be sold for less than the actual cost to the State of Nevada.
4. Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
5. The provisions of subsection 4 do not apply to:
(a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.
6. Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by federal law, until approved by the United States.
7. The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.
8. Notwithstanding any provision of chapter 704 of NRS, any purchase of:
(a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission; or
(b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water, is not subject to regulation by the public utilities commission of Nevada.
Sec. 34. NRS 541.140 is hereby amended to read as follows:
541.140 [The] Except as otherwise provided in section 2 of this act, the board shall have power on behalf of the district:
1. To have perpetual succession.
2. To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply , and any and all real and personal property of any kind , within or without the district or within or without the State of Nevada , necessary or convenient to the full exercise of its powers , [;] and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada , [;] also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district[,] and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.
3. To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.
4. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon[,] or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land [shall be] is effective upon the filing by such district with the state land registrar of an application showing the boundaries, extent and locations of the lands, rights of way or easements desired for such purposes. If the lands, rights of way or easements for which application [shall be] is made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation [shall] may be charged the district therefor, unless in the opinion of the state land registrar the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the state for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as [shall be] are necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities [shall] must be conveyed to the district by patent. If an easement or right of way only over such lands [be] is sought by the district, such easement or right of way [shall] must be evidenced by a permit or grant executed by or on behalf of the state land registrar. The state land registrar may reserve easements and rights of way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit [shall be] is executed, any compensation due to the state under the provisions hereof must be paid. No fee [shall] may be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets , the district [shall be] is subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction , [;] but the district [shall not be] is not required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.
5. To contract with the Government of the United States or any agency thereof, the State of Nevada or any of its cities, counties or other governmental subdivisions, for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, powerplants and all necessary works incident thereto , within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works[;] , and to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private , within or without the State of Nevada.
6. To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water [shall] must not exceed the maximum amount of water that the board determines could be beneficially used on such lands[;] , and to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district , [;] but the board may divide the district into units and fix a different value per acre-foot of water in the respective units[,] and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.
7. To fix rates at which water not allotted to lands, as hereinbefore provided, [shall] may be sold, leased or otherwise disposed of , [;] but rates [shall] must be equitable , although not necessarily equal or uniform for like classes of service throughout the district.
8. To enter into contracts, employ and retain personal services and employ laborers , [;] to create, establish and maintain such offices and positions as [shall be] are necessary and convenient for the transaction of the business of the district , [;] and to elect, appoint and employ such officers, attorneys, agents and employees therefor as [shall be] are found by the board to be necessary and convenient.
9. To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans [shall] must include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof [shall] must be kept in the office of the district and open to public inspection.
10. To appropriate and otherwise acquire water and water rights within or without the state , [;] to develop, store and transport water , [;] to subscribe for, purchase and acquire stock in canal companies, water companies[,] and water users’ associations , [;]to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical , and any and all other beneficial uses, and to derive revenue and benefits therefrom , [;] to fix the terms and rates therefor , [;]and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels, powerplants , and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things , to obligate itself and execute and perform such obligations according to the tenor thereof.
11. To generate electric energy and to contract for the generation, distribution and sale of such energy.
12. To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held [shall] must, from time to time , be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district. The functions and duties authorized by this subsection [shall] must be performed under such rules and regulations as [shall be] are prescribed by the board.
13. To borrow money from the State of Nevada or other sources and incur indebtedness , and to pledge revenues of the district to secure the repayment of any money so borrowed.
14. To adopt bylaws not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district.
15. To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.
Sec. 35. NRS 541.300 is hereby amended to read as follows:
541.300 [The] Except as otherwise provided in section 2 of this act, the board is authorized to enter into contracts for the operation and maintenance of works for the generation and [supplying] supply of electrical energy and for the disposition of power generated thereat. The board may also enter into contracts for the acquisition, purchase, sale or other disposition of electrical energy.
Sec. 36. NRS 710.010 is hereby amended to read as follows:
710.010 1. [The] Except as otherwise provided in section 3 of this act, the board of county commissioners of any county is authorized, upon there being filed with it a petition signed by two-thirds of the taxpayers of the county requesting the board so to do, to purchase or construct a telephone line or lines within the limits of the county, if in the judgment of the board it would be to the interest of the county to do so, and to pay for the same out of the county general fund.
2. The title to any telephone line or lines constructed or acquired by or under the authority of any board of county commissioners as provided in subsection 1 shall be vested in the county and under its control and management.
3. Any telephone system which is under the control and management of a county, notwithstanding the method used in acquiring the system, may include within its charges for service to each user an amount sufficient to provide a reasonable reserve to be used for the purpose of expansion of the telephone facility.
Sec. 37. NRS 710.145 is hereby amended to read as follows:
710.145 1. [Notwithstanding the provisions of any other statute,] Except as otherwise provided in section 3 of this act, a telephone system which is under the control and management of a county may extend its operation across county boundaries if:
(a) The proposed operations are not within the scope of activities regulated pursuant to chapter 704 of NRS;
(b) The public utilities commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the extended services are competitive or discretionary and that regulation thereof is unnecessary; or
(c) The public utilities commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which the operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.
2. Except as otherwise provided in subsection 1, nothing in this section vests jurisdiction over a county telephone system in the public utilities commission of Nevada.
Sec. 38. NRS 710.160 is hereby amended to read as follows:
710.160 [Upon]Except as otherwise provided in section 2 of this act, there being filed with a board of county commissioners of any county a petition signed by at least two-thirds of the taxpayers of such county requesting and petitioning the board so to do, the board of county commissioners, in the name of the county, is authorized to purchase, acquire or construct electrical power plants and power lines within the limits of the county and thereafter operate, maintain and extend the same as a public utility.
Sec. 39. NRS 710.170 is hereby amended to read as follows:
710.170 [The] Except as otherwise provided in section 2 of this act, the board of county commissioners shall have authority:
1. To enter into any and all necessary contracts with any person, firm, company or corporation generating power for the purchase of electrical energy, power and current.
2. To purchase any existing light line and power line or integral part thereof, upon the most advantageous price and terms to the county.
3. To purchase all proper and necessary equipment, appliances and materials needed for the plant and lines.
4. To enter into contracts with consumers for the sale, distribution and delivery of electrical energy, power and current along its power lines.
5. To make any and all rules and regulations necessary and proper for the management, operation, control and extension thereof.
6. To employ such proper and efficient help and labor as shall be needed.
7. To construct and operate branches or distributing lines, substations and transformers and other electrical appliances as conditions may warrant and require.
Sec. 40. NRS 710.200 is hereby amended to read as follows:
710.200 Subject to the provisions of section 2 of this act and NRS 710.160 to 710.280, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of an electrical system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights of way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:
1. General obligation bonds, payable from taxes;
2. General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and
3. Revenue bonds constituting special obligations and payable from such net revenues.
Sec. 41. Section 135 of the charter of Boulder City is hereby amended to read as follows:
Section 135. Establishment of municipally owned and operated utilities. [The]Except as otherwise provided in sections 13, 14 and 15 of this act, the city shall have power to own and operate any public utility, to construct and install all facilities that are reasonably needed, and to lease or purchase any existing utility properties used and useful in public service. The city may also furnish service in adjacent and near‑by communities which may be conveniently and economically served by the municipally owned and operated utility, subject to: (a) Agreements with such communities; (b) provisions of state law; (c) provisions of the Boulder City Act of 1958. The council may provide by ordinance for the establishment of such utility, but an ordinance providing for a newly owned and operated utility shall be enacted only after such hearings and procedure as required herein for the granting of a franchise, and shall also be submitted to and approved at a popular referendum; provided, however, that an ordinance providing for any extension, enlargement, or improvement of an existing utility may be enacted as a matter of general municipal administration. The city shall have the power to execute long‑term contracts for the purpose of augmenting the services of existing municipally owned utilities. Such contracts shall be passed only in the form of ordinances and may exceed in length the terms of office of the members of the council. (1959 Charter)
Sec. 42. Section 2.270 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 63, is hereby amended to read as follows:
Sec. 2.270 Powers of city council: Provision of utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council may:
1. Provide, by contract, franchise of public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Lincoln County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 43. Section 6.010 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:
Sec. 6.010 Local improvement law.
[The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 44. Section 7.020 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities.
[The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 45. Section 7.030 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 69, is hereby amended to read as follows:
Sec. 7.030 Water, sewer and electric light and power revenue bonds.
1. [The] Except as otherwise provided in section 13 of this act, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties needed in connection with:
(a) The obtaining of a water supply.
(b) The conservation, treatment and disposal of sewage waste and storm water.
(c) The generation and transmittal of electricity for light and power for public and private uses.
2. In issuing bonds pursuant to subsection 1, the city council shall follow procedures established in the Local Government Securities Law, as amended from time to time.
Sec. 46. Section 2.300 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 611, is hereby amended to read as follows:
Sec. 2.300 Powers of board of councilmen: Provision of utilities. [The]Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 47. Section 6.010 of the charter of the City of Carlin, being chapter 344, Statues of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 872, is hereby amended to read as follows:
Sec. 6.010 Local improvement law.
[The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects;
13. Water projects; and
14. Any combination of such projects.
Sec. 48. Section 7.020 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 25, Statutes of Nevada 1977, at page 54, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation, sale or lease of municipal utilities.
[The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to special charter cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 49. Section 2.270 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2750, is hereby amended to read as follows:
Sec. 2.270 Power of board: Provision of utilities.
1. Except as otherwise provided in subsection2 , [and] section 2.272[,] and section 13 of this act, the board may:
(a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.
(b) Provide for the construction of any facility necessary for the provision of such utilities.
(c) Fix the rate to be paid for any utility provided by public enterprise.
(d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical water meters, or similar mechanical devices, to measure the quantity of water delivered to water users.
2. The board:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the clerk and made available for public inspection during the business hours of the office of the clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 50. Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2751, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in subsection2 of section 2.270 , [and] section 2.272 [,] and section 13 of this act, the board may acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 51. Section 7.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 565, Statutes of Nevada 1997, at page 2751, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities, facilities and franchises. Except as otherwise provided in subsection 2 of section 2.270 , [and] section 2.272 [,] and section 13 of this act, Carson City may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as “facilities” or “projects”), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.
Sec. 52. Section 2.330 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:
Sec. 2.330 Powers of board of supervisors: Provision of utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of supervisors may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 53. Section 6.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of supervisors, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 54. Section 7.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 490, is hereby amended to read as follows:
Sec. 7.010 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 55. Section 2.280 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 393, is hereby amended to read as follows:
Sec. 2.280 Powers of board of councilmen: Provision of utilities. [The]Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Nye County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a)Be coequal with the latest lien thereon to secure the payment of general taxes.
(b)Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c)Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 56. Section 6.010 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen, on behalf of the city, and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 57. Section 7.020 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 399, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 58. Section 2.280 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2752, is hereby amended to read as follows:
Sec. 2.280 Powers of city council: Provision of utilities.
1. Except as otherwise provided in subsection 2 , [and] section 2.285 [,] and section 13 of this act, the city council may:
(a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
(b) Provide for the construction of any facility necessary for the provision of such utilities.
(c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:
(1) Be coequal with the latest lien thereon to secure the payment of general taxes.
(2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
2. The city council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 59. Section 6.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2753, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in subsection2of section 2.280 , [and] 2.285 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Telephone projects;
12. Transportation projects;
13. Underground and aboveground electric and communication facilities;
14. Underpass projects;
15. Water projects;
16. Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and
17. Any combination thereof.
Sec. 60. Section 7.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2754, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities. Except as otherwise provided in subsection 2of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 61. Section 2.300 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes of Nevada 1997, at page 2755, is hereby amended to read as follows:
Sec. 2.300 Powers of city council: Provision of utilities.
1. Except as otherwise provided in subsection 2 , [and] section 2.315 [,] and section 13 of this act, the city council may:
(a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the city.
(b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.
(c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:
(1) There must be filed with the city clerk and available for public inspection schedules of all rates, fees, tolls and charges which the city has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the city.
(2) No change may be made in any of those schedules except upon 30 days’ notice to the inhabitants of the city and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30‑day period before the hearing.
(3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.
(4) Every utility which is owned or operated by the city shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.
(d) Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the city or by any utility which is owned or operated by the city pursuant to this section is a lien upon the property to which the service is rendered. The lien:
(1) Must be perfected by filing with the county recorder of the county a statement by the city clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.
(2) Is coequal with the latest lien upon that property to secure the payment of general taxes.
(3) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(4) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.
(5) May be enforced and foreclosed in such manner as may be prescribed by ordinance.
2. The city council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 62. Section 2.310 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 565, Statutes of Nevada 1997, at page 2756, is hereby amended to read as follows:
Sec. 2.310 Powers of city council: Acquisition or establishment of city utility.
1. Except as otherwise provided in subsection 2 of section 2.300 , [and] section 2.315 [,] and section 13 of this act, the city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.
2. The city council must adopt a resolution which sets forth fully and in detail:
(a) The public utility which is proposed to be acquired or established.
(b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.
(c) The proposed bonded indebtedness which must be incurred to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.
(d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.
3. The resolution must be published in full at least once a week for 4 successive weeks.
4. At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for the submission of the question of the enactment of the proposed ordinance at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be effective for any purpose unless, at a special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.
5. A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.
6. If the proposed ordinance is adopted, without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.
Sec. 63. Section 6.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 565, Statutes of Nevada 1997, at page 2757, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in subsection 2 of section 2.300 , [and] section 2.315 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, in addition to the projects authorized by chapter 271 of NRS:
1. Street lighting projects;
2. Underground electric and communication facilities; and
3. Any combination of those projects.
Sec. 64. Section 2.280 of the charter of the City of North Las Vegas, being chapter 573, Statues of Nevada 1971, as last amended by chapter 636, Statutes of Nevada 1999, at page 3543, is hereby amended to read as follows:
Sec. 2.280 Powers of city council: Provision of utilities.
1. Except as otherwise provided in subsection3 , [and] section 2.285 [,] and section 13 of this act, the city council may:
(a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located within or without the city.
(b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.
(c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:
(1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.
(2) No changes may be made in any schedule so filed with the city clerk except upon 30 days’ notice to the inhabitants of the city and a public hearing held thereon. Notice of the proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30‑day period before the hearing thereon.
(3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.
(4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
(d) Provide, by ordinance, for an additional charge to each business customer and for each housing unit within the city to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.
2. Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
3. The city council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
4. Any information relating to the study conducted pursuant to subsection 3 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
5. Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunications service to the general public.
6. As used in this section:
(a) “Housing unit” means a:
(1) Single-family dwelling;
(2) Townhouse, condominium or cooperative apartment;
(3) Unit in a multiple-family dwelling or apartment complex; or
(4) Mobile home.
(b) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(c) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 65. Section 6.010 of the charter of the City of North Las Vegas, being chapter 573, Statues of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Library, park or recreation projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 66. Section 7.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 565, Statutes of Nevada 1997, at page 2760, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities. Except as otherwise provided in subsection 3 of section 2.280 , [and] section 2.285 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 67. Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 327, Statutes of Nevada 1999, at page 1367, is hereby amended to read as follows:
Sec. 2.140 General powers of city council.
1. Except as otherwise provided in subsection 2 , [and] section 2.150 [,]and section 13 of this act, the city council may:
(a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.
(b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.
(c) Provide or grant franchises for public transportation and utilities.
(d) Appropriate money for advertising and publicity and for the support of a municipal band.
(e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the city whenever the offense is committed within the city.
(f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:
(1) Coequal with the latest lien upon the property to secure the payment of general taxes.
(2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
2. The city council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 68. Section 6.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2762, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in subsection2 of section 2.140 , [and]section 2.150 [,] and section 13 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 69. Section 7.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2763, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities. Except as otherwise provided in subsection 2 of section 2.140 , [and]2.150 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 70. Section 2.110 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes of Nevada 1997, at page 2763, is hereby amended to read as follows:
Sec. 2.110 Powers of [the] city council: Provisions for utilities.
1. Except as otherwise provided in subsection 2 , [and] section 2.115 [,] and section 13 of this act, the city council may:
(a) Provide by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
(b) Provide for the construction of any facility necessary for the provisions of such utility.
(c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and must be performed by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:
(1) Be coequal with the latest lien thereon to secure the payment of general taxes.
(2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
2. The city council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 71. Section 6.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 565, Statutes of Nevada 1997, at page 2764, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in subsection2 of section 2.110 , [and] section 2.115 [,] and section 13 of this act, the city council, on behalf of the city, without any election, may acquire, improve, equip, operate and maintain underground facilities for electricity and communication.
Sec. 72. Section 7.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 565, Statutes of Nevada 1997, at page 2765, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities. Except as otherwise provided in subsection2 of section 2.110 , [and] section 2.115 [,] and section 13 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 73. Section 2.300 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 466, is hereby amended to read as follows:
Sec. 2.300 Powers of board of councilmen: Provision of utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 74. Section 6.010 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 876, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the board of councilmen on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 75. Section 7.020 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 472, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 76. Section 2.280 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 56, Statutes of Nevada 1973, at page 77, is hereby amended to read as follows:
Sec. 2.280 Powers of city council: Provision of utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Lyon County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Pursue any other legal remedy for collection of charges for utility services, facilities or commodities.
Sec. 77. Section 6.010 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 877, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. [Offstreet] Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 78. Section 7.020 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to read as follows:
Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in sections 13, 14 and 15 of this act, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 79. Section 1 of chapter 45, Statutes of Nevada 1921, as amended by chapter 205, Statutes of Nevada 1923, at page 366, is hereby amended to read as follows:
Section 1. [The] Except as otherwise provided in sections 2 and 3 of this act, the county of Mineral, State of Nevada, acting by and through its board of county commissioners, is hereby authorized and empowered to purchase the electrical power and telephone lines now extending from the Lundy generating plant of the Nevada-California power company, situated near Lundy, in the county of Mono, State of California, to the town of Hawthorne, in the county of Mineral, State of Nevada, and known as the “Pacific Division” of the Nevada-California power company’s system of light and power lines within the State of Nevada, and thereafter to maintain and operate the same as a public utility for the transmission, sale and distribution of electrical energy to consumers, and to construct, operate and maintain an extension of said line from the town of Hawthorne, via Luning and Mina, to the town of Simon in said Mineral County, with branch from Mina to Candelaria, and the same shall be known as the “Mineral County Power System.”
Sec. 80. Section 2 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 12, Statutes of Nevada 1961, at page 11, is hereby amended to read as follows:
Sec. 2. [The] Except as otherwise provided in sections 2 and 3 of this act, the board of county commissioners, hereinafter referred to as the “Board of Managers,” or the “board,” shall have authority to enter into any and all necessary contracts with any person, firm or corporation, either within or without the State of Nevada, for the purchase of electric energy and current; or to purchase any existing light and power line or integral part thereof; or to purchase or construct any necessary telephone lines for use in connection with the Mineral County power system; fix rates or tolls thereon; make any and all rules and regulations necessary and proper for the management, operation and control thereof, and may construct and operate branches or distributing lines, and operate substations, transformers and other electrical appliances under the conditions hereinafter provided; provided, however, that nothing herein contained referring to contracts shall be construed as in any way superseding or repealing the provisions of any of the statutes of this state requiring an advertisement for bids for the purchase of materials and supplies in excess of five hundred dollars, as now required by law, or to permit the board to enter into contracts extending beyond their term of office, save and except contracts for the purchase of power or the sale of power; provided further, that in emergency cases the board, by unanimous resolution and order to be entered upon their minutes and reciting such emergency, may direct the purchase of any necessary materials in excess of five hundred dollars value, required for immediate repair of said system, without advertising therefor; provided also, that all contracts entered into by said board of managers with consumers for power service upon an industrial or commercial basis shall specifically require an advance deposit to be made each month of not less than seventy-five percent (75%) of the estimated cost of power to be used by said consumer during the ensuing month, and shall also require that such advance payment must be made and paid to the county treasurer on or before the tenth day of each month, or the service shall be discontinued; such estimate shall be made by the board upon the recommendation of the engineer or general manager of the system, and be based upon the amount of installed and connected motor equipment and hours of use of said consumer.
The board of managers may also negotiate and enter into loan contracts with the Rural Electrification Administration as authorized by act of the Congress of the United States for the purpose of financing the construction of electrical transmission and generation facilities necessary to the fulfillment of service requirements and responsibilities.
Sec. 81. Section 3 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 36, Statutes of Nevada 1963, at page 33, is hereby amended to read as follows:
Sec. 3. Except as otherwise provided in sections 2 and 3 of this act:
(a) This act contemplates primarily the purchase, distribution and sale of electrical energy by the Mineral County power system as a public utility in the towns of Luckyboy, Hawthorne, Luning, Mina, Candelaria, and Simon, over its lines, and the board of county commissioners are hereby authorized and empowered to maintain and operate said electric lines as a high tension electric power system, and purchase all necessary materials and supplies for use thereon or in connection therewith, and to operate transformers, substations and distributing systems at those points, or at other points to which the system lines may be hereafter extended, but nothing herein shall be construed so as to require or compel said board to maintain and operate said system at any of said points if, in the judgment of said board, as recorded in their minutes, it shall appear that so to do would be uneconomical and likely to result in an operating loss.
(b) Whenever in the unanimous judgment of the board of managers (such opinion and the facts upon which it is based to be set forth in full upon their minutes), it shall appear that an extension of the lines of said system (either primary or secondary, as the same may be defined by the board), would be a profitable investment for said utility and promote the general welfare of the community or section proposed to be served, they may authorize the same to be constructed, and enter into contracts therefor, upon the express conditions that such extension be built by or under the complete supervision and control of such board, and that the cost of such extension and construction as required shall be advanced and paid to the county by the consumer or consumers whom it is proposed to serve, according to line extension rules and regulations filed with and approved by the public utilities commission of Nevada. All customer utility matters in relation to electric service shall be subject to the standard rules and regulations of the public utilities commission of Nevada. The title to all such line extensions shall at all times be in, and remain with, the Mineral County power system, whether the said cost shall have been fully rebated or not, and such extensions shall be considered as part of the Mineral County power system authorized by this act.
(c) The entire cost, including erection and installation of all operating equipment necessary on such line extensions, including transformers, substations, fixtures, lightning arresters and other necessary electrical equipment, shall be borne by the consumer or consumers served, and no part of such cost shall be rebated by the board of managers, either directly or indirectly; provided, however, that with the consent and approval of the board of managers, power may be sold and consumers served from the lines of said system, in cases where line extensions are built and necessary operating equipment installed (all to be of the standard required and approved by such board), at the expense of said consumer or consumers and where the title to such extension and equipment remains in the consumer or consumers, but in every such case, no part of the cost of erection, installation or maintenance shall be paid or rebated, either directly or indirectly, to said consumer or consumers, nor shall such extension with its operating equipment be deemed or considered a part of the Mineral County power system.
(d) The board as a condition precedent to entering into or authorizing any contract providing for extensions of their primary or secondary lines, shall specifically require that all electrical equipment proposed to be installed by such consumer or consumers shall be of the standard type and quality required and approved by the Mineral County power system, and that the erection and installation thereof shall be under the complete supervision and control of said board, and be made in accord with their standard of practice and requirements covering such installations.
(e) If an extension of the system lines (either primary or secondary) to any particular point shall hereafter be built under the foregoing conditions, and it shall subsequently appear to such board that the public convenience of such community or locality would be promoted and served and that it would be a profitable investment if a local distributing system were to be erected and installed thereat, the board of managers upon receiving and filing a petition signed by not less than sixty-five percent (65%) in number of the taxpayers of said community or locality proposed to be served (said percentage to be ascertained by an examination of the assessment rolls for the current year, and covering such community or locality) may, after causing all such facts to appear affirmatively upon their minutes, order the erection and installation of such local distributing system, and of all necessary operating equipment, and the same shall thereafter be a part of the Mineral County power system, but subject nevertheless to the conditions set forth in paragraph (a) of this section as to suspension in case of unprofitable operation; provided, that in the event of an extension of the lines of the Mineral County power system being proposed and authorized to any adjoining county within the State of Nevada, no license or franchise shall be required or exacted as a condition precedent by the board of county commissioners of such adjoining county to the making of such extension, and the authority granted by this act to the county of Mineral to operate the Mineral County power system as a public utility, shall be full warrant for the making of any such extension, and the same shall be exempt from taxation.
(f) It is the express intent of this section that the board of managers may consent to make and contract for line extensions of said system upon the entire cost thereof as above defined, being advanced to the county, and that said cost may be rebated, as hereinbefore provided, but that such line extension shall not be construed to include any transformer, substation or fixtures, lightning arresters or other electrical equipment necessary, no part of the cost of which shall or may be rebated, either directly or indirectly, to such consumer by the county.
Sec. 82. Section 16 of chapter 45, Statutes of Nevada 1921, as amended by chapter 48, Statutes of Nevada 1925, at page 59, is hereby amended to read as follows:
Sec. 16. [The] Except as otherwise provided in sections 2 and 3 of this act, the maintenance and operation of said Mineral County power system shall be under the control, supervision and authority of the board of managers, and rates charged to consumers for sale and distribution of electrical energy and current, and the tolls for telephone service, with the terms and conditions thereof, shall be fixed by said board, subject to the supervision of the public utilities commission of Nevada, who may revise, raise or lower the same. Unpaid charges of said power system for service or materials and supplies rendered or furnished a consumer shall constitute a lien against the property of such consumer, and shall have precedence over all other claims and demands save and except taxes; provided, that upon receiving a certificate from the general manager of such system giving the names of delinquent consumers or ratepayers and the amounts due from each for unpaid service or material or supply bills, prior to the making up of the annual assessment rolls, the county assessor shall place upon said rolls after or opposite the name of such delinquent, the amount so certified to be due, which sum shall be added by the county auditor to the amounts levied as taxes, and the same shall be collected and paid at the same time and in the same manner as taxes, and all the provisions of law applicable to the collection and payment of taxes (either real or personal) and to delinquencies shall apply to the payment of such charges; provided further, that all sums so collected and due to the Mineral County power system shall be credited by the county treasurer to said system, but all sums collected as penalties, interest or costs shall be paid to the county general fund; and provided further, that in the event of payment being made of such delinquent account, with penalties and interest, at any time prior to the final date set for the collection and payment of taxes, credit therefor shall be entered upon such tax-roll by the county treasurer. Such accounts shall be deemed delinquent forty (40) days immediately following the month in which such service was rendered or material furnished, and the penalty for nonpayment shall be fifteen per cent (15%) additional, with three per cent (3%) per month interest thereafter on said total amount until paid, and such penalty and interest shall be added to the amount originally found to be due, when collection is made by the county treasurer; provided, that un-collectable accounts may be ordered stricken from such rolls by the county board of equalization.
Sec. 83. Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:
Sec. 9. 1. This act becomes effective on July 1, 1997 [, and expires]
2. Sections 5 and 5.5 of this act expire by limitation on July 1, 2001
3. This section, sections 1 to 4, inclusive and 6 to 8, inclusive, of this act expire by limitation on July 1, 2003.
Sec. 84. 1. The amendatory provisions of this act that restrict the power of a local government or the Colorado River Commission to expand facilities of or change the services provided by a public utility which provides electric power and which is operated by the local government, do not restrict the ability of a local government or the Colorado River Commission to complete construction on a project for expansion of such facilities or services which is initiated before July 1, 2001.
2. This act does not apply to any expansion or acquisition of facilities for the generation, distribution or transmission of electricity, facilities for the provision of telecommunications service or facilities for the provision of community antenna service pursuant to a written contract executed on or before April 1, 2001.
Sec. 85. This act becomes effective on July 1, 2001, and expires by limitation on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public utilities; prohibiting certain governmental entities from acquiring or expanding facilities relating to the provision of certain services provided by public utilities; requiring the legislative committee to study the distribution among local governments of revenue from state and local taxes to conduct a study and report its findings to the legislature; extending the effective date for certain provisions relating to the legislative committee to study the distribution among local governments of revenue from state and local taxes; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning certain utilities operated by certain governmental entities. (BDR 20‑1243)”.
Senator Townsend moved adoption of the amendment.
Remarks by Senators Townsend, Neal, Titus and Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 123.
Bill read third time.
Roll call on Senate Bill No. 123:
Yeas—21.
Nays—None.
Senate Bill No. 123 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 133.
Bill read third time.
The following amendment was proposed by Senator O'Donnell:
Amendment No. 615.
Amend section 1, page 1, by deleting line 2 and inserting: “the provisions set forth as sections 2 and 3 of this act.”.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend sec. 3, page 2, line 22, after “board;” by inserting “and”.
Amend sec. 3, page 2, by deleting lines 23 and 24.
Amend sec. 3, page 2, line 25, by deleting “(e)” and inserting “(d)”.
Amend sec. 4, page 3, line 13, after “state;” by inserting “and”.
Amend sec. 4, page 3, by deleting lines 14 and 15.
Amend sec. 4, page 3, line 16, by deleting “(d)” and inserting “(c)”.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 4, to read as follows:
“Sec. 4. NRS 631.230 is hereby amended to read as follows:
631.230 1. Any person is eligible to [take an examination] apply for a license to practice dentistry in the State of Nevada who:
(a) Is over the age of 21 years;
(b) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(c) Is a graduate of an accredited dental school or college; and
(d) Is of good moral character.
2. To determine whether a person has good moral character , the board may consider whether his license to practice dentistry in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.”.
Amend sec. 5, page 4, lines 33 and 34, by deleting: “2, 3 and 4” and inserting: “2 and 3”.
Amend the bill as a whole by deleting sec. 6, renumbering sec. 7 as sec. 6 and adding a new section designated sec. 7, following sec. 7, to read as follows:
“Sec. 7. NRS 631.290 is hereby amended to read as follows:
631.290 1. Any person is eligible to [take an examination] apply for a license to practice dental hygiene in this state who:
(a) Is of good moral character;
(b) Is over 18 years of age;
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and
(d) Is a graduate of an accredited school of dental hygiene.
2. To determine whether a person has good moral character , the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.”.
Amend sec. 8, page 5, line 37, by deleting “4” and inserting “3”.
Amend the bill as a whole by deleting sec. 9 and adding a new section designated sec. 9, following sec. 8, to read as follows:
“Sec. 9. NRS 631.345 is hereby amended to read as follows:
631.345 1. The board shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:
Examination fee for a license to practice dentistry $750
Examination fee for a license to practice dental hygiene 150
Application fee for a [specialist] specialist’s license [125] 750
Application fee for a restricted geographical license 750
Application fee for a limited or restricted license 125
Application and examination fee for a permit to administer general anesthesia, conscious sedation or deep sedation.500
Fee for any reinspection required by the board to maintain a permit to administer general anesthesia, conscious sedation or deep sedation250
Annual renewal fee for a permit to administer general anesthesia, conscious sedation or deep sedation100
Fee for the inspection of a facility required by the board to renew a permit to administer general anesthesia, conscious sedation or deep sedation100
Annual license renewal fee for a general dentist [or specialist]............ 300
Annual license renewal fee for a dental hygienist 150
Annual license renewal fee for a specialist 300
Annual license renewal fee for a restricted geographical license300
Annual license renewal fee for a limited license 100
Annual license renewal fee for an inactive dentist 100
Annual license renewal fee for a retired or disabled dentist 25
Annual license renewal fee for an inactive dental hygienist 25
Annual license renewal fee for a retired or disabled dental hygienist25
Reinstatement fee for a suspended license to practice dentistry or dental hygiene200
Reinstatement fee for a revoked license to practice dentistry or dental hygiene500
Reinstatement fee to return an inactive, retired or disabled dentist or dental hygienist to active status200
Fee for the certification of a license50
2. Except as otherwise provided in this subsection, the board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The board shall not charge a nonprofit organization or an agency of the state or of a political subdivision of the state a fee to review a course of continuing education.
3. All fees prescribed in this section are payable in advance and must not be refunded.”.
Amend sec. 10, page 6, line 39, by deleting “3” and inserting “2”.
Amend sec. 10, page 6, line 40, by deleting “3.” and inserting “2.”.
Amend sec. 10, pages 6 and 7, by deleting lines 47 and 48 on page 6 and lines 1 through 3 on page 7, and inserting: “Columbia; and
(c) Is a specialist as identified by the board . [; and
(d) Submits the statement required by NRS 631.225.]”.
Amend sec. 11, page 7, line 20, by deleting “4” and inserting “3”.
Amend sec. 11, page 7, line 21, by deleting “4.” And inserting “3.”.
Amend sec. 11, page 7, line 40, after “Columbia;” by inserting “and”.
Amend sec. 11, page 7, by deleting lines 42 through 46 and inserting: “dental hygiene in this state . [; and
(c) Submits the statement required by NRS 631.225.]”.
Amend sec. 12, page 9, by deleting line 1 and inserting:
“Sec. 12. 1. This section and sections 1 to 9, inclusive, of this”.
Amend sec. 12, page 9, by deleting lines 3 and 4 and inserting:
“2. Sections 10 and 11 of this act become effective on the date on”.
Amend sec. 12, page 9, by deleting lines 15 and 16.
Amend the title of the bill to read as follows:
“AN ACT relating to dentistry; authorizing the board of dental examiners of Nevada to issue certain licenses without examination or clinical demonstrations to dentists and dental hygienists licensed in other jurisdictions under certain circumstances; revising the fee schedule for dentists and dental hygienists; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions pertaining to dentists and dental hygienists. (BDR 54-241)”.
Senator O'Donnell moved that no further consideration be given to Amendment No. 615 to Senate Bill No. 133.
Motion carried.
Senator Rawson disclosed that he is a dentist and his son is in dental school.
Senator O'Donnell disclosed that his daughter is a dental student.
Roll call on Senate Bill No. 133:
Yeas—15.
Nays—McGinness, Porter, Raggio, Rawson, Washington—5.
Not Voting—O'Donnell.
Senate Bill No. 133 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 417.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 646.
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 and 2 following the enacting clause, to read as follows:
“Section 1. 1. There is hereby appropriated from the state general fund to the state distributive school account:
For the fiscal year 2001-2002 ………………………………$306,000,000
For the fiscal year 2002-2003 ………………………………$306,000,000
2. The money appropriated by subsection 1 must be added to the money that is otherwise allocated to school districts from the state distributive school account in the 2001-2003 biennium to ensure that the total amount of money expended per pupil in each fiscal year of the 2001-2003 biennium is equal to or exceeds the most current national average for the total amount of money expended, by state and local governments combined, per pupil in kindergarten through grade 12.
Sec. 2. This act becomes effective upon passage and approval.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, An effective public school system relies significantly upon the financial support of both state and local governments; and
Whereas, The Nevada Plan seeks to ensure that each Nevada child has a reasonably equal educational opportunity by setting for the state’s financial obligation for education as the difference between the school district basic support guarantee and the local funds available for public schools; and
Whereas, The costs incurred by the school districts in this state to provide educational services and programs to pupils enrolled in public schools continue to rise, and meeting those substantial costs requires a strong partnership between both state and local governments that includes significant financial contribution by both; and
Whereas, Current estimates indicate that the statewide average amount of money expended per pupil, by state and local governments combined, is approximately $900 below the most current national average for the total amount of money expended, by state and local governments combined, per pupil in kindergarten through grade 12; and
Whereas, Current estimates indicate that approximately 340,000 pupils are enrolled in public schools in this state; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to public education; making an appropriation to the state distributive school account to ensure that the amount of money expended per pupil meets or exceeds the national average; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to state distributive school account to ensure that amount of money expended per pupil meets or exceeds national average. (BDR S-968)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Senator Rawson moved that Senate Bill No. 417 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Rawson.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
GENERAL FILE AND THIRD READING
Senate Bill No. 305.
Bill read third time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 638.
Amend the bill as a whole by deleting sections 1 through 26 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Legislative Commission shall appoint a committee of six legislators, consisting of three members of the Senate and three members of the Assembly, to conduct an interim study concerning programs of education and counseling for pupils who are at risk of dropping out of school and using drugs.
2. The committee shall include, without limitation, the following topics in its study:
(a) An overview, evaluation and analysis of research-based programs of education and counseling that have proven effective with pupils who are at risk of dropping out of school and using drugs, including, without limitation, “Reconnecting Youth,” which is produced by the National Education Service; and
(b) An examination of the possible options for funding such programs.
3. In addition to the duties prescribed in subsection 2, the committee shall provide for the dissemination of information to local school districts regarding the programs that are a part of its study, including, without limitation, information concerning “Reconnecting Youth,” which is designed for at-risk youth to increase school performance and prevent drug abuse, school dropout, depression and suicidal behavior.
4. Any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate appointed to the committee and a majority of the members of the Assembly appointed to the committee.
5. The Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 72nd session of the Nevada Legislature.
Sec. 2. This act becomes effective on July 1, 2001.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, This state has a vital interest in ensuring that its pupils refrain from engaging in behaviors which put them at risk of dropping out of school and using drugs; and
Whereas, The failure to identify and implement appropriate means of intervention in these patterns of behavior could result in the tragic and costly loss of these pupils as productive members of our society; and
Whereas, The timely identification and implementation of effective programs for the assistance of these pupils would substantially improve their chances of finishing school, avoiding entanglements with drugs and the criminal justice system and fulfilling their potential in life; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; requiring the Legislative Commission to appoint a committee to conduct an interim study of and disseminate information regarding programs for pupils who are at risk of dropping out of school and using drugs; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Legislative Commission to appoint committee to conduct interim study of and disseminate information regarding programs for certain at-risk pupils. (BDR S‑263)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Senator Rawson moved that Senate Bill No. 305 be re-referred to the Committee on Legislative Affairs and Operations upon return from reprint.
Remarks by Senator Rawson.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Legislative Affairs and Operations.
Senate Bill No. 211.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Senate Bill No. 211:
Yeas—21.
Nays—None.
Senate Bill No. 211 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 216.
Bill read third time.
Roll call on Senate Bill No. 216:
Yeas—21.
Nays—None.
Senate Bill No. 216 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 273.
Bill read third time.
Roll call on Senate Bill No. 273:
Yeas—19.
Nays—Neal, O'Connell—2.
Senate Bill No. 273 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 274.
Bill read third time.
Roll call on Senate Bill No. 274:
Yeas—21.
Nays—None.
Senate Bill No. 274 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 303.
Bill read third time.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 303:
Yeas—19.
Nays—Neal.
Not Voting—Porter.
Senate Bill No. 303 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 394.
Bill read third time.
Roll call on Senate Bill No. 394:
Yeas—21.
Nays—None.
Senate Bill No. 394 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 412.
Bill read third time.
Roll call on Senate Bill No. 412:
Yeas—21.
Nays—None.
Senate Bill No. 412 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 424.
Bill read third time.
Roll call on Senate Bill No. 424:
Yeas—21.
Nays—None.
Senate Bill No. 424 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 498.
Bill read third time.
Roll call on Senate Bill No. 498:
Yeas—21.
Nays—None.
Senate Bill No. 498 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 503.
Bill read third time.
Roll call on Senate Bill No. 503:
Yeas—21.
Nays—None.
Senate Bill No. 503 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 513.
Bill read third time.
Remarks by Senator Townsend.
Senator Townsend requested that his remarks be entered in the Journal.
In addition to my other remarks regarding the importance of Senate Bill No. 513 respecting public access to disciplinary matters, I want to clarify the purpose of the rest of the bill. There are presently 32 occupational licensing boards. These boards were established at various times over the years. Because the boards were not all created at the same time, certain variations in language have occurred even when the underlying intent of the provisions was the same.
A prime example is the authorization to recover costs of disciplinary proceedings. It has always been the intent of the Legislature to allow licensing boards to recover all the amounts they expend to impose discipline. If this were not the case, some of these boards, particularly the ones regulating less populous professions, might find themselves unable to discharge their primary function, namely protecting the public interest because the cost of bringing a disciplinary proceeding might be too great to afford.
These boards do not receive General Fund money. Fees charged to practitioners in each profession must defray all their operational expenses. If the boards were forced to pass the costs of disciplinary proceedings on to practitioners, the financial burden could overwhelm the smaller professions. Many of these proceedings cost thousands of dollars to conduct. Attorneys are needed not only to prosecute the cases on behalf of the board and in the public interest but also to handle appeals to the courts.
Many of the chapters creating the older boards referred to cost recovery in general terms, using the term “costs” to encompass all aspects of the proceedings. When used in this manner, our intent was to cover all costs, including investigative costs, court reporter fees and other administrative fees such as service of process charges for subpoenas as well as attorney’s fees.
More recently, our statutory language drafting has become more precise, and we have begun to specify individual types of fees and charges. However, this greater precision does not reflect a difference in underlying intent regarding recovery of those costs. It always has been, and still is, our intent to allow boards to recover all the reasonable and necessary costs of imposing discipline. Having spent my entire 18 years of legislative service on the Senate Committee on Commerce and Labor where these board bills are processed, and for many of those years having the privilege of chairing that committee, I can speak with direct knowledge respecting our intent. Additionally, our committee has been remarkably stable over these many years, and most of my colleagues on that committee have served an equally long period of time.
It is necessary to make these observations because it has come to our attention that the courts have in some instances interpreted the differing language respecting cost recovery in the various occupational licensing chapters to indicate a different intent. Specifically, the courts on occasion have held that the use of the term “costs” in some chapters and the use of the term “costs and attorney’s fees” in others manifests a legislative intent to limit the recovery of some boards to administrative-type costs to the exclusion of attorney’s fees. As I have just noted, this has never been the intent of the Legislature. There would be no rational basis to authorize recovery of all costs, including attorney’s fees, for one board and to limit another to administrative costs only. The purpose for conforming all the cost recovery provisions for all the boards in Senate Bill No. 513 is to clarify this point. However, to express our long-standing intent and to provide guidance to the courts on this issue, I respectfully request that my remarks be entered into the record.
Roll call on Senate Bill No. 513:
Yeas—21.
Nays—None.
Senate Bill No. 513 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 516.
Bill read third time.
Remarks by Senators Care and Townsend.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 516:
Yeas—17.
Nays—Carlton, Titus, Wiener—3.
Not Voting—Porter.
Senate Bill No. 516 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 520.
Bill read third time.
Remarks by Senators O'Donnell, Neal, Titus, O'Connell and Raggio.
Roll call on Senate Bill No. 520:
Yeas—18.
Nays—Mathews, Neal, O'Connell—3.
Senate Bill No. 520 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 523.
Bill read third time.
Roll call on Senate Bill No. 523:
Yeas—21.
Nays—None.
Senate Bill No. 523 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 535.
Bill read third time.
Roll call on Senate Bill No. 535:
Yeas—21.
Nays—None.
Senate Bill No. 535 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 539.
Bill read third time.
Roll call on Senate Bill No. 539:
Yeas—21.
Nays—None.
Senate Bill No. 539 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 558.
Bill read third time.
Roll call on Senate Bill No. 558:
Yeas—21.
Nays—None.
Senate Bill No. 558 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bill No. 580 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Senator Raggio moved that the Senate recess until 12:10 p.m.
Motion carried.
Senate in recess at 11:36 a.m.
SENATE IN SESSION
At 12:23 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 238.
Bill read third time.
Roll call on Senate Bill No. 238:
Yeas—21
Nays—None.
Senate Bill No. 238 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 357.
Bill read third time.
Roll call on Senate Bill No. 357:
Yeas—16.
Nays—Care, Carlton, Titus, Wiener—4.
Not Voting—Shaffer.
Senate Bill No. 357 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 425.
Bill read third time.
Roll call on Senate Bill No. 425:
Yeas—17.
Nays—Care, Mathews, Titus, Wiener—4.
Senate Bill No. 425 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolutions Nos. 7, 17.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Huffaker Elementary School: Hannah Addison, Kevin Bassney, Matt Carrera, Amanda Casey, Gregory Christopher, Sammy Coonrad, Collin Davis, Kurt Egghart, Gevna Francis, Cara Fundin, Cheyenne Gott, Alexa Guglielmo, Jake Hess, Brendan Hill, Kevin Langley, Pat Mclarky, Anna Mestre, Morgan Murphy, Austin Smith, Bocce Stoever, Clee Thuong, Randy Velasco, Daniel Wells, Rachelle Wright, Cody West, Alyssa Wagner, Marnah Boley; chaperones: Gina Guglielmo, Linda Wright, Greta Mastre; teachers: Ms. Gregory and Mrs. Berg.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Nevada Leadership Academy: Abigail Hart, Andre City, Jessica Reynolds, Zachary Silva, Leloni Atoigue, Greg Pheasant, Destiny King, Breanna Edwards, D’Marshae Vann, DeShan Carey, Chris Weathers, Yvonne Carey, Alex Vandevert, Beh Dakota, Autraya Chatman, Terrance Carthen, Roman Kea, Nicole West, Dexter Vann, Elisabeth Jones, Amber Gutke, Alphonso Hamilton, Tanaia Felton, Shyla Pheasant, Bianca Flore and teacher: Kimberly Fowler.
Senator Raggio moved that the Senate adjourn until Monday, April 30, 2001 at 11 a.m.
Motion carried.
Senate adjourned at 12:31 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate