THE ONE HUNDRED AND FOURTEENTH DAY
Carson City(Tuesday), May 29, 2001
Senate called to order at 12:48 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Albert Tilstra.
Our Father, give us the faith to believe that the words now spoken, and the yearnings of the hearts now open before You, are heard and understood in Your presence.
We, the members and officers and servants of this body, unite our petitions for Your blessings, Your guidance and Your help, that we faithfully may do what is best for the people and what is right in Your sight. Give to these, Your servants, the representatives of the people of this State, the will to work together as a team for the welfare of all our people.
Give them courage to withstand the pressure of the fast approaching deadlines of this session. Give them the vision to see that sacrifice must be shared by all, that there is no substitute for hard work and no joy in unmerited reward.
May we fear nothing, save that, knowing what is right, we fail to do it. So help us God.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which were referred Assembly Bills Nos. 285, 454, 531, 598, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which were referred Senate Bills Nos. 445, 449, 459; Assembly Bill No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which was re-referred Senate Bill No. 295, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 28, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 299, 504, 522, 536, 543.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 63, Amendment No. 1047; Senate Bill No. 216, Amendment Nos. 993, 1114; Senate Bill No. 261, Amendment No. 1063; Senate Bill No. 286, Amendment No. 893; Senate Bill No. 357, Amendment Nos. 1135, 1143; Senate Bill No. 399, Amendment No. 880; Senate Bill No. 401, Amendment No. 774; Senate Bill No. 489, Amendment No. 859; Senate Bill No. 539, Amendment No. 1110, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 38.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 902 to Assembly Bill No. 27; Senate Amendment No. 903 to Assembly Bill No. 37; Senate Amendment No. 904 to Assembly Bill No. 82; Senate Amendment No. 1039 to Assembly Bill No. 383; Senate Amendment No. 818 to Assembly Bill No. 395; Senate Amendment No. 908 to Assembly Bill No. 417; Senate Amendment No. 990 to Assembly Bill No. 428; Senate Amendment No. 981 to Assembly Bill No. 468; Senate Amendment No. 982 to Assembly Bill No. 469; Senate Amendment No. 900 to Assembly Bill No. 574; Senate Amendment Nos. 989, 1032 to Assembly Bill No. 650.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 1044 to Assembly Bill No. 133; Senate Amendment No. 912 to Assembly Bill No. 305; Senate Amendment No. 1081 to Assembly Bill No. 370; Senate Amendment No. 910 to Assembly Bill No. 466; Senate Amendment No. 926 to Assembly Bill No. 653.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 116, Assembly Amendment No. 884, and requests a conference, and appointed Assemblymen Leslie, Manendo and Gibbons as a first Conference Committee to meet with a like committee of the Senate.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, May 29, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 39.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 38.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Assembly Concurrent Resolution No. 39—Commending the Chief and staff of the State Printing Division of the Department of Administration for services rendered to the Nevada Legislature.
Whereas, Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long and hard to meet the needs of the 71st session of the Nevada Legislature, and their efforts have ensured timely and efficient printing of all bills, resolutions, histories, indices, and journals; and
Whereas, The work produced by the State Printing Division continues to meet the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devote to every assignment given to them; and
Whereas, The departments of the printing office, including composition, offset, bindery and office staff, have set and achieved these high standards under the direction of Chief Bailey; and
Whereas, Without such outstanding service and continued cooperation from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L. Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication, cooperation and exceptional work; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., Chief of the State Printing Division of the Department of Administration.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Titus and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. We do this resolution every session with our members in the Assembly to show our appreciation to the State Printing Division. It is remarkable what they do for us through this process especially now with the established deadlines that we have to meet.
We take action on the floor, and the wonderful ladies and staff that we have at the front desk translate what we do and make it seem orderly. We amend bills all of a sudden out of people’s drawers, and somehow, they end up being reprinted almost immediately. We wonder how this happens. It is remarkable how much dedication and capability is needed in the State Printing Division to accomplish not only our needs but the needs of the Executive Branch, the Judicial Branch, all of the agencies and commissions whose needs they serve. We are aware, during the Legislative Session, like many others, who are part of this process, the State Printing Division, without asking for a lot, puts in a lot. For example, last night our ladies at the front desk worked until 1:30 a.m. because we had so much to process, and the State Printing Division was there until 4 o’clock this morning and making deliveries at 5:00 a.m.
The resolution has a lot of flowery language, but it does not give enough recognition to all they do for us. This is a simple way.
This is in lieu of a raise, to offer our thanks and our accommodation for all of your work. It is, indeed, a pleasure for us, today, to pause for a moment and tell you two things: (1) your work is appreciated and (2) you “ain’t” done yet. We appreciate the State Printing Division very much.
Senator Titus:
Thank you, Madam President. I too rise in support of this resolution and want to thank the State Printing Division. There was a bill earlier this session to privatize the State Printing Division, and we wisely rejected that measure because of the great job they do. I cannot imagine anybody whom would work longer hours, do a better job with so little reward, than you all do. This session, I am especially grateful to you, though, because of the good job you did printing the Tartan bill. Apparently, this is only the second time in history; the first time was with the State seal, that you printed a bill with color. I want to thank you, and remind everyone to look in their books and see what a good job the State Printing Division did on the colored bill, as well as the regular bills.
Senator Jacobsen:
Thank you, Madam President. I’d be remiss if I did not say a few words, mostly because I promised lunch about two years ago and haven’t gotten around to it. Let me indicate to you, years ago, we had a gentleman here that I am reminded of this morning by the name of Amos Buckner. He would hand carry the work from the Legislature, the old building, over to the printing office then carry it back. One of the greatest assets this body has is the State Printing Division, no doubt about that. I have visited a few other states where they have privatized it, and it just does not work that well. We tried it here one time. We sent everything to Reno, and we had to wait for a couple days to get it back.
What we have today is to be admired and appreciated. You who have a few minutes should walk over there and take a tour and see what type of operation they have. They are to be commended.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
REMARKS FROM THE FLOOR
Senator Raggio requested that the remarks of Mr. Don Bailey be entered in the Journal.
Donald L. Bailey, Sr.:
Through you to the members of the Senate, we, the Nevada State Printing employees, wish to express our thanks for this recognition today. We would also like to thank you for all your hard work during the 71st Legislative Session. We wish you well during the remainder of this session.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 582—AN ACT relating to governmental administration; revising the date after which the remaining balance of an appropriation to the Legislative Committee on Public Lands must not be committed for expenditure; requiring the Interim Finance Committee to distribute to Douglas County a portion of an appropriation for the China Spring Youth Camp; requiring Douglas County to submit to the Interim Finance Committee quarterly reports and a final accounting concerning a portion of that appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 428.
Bill read third time.
Roll call on Senate Bill No. 428:
Yeas—21.
Nays—None.
Senate Bill No. 428 having received a constitutional majority, Madam resident declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 444.
Bill read third time.
Roll call on Senate Bill No. 444:
Yeas—21.
Nays—None.
Senate Bill No. 444 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 451.
Bill read third time.
Roll call on Senate Bill No. 451:
Yeas—21.
Nays—None.
Senate Bill No. 451 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 452.
Bill read third time.
Roll call on Senate Bill No. 452:
Yeas—21.
Nays—None.
Senate Bill No. 452 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 462.
Bill read third time.
Roll call on Senate Bill No. 462:
Yeas—21.
Nays—None.
Senate Bill No. 462 having received a constitutional majority, Madam resident declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 464.
Bill read third time.
Roll call on Senate Bill No. 464:
Yeas—21.
Nays—None.
Senate Bill No. 464 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 491.
Bill read third time.
Roll call on Senate Bill No. 491:
Yeas—21.
Nays—None.
Senate Bill No. 491 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 494.
Bill read third time.
Roll call on Senate Bill No. 494:
Yeas—21.
Nays—None.
Senate Bill No. 494 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 578.
Bill read third time.
Roll call on Senate Bill No. 578:
Yeas—20.
Nays—O'Connell.
Senate Bill No. 578 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 234.
Bill read third time.
Roll call on Assembly Bill No. 234:
Yeas—21.
Nays—None.
Assembly Bill No. 234 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 235.
Bill read third time.
Roll call on Assembly Bill No. 235:
Yeas—21.
Nays—None.
Assembly Bill No. 235 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 273.
Bill read third time.
Roll call on Assembly Bill No. 273:
Yeas—21.
Nays—None.
Assembly Bill No. 273 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 447.
Bill read third time.
The following amendment was proposed by Senator Townsend:
Amendment No. 1146.
Amend sec. 12, page 3, line 9, after “who” by inserting “willfully”.
Amend sec. 13, page 3, line 26, after “who” by inserting “willfully”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Senator O'Connell disclosed that her husband is on the board of a bank and her son is in the banking business.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 641.
Bill read third time.
Roll call on Assembly Bill No. 641:
Yeas—21.
Nays—None.
Assembly Bill No. 641 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 27.
The following Assembly amendment was read:
Amendment No. 861.
Amend section 1, page 1, line 5, by deleting “20-point” and inserting “14‑point”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 27.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 38.
The following Assembly amendment was read:
Amendment No. 825.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 6 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 186, Statutes of Nevada 1995, at page 310, is hereby amended to read as follows:
Sec. 6. 1. Each member of the board shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at the authority’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.
2. No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authority’s business.
3. Each member of the board is entitled to receive $560 per month.
4. A former member of the board may not:
(a) Enter into, submit a bid for or have a pecuniary interest in a contract with the authority; or
(b) Be employed by the authority,
until 1 year after the termination of his service on the board.
5. For the purposes of this section, “financial interest” means:
(a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested person’s household.
(b) Income amounting to 10 percent or more of the gross income of the interested person.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:
“Sec. 4. The prohibition set forth in subsection 4 of section 6 of chapter 74, Statutes of Nevada 1977, as last amended by section 2 of this act, applies to members of the board of trustees of the Airport Authority of Washoe County who are serving on or after July 1, 2001.”.
Amend the title of the bill, second line, after “trustees;” by inserting: “prohibiting a former member of the board from entering into, bidding on or having a pecuniary interest in a contract with the authority or being employed by the authority until 1 year after the termination of his service on the board;”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 38.
Remarks by Senator O'Connell.
Conflict of interest declared by Senator Mathews.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 61.
The following Assembly amendment was read:
Amendment No. 729.
Amend sec. 5, page 9, line 46, by deleting “[is at” and inserting “is [at”.
Amend sec. 9, page 13, line 10, by deleting “In” and inserting: “Except as otherwise provided in this subsection, in”.
Amend sec. 9, page 13, line 15, after “work.” by inserting: “If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.”.
Amend sec. 14, page 16, line 48, by deleting “In” and inserting: “Except as otherwise provided in this subsection, in”.
Amend sec. 14, page 17, line 4, after “project.” by inserting: “If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 61.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 133.
The following Assembly amendment was read:
Amendment No. 975.
Amend sec. 3, page 2, line 39, by deleting “chapter” and inserting “section”.
Amend sec. 4, page 4, line 18, by deleting “chapter” and inserting “section”.
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
“Sec. 4.5. 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 the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:
“Sec. 7.5. NRS 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. 10, page 7, line 19, by deleting “chapter” and inserting “section”.
Amend sec. 11, page 8, line 49, by deleting “chapter” and inserting “section”.
Amend sec. 12, page 9, line 1, by deleting “7” and inserting “7, 7.5”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 133.
Remarks by Senators Raggio, Rawson, O'Donnell, Neal, Carlton and Shaffer.
Senator Rawson requested that the following remarks be entered in the Journal.
Senator Raggio:
Madam President, I voted against this measure because I think it deprecates the system of professionalism in the practice of dentistry. It certainly is against the wishes of those who regulate the practice of the profession in this State and against the wishes of those who engage in the practice of dentistry. I will vote “not to concur.” I request a roll call vote on this measure.
Senator Rawson:
I would like to say a few words because a lot of people have asked me to comment. I have a fair amount of pressure from my profession to say some things.
This is a difficult issue. I am not sure this is the best way to take care of it. There is room for reasonable people to have different opinions regarding the best way to solve their problems. There is a shortage of dentists in Nevada. It is not a statewide shortage, and it does not affect every area the same way. The national average for dentists is 1,700 patients to 1 dentist. We have areas such as Hawaii and San Diego where the ratio is below 1,000 to 1. In northern Nevada it is 1,700 to 1. Reno and Washoe County experience no real shortage of dentists. In rural Nevada, it is 4,100 to 1. In southern Nevada it is 3,100 to 1. It is partly because of that problem that we have faced many dental issues during the last few sessions.
The problem is not as simple as saying there is a shortage. The poor are disproportionately affected by this problem. We find that 80 percent of the dental problems in our State are really being seen in 20 percent of the population. Basically, it is a problem where the indigent, the poor and the uninsured have no real access to dentists. Beyond that, there are a number of groups who find it difficult to employ dentists to handle their needs. We have the self-insured, the managed care organizations, closed panels, a number of big insurance providers and others who have a difficult time finding dentists to handle their membership.
What is the solution to this problem? There is a public health solution for the poor. That is why, in this session, we have seen a bill pass this house for a dental health officer and a public health dental hygienist, and in past sessions, we have funded the dental residencies. It is why we have created special laws to favor the federally qualified health centers, and why we have had discussion about a dental school to fund the development of our own dentists within the State. There is also a number of rural health initiatives promoted to encourage dentists to practice in rural areas. This is a difficult problem to solve.
The WICHE program now has 10 dentists funded, and it directs them toward the rural areas. We have rural health initiatives and limited licenses which have been approved. With all of that, we still have a problem in Nevada. This issue has come up this session because there still is a problem. There are some other things we could do. We could increase the fees for dentistry or the salary that is paid to a dentist. There is nothing like having an adequate income to drive the solution. We could also increase the number of dentists. That is what this measure is directed to solve. I am not certain that this is the most proper way to achieve the answer. It really breaks convention. We will have dentists come into this State, but it is not a true reciprocity. The dentists in this State cannot go into any other state. But other dentists will be able to come here. There are some safeguards in that. They have to have a track record. There cannot be any blemishes against their license. We have broken the convention of being able to have a profession really examine and carefully license the dentists who come into this State. Because of that, it is clear-cut to not concur on this bill is likely to kill the bill. As the bill goes into conference, it is not likely a conference amendment will make any progress in trying to change this situation. As we go forward, I would ask the body to be lenient if they hear about regulations that have to be developed during the interim to see that there is some protection. I do not think that this will solve all of the problems. We have to observe this carefully, and we have to be ready to come in here as a body and correct what may well be an error in our judgment at this time.
There is a sunset for this bill in four years. It is geared to phase this measure out as the dental school produces more dentists. The reality is we may have problems before that, and we have to be prepared to act on them.
I do not know if I have answered the questions people might have about my stand on this issue. I have tried to mediate in the sense of trying to keep the sides talking. I do not think this is a perfect solution. I do not think it is the end of the world, but I am disappointed that we cannot arrive at a better solution.
Senator O'Donnell:
Thank you, Madam President. As we deliberate in these halls, we realize there are several shortages in this State. There is a shortage of teachers, and we fund an educational institution to teach teachers how to be teachers. There is a shortage of nurses, and there is a WICHE program, and there is an institution in this State to teach nurses how to become nurses. There is a shortage of mental health professionals, and we have a WICHE program which helps with that in terms of tuition supplements for students who want to go into the mental health profession. Would we ever consider lowering the standards of certification for teachers to accommodate the shortage? Would we ever consider allowing nurses to take a fast-track program in order for it to be more accommodating, financially, to be able to come to this State to become nurses? The same holds true with mental health professionals.
This is an economic issue. Someone is going to gain and someone is going to lose. This measure is going to swing the balance of the quality of care into a financial cost of savings. Someone will be able to pay less for dental care, and someone will have less quality of care. That is what this measure boils down to.
Like my good friend, the Senator from District 6 stated, “This breaks a precedent.” We set up these boards for a reason because peers determine peer quality. Physicians determine who is qualified to be a physician. Dentists determine who should be qualified to be a dentist. Lawyers determine who should be qualified to practice law. Now, with just a mere motion and a bill, the Legislature is going to determine who can practice dentistry. I, personally, do not think this is right. This would benefit my family, and yet, I am against it because of the issue of the quality of care.
I might have had a conflict on this bill, but because I am against this measure, I am thinking of the State in terms of its constituency and not my own personal gain. This is a measure that should be changed or worked on. I hope we would not concur in this measure.
Senator Neal:
I rise in support of the bill. One of the benefits of being an old legislator is that you can draw on the history of the things that have gone by. I can recall in 1973, in my first session here, we had a problem with the medical profession. Doctors were not bringing in the equivalent number of doctors to treat the public. Someone came forth with an acupuncture bill. The rush was on to prevent those who practice acupuncture from coming into the State. At that time, the medical profession was a very closed profession. As it has been indicated here, by one of the Senators from the south, it was the doctors who permitted the doctors to come into the State. They placed a limit on the number of doctors who were coming into the State. As a result, the public’s medical care began to suffer. The only way that the Legislature could deal with that was by enacting its power of countervailance to that profession allowing others to come into the State. As a result, we got the acupuncturists and many others groups to come to this State to practice medicine.
The action of the Legislature also leads to the establishment of reciprocity. Look at the dental profession and see what is happening. In my district, we have children school ages, eight, nine, and ten-year-olds and some in their teens, who have never seen a dentist. We did have one project. It was a federally funded project in my district, but for some reason that project disappeared. Individuals came to this Legislature seeking funding to carry on that project to treat children of parents who did not have the ability to pay for dental care, but they were unsuccessful. I wish some of you could have seen the pictures on the wall of the teeth of some of those children. Their mouths were rotting out at 10 years of age. But yet, we cannot get any dentists to come and treat any of those children. We have a group of doctors who leave this country every year. They go to Latin America and other foreign countries to treat people. They are called “Doctors without Borders.” Even my ophthalmologist is a part of that group that goes to Latin America to treat people. We do not have that treatment for dental care in this State. In my district, it is awful to see the children who have not been able to go to a dentist and to see their teeth rot at such an early age. The proposal we have before us, today, is a countermeasure to that. The dentists do not want it. When the Legislature sees that there is a problem, the Legislature is within its constitutional duty to provide an act of countervailance to the problem. This is what we are attempting today. It is a countervailance action to the lack of dentists coming in to this State and the poor dental health being suffered by the people of this State.
There is a tremendous problem in certain areas of southern Nevada. I know we do not have the problem, as has been indicated, here in the north. The north does not have the growth that we have in southern Nevada. The dentists have not allowed those individuals to come in who have graduated from medical school, who take the national dental examination and are qualified to practice anywhere within these United States, including the State of Nevada. Just because a dentist goes to school in New York, California, or Arizona does not mean that the dentist does not qualify to practice here. If this was the case, we would not have any dentists because all of the dentist got their training outside of the State.
I have talked to Senator Rawson on several occasions about having dentists come. They have had a difficult time getting past the clinical examination, not the written examination. Three dentists judge an applicant as to whether or not a filling was done correctly. If one of the three decides it was not done correctly, the applicant does not pass the dental examination. It takes just one out of three to fail an applicant. There is no recourse if the applicant feels such judgment was wrong. This is absolute control of who comes into the dental program.
It is this type of action that produces this type of bill and the need to countervail this type of activity. It is in the interest of our children to pass such legislation. It is needed, and it sends a message to the dental profession that it has to change. The dental profession, through its board, denies others from its profession in order to afford the maximum profit to those in practice. We have put the sunset in this bill to take a look at it later to see what this profession has done. Ladies and gentlemen of the Senate, please do not turn this down, because what you are doing, now, is to allow many children and others to have inadequate dental care or none at all. The dental profession is not acting according to their oath of office. If they did, we would not have this legislation before us today. Let the sunset run, then we will come back and take a look at, and if they have not done the job, then we will take it up from there.
Senator Raggio:
Madam President, I am not a dentist, but I cannot sit here and let that kind of diatribe occur with respect to the dental profession in this State. I would do a great disservice to my late wife, who served 20 years as the lay member on the Board of Dental Examiners in this State. I may not change anyone’s opinion on this, but I want to tell you something, we are not doing any service to the little children or the people of this State, by opening the door for less than qualified professionals to come in and practice dentistry in this State. This isn’t merely breaking precedent. This is an affront to those of our citizens who have taken the time, given the years, the dedication, to achieve a professional license to practice dentistry or dental hygiene in this State. It covers both and says to the profession of dentistry in this country that, this is an easy state to get into. Look what you are doing in this bill. It sounds great. Maybe it helps some people, they think, but we are doing a great disservice not only to this profession but also to professionalism as a whole in the State of Nevada. We are sending the signal a dentist can merely pass some board questions, answer a few questions, but does not have to demonstrate or take a clinical examination and does not have to be able to fill teeth properly. What kind of a message are we sending out of this Legislature?
I have not been riled up too much this session, and it isn’t just the memory of my late wife who used to come home from these dental examinations and say, “Bill, this State, because of our growth, has a lot of dentists who want to come here from other states.” She got pretty good at looking at whether or not a tooth was filled properly, or dentures were made properly. She said, “You cannot believe what I see. These are licensed dentists from other states who come here, but their work is shabby. I can’t believe they were dentists in other states.”
To suggest that the boards we have, and the dedication that I know exists on these boards, are wrong or doing something against their oath is just completely inane. That is not the case. We know there is, in every profession, someone who violates the rules and has to be taken to censure. The dentists I know and you know in this State are by and large professional people who are dedicated, and those who serve on these boards of dental examiners are people who give their time and effort. They are not out there to stifle competition. They are there to ensure there is quality of care in dentistry, the same as we do in medicine and every other health science that requires a license. I, as a lawyer, would deem it a complete affront for you to suggest that somehow we are trying to keep out the competition, and that we do not want qualified dentists, lawyers, or whatever here.
We may go ahead and we may concur, but you are opening the door to a lot of travesty and you are demeaning the profession of dentistry. You are opening the door to saying we do not care about the quality of those who treat our children, fill their teeth or make dentures for those who need them. This is a disgrace. It is the worst message we could send out of this Legislature. It may satisfy some of your friends in some union or something else, but you are disgracing the State of Nevada and lowering the standards for those who practice the profession of dentistry. I will vote to not concur. If I am the only one in the Legislature who votes not to concur, and I have no interest otherwise, I am not going to let the memory of my wife who sat there and watched this be taken in this fashion and be shattered. This is a disgrace. It is an affront to the profession of dental practice and to those who have gone down the trail, spent the time learning, practicing, and preparing and have given their life and their dedication to this profession in this State.
Senator Carlton:
Thank you, Madam President. Being the person in this body who has worked very hard on this issue, I understand all of the concerns that I have heard, and I respect a lot of those concerns. I would like to share with you that I have children in this State, and I am very concerned about their dental care. I would not work as hard as I have on this issue if I thought, in any way, I would be compromising their care or any other child’s care. If a dentist is in my mother’s home town and he is good enough to treat my mother and my nieces and nephews and he would like to relocate here and treat my children and children’s friends, I believe he has an opportunity to come into this State and do so. The safeguards are still in the bill. The board still has all the oversight over the dentists coming in that they need. They will be under the same regulations and under the same discipline. I truly believe this body, when it passed this bill, put in a good amount of safeguards. I believe the concurrence of the Assembly down the hall when they voted it out did the same. They saw the problem. They saw an answer they thought would be a good answer to this particular problem. They recognized the safeguards, and they voted on it, bipartisan, statewide, all over the board, on this particular bill. For anyone to think that I would ever want to lower standards for dentists, I do not. I am here to make sure that children can have access to dental care. Believe me, after the time and energy that I have put into this particular issue, I will be watching this issue for a very long time, and I will be working hard with the board and the association on this issue.
Senator Shaffer:
Thank you, Madam President. I have a few words to say, because it has been debated for many weeks, months actually, but this is about the eighth or ninth time I have brought this issue before this Legislature. I would like to let everyone know that everyone practicing dentistry in the State of Nevada was educated somewhere else. They were not educated in Nevada. My colleague, who is a dentist, wasn’t educated in Nevada. These people coming into Nevada have been practicing dentistry for five years or more without complaints. If they had a complaint, they could not come to this State. Wherever they practiced, they passed the boards and they also took the clinical part of the test.
There are a lot of scare tactics taking place right now because this is an important bill to a lot of people. It is important to the rural communities and to southern Nevada where there is a demand for dentists. You cannot get an appointment for 90 days or longer. It is sinful. There has to be an answer to this question. We could debate this forever, but let us get this out of the way, and let’s get dentists in Nevada like there should be. These people are not incompetent. There are more complaints about dentists in Nevada than there are in several other states. Everyone has a complaint, but these people cannot come here if they have one complaint. They are going to be watched over for years before they can even begin to practice outside of the rural counties and in areas where no dentists want them, where there is no competition for the existing dentist. There are a lot of scare tactics taking place. Don’t believe it. Vote to have these dentists come into this State.
Senator Neal:
Thank you, Madam President. Since I have been here, I have never tried to personalize any particular issue. When I speak to an issue on this particular floor, it is because I perceive that there is a problem. We may be wrong, others might misunderstand us, but in this particular situation, there is a problem. I see this measure as a cure. I will not repeat what Senator Shaffer has said about the training of dentists in this State. We do not have a dental school. The dentists come from somewhere else. We have to get beyond the problem and look at what the issues are. The issues in this particular case are about dental care for the citizens who need it in southern Nevada. I do not have to tell you about the tremendous amount of growth we have had in this particular area, and along with that growth have come children and people who are in need of this particular service. I am not addressing this issue because, as some have said, this is a union-type issue. It does not matter to me whether it is a union–type issue. It is a problem that deals with the health care of the people I represent. I have an obligation in this Legislature to stand and speak to that. It is what I am doing in terms of this particular bill. I hope those who live in southern Nevada would recognize this problem and try to help us to do something about it.
Senator O'Donnell:
Thank you, Madam President. I wanted to address some of the comments made by some of my colleagues, who have a pure intent in establishing this measure. However, I do think it is flawed. Let me make some of the counter arguments regarding some of the statements that were made by the good Senator from North Las Vegas, the “old” Senator from North Las Vegas.
First of all, the bill does not address children anywhere. There are no words that reference children. How is it going to be affordable for a child to get dental care if nowhere in the bill does it say these dentist have to provide dental care at a lower cost for children? It does not.
The second statement was, we are not going to lower the quality of care. All of these dentists have been trained outside the State, that is true. Every dentist that we have practicing in our State, today, has learned to practice dentistry somewhere else in the country. However, every dentist in this State has qualified and been certified by the Board of Dental Examiners. If we are not going to do anything to disrupt the quality of care, then why would these dentists, who are interested in moving to Las Vegas, fear or not want to go through the examination process? If they are qualified and if they are practicing good dentistry, then why would they not want to get certified? Let me tell you what will happen. According to this bill, we will allow anyone who practices in another state, regardless of their quality of care, to come and set up a practice only if they do not have a complaint filed against them. The good dentists are going to get referrals, because as a good dentist you get referrals from people who are happy with you and your quality of care. The bad dentists will not get any referrals, and their practice will diminish until it becomes more lucrative to sign a contract with a union or sign a contract where they can work for an hourly wage because their quality of care is so bad that they cannot make it on the street. The quality of care we are talking about will diminish for those involved is the very reason why this bill is here before us. They will get the poorest of care, and the best of care will be for those who are willing to pay for that care. This is a sad day.
Senators Raggio, Shaffer and O'Donnell requested a roll call vote on Senator Townsend’s motion.
Senators Amodei, James and Jacobsen moved the previous question.
Motion carried.
The question being that the Senate concur in the Assembly amendment to Senate Bill No. 133.
Roll call on Senator Townsend's motion:
Yeas—13
Nays—Jacobsen, McGinness, O'Connell, O'Donnell, Porter, Raggio, Rawson, Washington—8.
The motion having received a constitutional majority, Madam President declared it carried.
Bill ordered enrolled.
Senate Bill No. 210.
The following Assembly amendment was read:
Amendment No. 954.
Amend sec. 4, page 4, by deleting lines 13 through 22 and inserting:
“6. [All accident reports] Each accident report required to be made by a public utility pursuant to this section must be filed in the office of the commission and there preserved. [Notwithstanding any other provisions of law, neither any] Each accident report [made as] required to be made by a public utility pursuant to this chapter [, nor any report of] and each report made by the commission [made] pursuant to its investigation of any accident [investigation made by it , may] :
(a) Except as otherwise provided in subsection 2 of NRS 703.190, must be open to public inspection [or disclosed to any person, except upon order of the commission, nor may either or any of the reports, or any portion thereof,] ; and
(b) Notwithstanding any specific statute to the contrary, must not, in whole or in part, be admitted as evidence or used for any purpose in any suit or action for damages [growing] arising out of any matter mentioned in [the]
(1) The accident report required to be made by the public utility; or
(2) The report [of any such] made by the commission pursuant to its investigation.”.
Amend sec. 8, page 6, by deleting lines 18 through 22 and inserting:
“1. “Alternative seller” has the meaning ascribed to it in NRS 704.994.”.
Amend sec. 13, page 10, by deleting lines 16 through 20 and inserting:
“4. As used in this section, “alternative seller” has the meaning ascribed to it in NRS 704.994.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 210.
Remarks by Senator Townsend.
Motion carried by a two-thirds majority.
Bill ordered enrolled.
Senate Bill No. 245.
The following Assembly amendment was read:
Amendment No. 838.
Amend sec. 8, page 2, line 33, by deleting “organizations; or” and inserting “organizations;”.
Amend sec. 8, page 2, line 34, after “3.” by inserting: “Engages in the practice of interpreting as necessary for the provision of an emergency medical or governmental service to a person who is deaf or whose hearing is impaired; or
4.”.
Amend sec. 9, page 3, by deleting lines 27 through 34 and inserting:
“3. Except as otherwise provided in subsection 4, a person, including, without limitation, a teacher and a teacher’s aide, who wishes to engage in the practice of interpreting in this state in a public school, including, without limitation, a charter school, or a private school must comply with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 and must:
(a) Comply with the requirements set forth in paragraph (d) of subsection 1; or
(b) Have completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital or its successor organization and received a rating of his level of proficiency in providing interpreting services at level 4 or 5.
4. A person who has not complied with the requirements set forth in paragraph (a) or (b) of subsection 3 may engage in the practice of interpreting in a public school, including, without limitation, a charter school, or a private school for not more than 3 years if:
(a) There is a demonstrated shortage of personnel who have complied with those requirements in the geographic area of this state in which the public school or private school is located;
(b) The school district, charter school or private school that hires a person pursuant to this subsection has made and continues to make a good faith effort to recruit and hire persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3;
(c) The shortage of personnel described in paragraph (a) has precluded the school district, charter school or private school from employing the number of persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3 as is necessary to satisfy the personnel requirements of the school district, charter school or private school; and
(d) The person hired by the school district, charter school or private school pursuant to this subsection makes satisfactory progress, as determined by the school district, charter school or private school, toward complying with the requirements set forth in paragraph (a) or (b) of subsection 3 during the period of his employment.”.
Amend sec. 9, page 3, line 35, by deleting “4.” and inserting “5.”.
Amend sec. 9, page 3, line 36, after “(a)” by inserting:
““charter school” has the meaning ascribed to it in NRS 385.007.
(b)”.
Amend sec. 9, page 3, line 49, by deleting “(b)” and inserting “(c)”.
Amend sec. 9, page 4, line 1, by deleting “(c)” and inserting “(d)”.
Amend the bill as a whole by renumbering sections 22 through 30 as sections 23 through 31 and adding a new section designated sec. 22, following sec. 21, to read as follows:
“Sec. 22. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the commission:
(a) Shall adopt regulations:
(1) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of such licenses.
(2) Identifying fields of specialization in teaching which require the specialized training of teachers.
(3) Requiring teachers to obtain from the department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
(4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language [.] , including, without limitation, being qualified to engage in the practice of interpreting pursuant to subsection 3 of section 9 of this act.
(6) Except as otherwise authorized by subsection 4 of section 9 of this act, requiring teachers and other educational personnel to satisfy the qualifications set forth in subsection 3 of section 9 of this act if they:
(I) Provide instruction or other educational services; and
(II) Concurrently engage in the practice of interpreting, as defined in section 6 of this act.
(b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.
2. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.”.
Amend the bill as a whole by adding a new section designated sec. 28.5, following sec. 27, to read as follows:
Sec. 28.5. On or before July 1, 2005, the Commission on Professional Standards in Education shall adopt regulations pursuant to the amendatory provisions of section 22 of this act.”.
Amend sec. 28, page 9, line 1, by deleting “30,” and inserting “31,”.
Amend sec. 28, page 9, line 4, by deleting “2003.” and inserting “2005.”.
Amend sec. 29, page 9, line 6, by deleting “2003.” and inserting “2005.”.
Amend sec. 30, page 9, line 7, by deleting: “26 to 29,” and inserting: “27 to 30,”.
Amend sec. 30, page 9, line 8, by deleting: “October 1, 2001.” and inserting: “July 1, 2003.”.
Amend sec. 30, page 9, line 9, by deleting “25,” and inserting “26,”.
Amend sec. 30, page 9, line 10, by deleting “2003.” and inserting “2005.”
Amend the title of the bill, second line, after “certification;” by inserting: “requiring the commission on professional standards in education to adopt regulations that require certain teachers and other educational personnel to satisfy the requirements for certification as an interpreter;”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 245.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 297.
The following Assembly amendment was read:
Amendment No. 860.
Amend sec. 11, page 6, line 10, by deleting “must” and inserting “[must] may”.
Amend sec. 11, page 6, line 11, by deleting “box,” and inserting “box and”.
Amend sec. 11, page 6, line 12, after “The” by inserting: “ballot box or”.
Amend sec. 11, page 6, line 14, by deleting “[ballot box]” and inserting:
“ballot box or”.
Amend sec. 11, page 6, line 15, by deleting “[box]” and inserting “box or”.
Amend sec. 11, page 6, line 17, by deleting “[ballot box]” and inserting: “ballot box or”.
Amend sec. 11, page 6, by deleting lines 18 through 21 and inserting: “1, the county clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293.359.
3. At the close of each voting day before the fourth voting day before the last day to vote early, the county clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county”.
Amend sec. 11, page 6, by deleting line 25 and inserting:
“(a) Each remaining ballot box [containing] and container that holds the”.
Amend sec. 11, page 6, line 31, by deleting “[ballot boxes]” and inserting:
“ballot boxes and”.
Amend sec. 31, page 16, line 46, by deleting “must” and inserting “[must] may”.
Amend sec. 31, page 16, line 47, by deleting “box,” and inserting “box and”.
Amend sec. 31, page 16, line 48, after “The” by inserting: “ballot box or”.
Amend sec. 31, page 17, line 1, by deleting “[ballot box]” and inserting:
“ballot box or”.
Amend sec. 31, page 17, line 2, by deleting “[box]” and inserting “box or”.
Amend sec. 31, page 17, line 3, by deleting “[ballot box]” and inserting:
“ballot box or”.
Amend sec. 31, page 17, by deleting lines 4 through 7 and inserting: “1, the city clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293C.359.
3. At the close of each voting day before the fourth voting day before the last day to vote early, the city clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the city clerk”.
Amend sec. 31, page 17, by deleting line 11 and inserting:
“(a) Each remaining ballot box [containing] and container that holds the”.
Amend sec. 31, page 17, line 17, by deleting “[ballot boxes]” and inserting: “ballot boxes and”.
Amend the bill as a whole by deleting sec. 40.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 297.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 317.
The following Assembly amendment was read:
Amendment No. 807.
Amend sec. 10, page 4, by deleting lines 44 through 47 and inserting:
“354.476 As used in NRS 354.470 to 354.626, inclusive, [and] sections 2 to 5, inclusive, of Senate Bill No. 203 of this session and section 2 to 5, inclusive, of this act,unless the context otherwise requires, the words and terms defined in NRS [354.478 to 354.580,] 354.479 to 354. 578, inclusive, and sections 2 and 3 of Senate Bill No. 203 of this session and sections 2 and 3 of this act , have the meanings”.
Amend sec. 29, page 10, by deleting line 19 and inserting: “450.760, 540A.265 and 543.600, and section 4 of [this act,] Senate Bill No. 203 of this session, for each fiscal year beginning on or after”.
Amend sec. 44, page 22, line 28, by deleting “To” and inserting: “Except as otherwise provided in NRS 354.59891, to”.
Amend the bill as a whole by adding a new section designated sec. 57.5, following sec. 57, to read as follows:
“Sec. 57.5. NRS 360.690 is hereby amended to read as follows:
360.690 1. Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.
2. The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.
3. If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.
4. Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:
(a) Local government’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the sum of the:
(I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 6; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special district’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
5. The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:
(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and
(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.
If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.
6. The percentage change calculated pursuant to paragraph (a) of subsection 4 must:
(a) [If] Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.
(c) If a local government files a formal appeal with the Bureau of the Census of the United States Department of Commerce concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the governor is greater than the population total issued by the Bureau of the Census, the state treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:
(1) Equal to or less than the population total initially issued by the Bureau of the Census, the state treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the local government tax distribution account for allocation among the local governments in the county pursuant to subsection 4.
(2) Greater than the population total initially issued by the Bureau of the Census, the executive director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4 if the population total finally determined pursuant to the appeal had been used and the state treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.
7. On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.
8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and
(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
9. A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.”.
Amend sec. 69, page 37, line 28, by deleting: “1 to 49,” and inserting: “1 to 9, inclusive, 11 to 28, inclusive, 30 to 43, inclusive, 45 to 49,”.
Amend sec. 69, page 37, by deleting line 30 and inserting:
“2. Sections 10, 29, 44 and 50 of this act become effective at 12:01 a.m. on”.
Amend the title of the bill, sixth line, after “circumstances;” by inserting: “requiring the use of alternative population totals for calculating distributions from the local government tax distribution account under certain circumstances;”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 317.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 330.
The following Assembly amendment was read:
Amendment No. 898.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 4, to read as follows:
“Sec. 4. NRS 232.545 is hereby amended to read as follows:
232.545 1. An investigative account for financial institutions is hereby created in the state general fund. The account consists of money which is:
(a) Received by the department of business and industry in connection with the licensing of financial institutions and the investigation of persons associated with those institutions; and
(b) Required by law to be placed therein.
2. The director of the department of business and industry or his designee may authorize expenditures from the investigative account to pay the expenses incurred:
(a) In investigating applications for licensing of financial institutions and in investigating persons associated with those institutions;
(b) In conducting special investigations relating to financial institutions and persons associated with those institutions; and
(c) In connection with mergers, consolidations, conversions, receiverships and liquidations of financial institutions.
3. As used in this section, “financial institution” means an institution for which licensing or registration is required by the provisions of Titles 55 and 56 and chapters 604, 645B, 645E and 649 of NRS.”.
Amend the bill as a whole by deleting sec. 5 and renumbering sec. 12 as sec. 5.
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:
“Sec. 12. NRS 678.460 is hereby amended to read as follows:
678.460 Every credit union organized under the provisions of this chapter [has] :
1. Has all the powers granted by NRS 81.500 that are not inconsistent with the provisions of this chapter and in addition thereto, the powers enumerated in NRS 678.470 to 678.500, inclusive [.] ; and
2. May exercise any authority and perform all acts that a federal credit union may exercise or perform, with the consent and written approval of the commissioner. The commissioner may, by regulation, waive or modify a requirement of Nevada law if the corresponding requirement for federal credit unions has been or is eliminated or modified.”.
Amend the title of the bill by deleting the fifth through fourteenth lines and inserting: “change of address of its licensed place of business; including check-cashing and deferred deposit services in the definition of “financial institution” for purposes of the investigative account for financial institutions; requiring the commissioner of financial institutions to charge a fee for certain services; changing the procedures for a lending business to notify the commissioner of financial institutions of a change of address of its licensed place of business; authorizing the commissioner of financial institutions to impose a fine on a mortgage company or lending business for failing to notify the commissioner of a proposed change of address; removing the requirement that the commissioner of financial institutions notify lending businesses of his receipt of an application for licensure of a lending business; authorizing a credit union to exercise authority and perform acts that a federal credit union may exercise or perform under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 330.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 405.
The following Assembly amendment was read:
Amendment No. 881.
Amend section 1, pages 1 and 2, by deleting line 18 on page 1 and lines 1 through 6 on page 2, and inserting:
“(1) Performs the amputation in a hospital as defined in NRS 449.012 or a surgical center for ambulatory patients as defined in NRS 449.019;
(2) Is authorized by the hospital or surgical center to perform the amputation;
(3) Has completed a program of surgical training as a resident and provides proof satisfactory to the hospital or surgical center of his completion of the program;
(4) Complies with any other requirements established by the hospital or surgical center; and
(5) Performs the amputation in accordance with the standard of care required for a physician licensed pursuant to chapter 630, 630A or 633 of NRS.”.
Amend section 1, page 2, by deleting lines 11 and 12.
Amend the title of the bill to read as follows:
“AN ACT relating to podiatry; authorizing a podiatric physician who is licensed by the state board of podiatry to amputate toes under certain circumstances; prohibiting a county hospital from denying a podiatric physician admission to the staff of the hospital under certain circumstances; and providing other matters properly relating thereto.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 405.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 425.
The following Assembly amendment was read:
Amendment No. 914.
Amend sec. 2, page 1, line 3, by deleting “On” and inserting: “Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 2, page 1, by deleting lines 9 and 10 and inserting: “unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend sec. 3, page 1, line 11, by deleting “On” and inserting: “Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 3, page 1, by deleting lines 17 and 18 and inserting: “unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend sec. 4, page 2, line 4, by deleting “On” and inserting: “Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 4, page 2, by deleting lines 10 and 11 and inserting: “unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
“Sec. 4.5. Sections 2, 3 and 4 of this act do not apply to:
1. Services provided by the county to another department, division or agency of the county or to another governmental entity if the governing body of that governmental entity is the board of county commissioners; or
2. Expansion of services provided by the county to an area which is contiguous to an area of existing development where the county already provides services.”.
Amend sec. 5, page 2, line 18, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 5, page 2, line 20, by deleting “Causes” and inserting “Cause”.
Amend sec. 5, page 2, line 24, by deleting “Holds” and inserting “Hold”.
Amend sec. 5, page 2, line 26, by deleting “Complies” and inserting “Comply”.
Amend sec. 13, page 6, line 3, by deleting “On” and inserting: “Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 13, page 6, by deleting lines 9 and 10 and inserting: “unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The governing body complies with the provisions of section 16 of this act.”.
Amend sec. 14, page 6, line 11, by deleting “On” and inserting: “Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 14, page 6, by deleting lines 16 and 17 and inserting: “subject to the provisions of chapter 704 of NRS, unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The governing body complies with the provisions of section 16 of this act.”.
Amend sec. 15, page 6, line 21, by deleting “On” and inserting: “Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 15, page 6, by deleting lines 26 and 27 and inserting: “is subject to the provisions of chapter 711 of NRS, unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The governing body complies with the provisions of section 16 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 15.5, following sec. 15, to read as follows:
“Sec. 15.5. Sections 13, 14 and 15 of this act do not apply to:
1. Services provided by the city to another department, division or agency of the city or to another governmental entity if the governing body of that governmental entity is the governing body of the city; or
2. Expansion of services provided by the city to an area which is contiguous to an area of existing development where the city already provides services.”.
Amend sec. 16, page 6, line 33, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 16, page 6, line 35, by deleting “Causes” and inserting “Cause”.
Amend sec. 16, page 6, line 39, by deleting “Holds” and inserting “Hold”.
Amend sec. 16, page 6, line 41, by deleting “Complies” and inserting “Comply”.
Amend sec. 22, page 10, line 20, by deleting “On” and inserting: “Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 22, page 10, by deleting lines 26 and 27 and inserting: “unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The general improvement district complies with the provisions of section 25 of this act.”.
Amend sec. 23, page 10, line 28, by deleting “On” and inserting: “Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 23, page 10, by deleting lines 34 and 35 and inserting: “unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The general improvement district complies with the provisions of section 25 of this act.”.
Amend sec. 24, page 10, line 39, by deleting “On” and inserting: “Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 24, page 10, by deleting lines 45 and 46 and inserting: “unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The general improvement district complies with the provisions of section 25 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
“Sec. 24.5. Sections 22, 23 and 24 of this act do not apply to:
1. Services provided by the general improvement district to another department, division or agency of the general improvement district or to another governmental entity if the governing body of that governmental entity is the board of trustees of the general improvement district; or
2. Expansion of services provided by the general improvement district to an area which is contiguous to an area of existing development where the general improvement district already provides services.”.
Amend sec. 25, page 11, line 4, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 25, page 11, line 6, by deleting “Causes” and inserting “Cause”.
Amend sec. 25, page 11, line 10, by deleting “Holds” and inserting “Hold”.
Amend sec. 25, page 11, line 12, by deleting “Complies” and inserting “Comply”.
Amend sec. 33, page 17, line 26, by deleting “Notwithstanding” and inserting: “Except as otherwise provided in section 1 of Senate Bill No. 211 of this [act] session, notwithstanding”.
Amend the bill as a whole by deleting sections 55 through 57 and inserting:
“Secs. 55-57. (Deleted by amendment.)”.
Amend the bill as a whole by adding a new section designated sec. 83.5, following sec. 83, to read as follows:
“Sec. 83.5. Sections 40 and 59 of Assembly Bill No. 11 of this session are hereby amended to read as follows:
Sec. 40. 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:]city council: Provision of utilities. Except as otherwise provided in sections 13, 14 and 15 of Senate Bill No. 425 of this [act, the board of supervisors] session, 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] the 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] may 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:] 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. 59. 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. Except as otherwise provided in sections 13, 14 and 15 of Senate Bill No. 425 of this [act, the board of supervisors,] session, 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. 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.”.
Amend sec. 84, page 46, line 41, by deleting “April” and inserting “July”.
Amend the title of the bill, third line, by deleting “utilities;” and inserting: “utilities in certain circumstances; providing an exception;”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 425.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 530.
The following Assembly amendment was read:
Amendment No. 827.
Amend sec. 4, page 3, line 43, by deleting: “three legislative measures” and inserting: “one legislative measure”.
Amend the title of the bill, eighth line, by deleting: “three legislative measures” and inserting: “one legislative measure”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 530.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 544.
The following Assembly amendments were read:
Amendment No. 992.
Amend section 1, page 2, between lines 27 and 28, by inserting:
“(5) If authorized by federal law, a prescription transmitted electronically is not required to be written and signed entirely by hand by the practitioner who issued the prescription.”.
Amend section 1, page 2, line 43, by deleting “The” and inserting: “Except as otherwise provided in this subsection, the”.
Amend section 1, page 2, line 46, after “law.” by inserting: “The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law.”.
Amend sec. 11, page 5, by deleting lines 37 and 38 and inserting:
“(d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the board.”.
Amend sec. 11, page 6, by deleting lines 7 through 14 and inserting:
“4. Each written prescription must be written in such a manner that any”.
Amend sec. 11, page 6, between lines 18 and 19, by inserting:
“5. A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.
6. A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:
(a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or
(b) A voice recognition system, biometric identification technique or other security system approved by the board is used to identify the practitioner.”.
Amend sec. 12, page 6, line 30, by deleting “or private”.
Amend the bill as a whole by renumbering sections 13 through 15 as sections 14 through 16 and adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. Section 2 of Assembly Bill No. 415 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0745 is hereby amended to read as follows:
639.0745 1. The board may adopt regulations concerning[:
(a) The] the transfer of information between pharmacies relating to prescriptions.
[(b)] 2. The board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug.
[2.] The regulations must establish procedures to:
(a) Ensure the security and confidentiality of the data that is transmitted between:
(1) The practitioner and the pharmacy;
(2) The practitioner and an insurer of the person for whom the prescription is issued; and
(3) The pharmacy and an insurer of the person for whom the prescription is issued.
(b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.
(c) Verify the authenticity of a signature that is produced:
(1) By the computer or other electronic device; or
(2) Manually by the practitioner.
3. The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:
(a) Misusing prescriptions to obtain excessive amounts of drugs.
(b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.
The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.”.
Amend sec. 15, page 7, by deleting lines 27 through 36 and inserting:
“Sec. 16. 1. This section and section 15 of this act become effective upon passage and approval.
2. Sections 1 and 12 of this act become effective upon passage and approval for the purpose of adopting regulations and at 12:01 a.m. on October 1, 2001, for all other purposes.
3. Sections 2, 3, 4 and 6 to 10, inclusive, of this act become effective on July 1, 2001.
4. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.
5. Section 14 of this act becomes effective at 12:02 a.m. on July 1, 2001.
6. Sections 11 and 13 of this act become effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill, first line, by deleting “authorizing” and inserting “requiring”.
Amendment No. 886.
Amend sec. 5, page 3, by deleting lines 12 through 32 and inserting:
“Sec. 5. NRS 639.0125 is hereby amended to read as follows:
639.0125 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices; [or]
4. A physician assistant who:
(a) Holds a license issued by the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS ;[.]
5. An osteopathicphysician’s assistant who:
(a) Holds a certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of anosteopathic physician as required by chapter 633 of NRS [.] ; or
6. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.”.
Amend the bill as a whole by renumbering sec. 13 as sec. 15 and adding new sections designated sections 13 and 14, following sec. 12, to read as follows:
“Sec. 13. Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0125 is hereby amended to read as follows:
639.0125 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;
4. A physician assistant who:
(a) Holds a license issued by the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;
5. An osteopathicphysician’s assistant who:
(a) Holds a certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of anosteopathic physician as required by chapter 633 of NRS; or
6. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.
Sec. 14. Section 81 of Senate Bill No. 91 of this session is hereby repealed.”.
Amend sec. 13, page 6, by deleting lines 45 and 46 and inserting:
“3. Sections 2, 3, 4, 6 to 10, inclusive, 13 and 14 of this act become effective on July 1, 2001.
4. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Amend sec. 13, page 6, line 47, by deleting “4.” and inserting “5.”.
Amend the bill as a whole by adding the text of the repealed section, following sec. 13, to read as follows:
TEXT OF REPEALED SECTION
Section 81 of Senate Bill No. 91 of this session:
Sec. 81. Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0125 is hereby amended to read as follows:
639.0125 “Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices; or
4. A physician assistant who:
(a) Holds a license issued by the board of medical examiners; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS.
5. An osteopathic physician’s assistant who:
(a) Holds a certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS.”.
Senator Townsend moved that the Senate concur in the Assembly amendments to Senate Bill No. 544.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 552.
The following Assembly amendment was read:
Amendment No. 828.
Amend sec. 8, page 5, line 8, by deleting “2001.” and inserting: “2001, and expires by limitation on July 1, 2003.”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 552.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 563.
The following Assembly amendments were read:
Amendment No. 698.
Amend sec. 2, page 2, line 18, by deleting: “October 1, 2001.” and inserting: “August 1, 2002.”.
Amend sec. 6, page 3, line 45, by deleting: “October 1, 2001.” and inserting: “August 1, 2002.”.
Amend sec. 10, page 5, line 19, by deleting: “October 1, 2001.” and inserting: “August 1, 2002.”.
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:
“Sec. 12. This act becomes effective on August 1, 2002.”.
Amendment No. 786.
Amend the bill as a whole by deleting sections 9 through 11 and adding:
“Secs. 9-11. (Deleted by amendment.)”.
Amend the title of the bill by deleting the fourth through sixth lines and inserting: “service may collect certain fees; changing provisions relating to”.
Senator O'Connell moved that the Senate concur in the Assembly amendments to Senate Bill No. 563.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 569.
The following Assembly amendment was read:
Amendment No. 773.
Amend section 1, page 1, by deleting lines 6 and 7 and inserting:
“(a) The board also imposes a fee on a provider of personal wireless service and the fee is a fee for a business license which is regulated pursuant to NRS 354.59881 to 354.59889, inclusive, the”.
Amend section 1, page 1, by deleting lines 12 through 14 and inserting:
“(b) A city located within the county imposes a fee on a provider of personal wireless service and the fee is a fee for a business license which is regulated pursuant to NRS 354.59881 to 354.59889, inclusive, the governing body of the city shall transfer the money generated”.
Amend section 1, page 2, line 8, after “fees” by inserting: “for business licenses which fees are”.
Amend the bill as a whole by deleting sections 5 through 7, renumbering sec. 8 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. NRS 268.088 is hereby amended to read as follows:
268.088 The governing body of an incorporated city [whose population is 25,000 or more] shall not:
1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.
2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. Require a person who holds a franchise for the provision of telecommunications service to place its facilities in ducts or conduits or on poles owned or leased by the city.
4. As used in this section:
(a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), 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.”.
Amend sec. 8, page 5, by deleting lines 26 through 29 and inserting:
“Sec. 6. This act becomes effective on July 1, 2001.”.
Amend the title of the bill to read as follows:
“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; prohibiting the governing body of every incorporated city from imposing certain requirements upon a provider of telecommunications service; and providing other matters properly relating thereto.”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 569.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 99.
The following Assembly amendment was read:
Amendment No. 996.
Amend sec. 1.5, page 2, by deleting lines 36 and 37 and inserting:
“6. An administrator shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.
Amend sec. 3, page 3, by deleting lines 38 and 39 and inserting:
“6. An insurer shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.
Amend sec. 5, page 4, by deleting lines 42 and 43 and inserting:
“6. An insurer shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.
Amend sec. 7, page 5, by deleting lines 48 and 49 and inserting:
“6. A carrier shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.
Amend sec. 10, page 7, by deleting lines 10 and 11 and inserting:
“6. A corporation shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.
Amend the bill as a whole by renumbering sec. 11 as sec. 11.3, and adding a new section designated sec. 11, following sec. 10, to read as follows:
“Sec. 11. Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 11.3 and 11.7 of this act.”.
Amend sec. 11, page 7, by deleting lines 21 through 23 and inserting:
“Sec. 11.3. 1. A health maintenance organization shall not:”.
Amend sec. 11, page 7, line 33, by deleting: “the effective date of this act” and inserting: “October 1, 2001,”.
Amend the bill as a whole by adding a new section designated sec. 11.7, following sec. 11, to read as follows:
“Sec. 11.7. Any contract or other agreement entered into or renewed by a health maintenance organization on or after October 1, 2001:
1. To provide health care services through managed care to recipients of Medicaid under the state plan for Medicaid; or
2. With the division of health care financing and policy of the department of human resources to provide insurance pursuant to the children’s health insurance program, must require the health maintenance organization to pay interest to a provider of health care services on a claim that is not paid within the time provided in the contract or agreement at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid. ”.
Amend sec. 12, page 8, by deleting lines 4 and 5 and inserting:
“4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, [and] sections 19 and 20 of [this act,] Senate Bill No. 2 of this session, section 11.3 of this act and NRS695C.250 and 695C.265 do not apply to”.
Amend sec. 15, page 9, by deleting lines 20 and 21 and inserting:
“6. A health maintenance organization shall not require a provider of health care services to waive the payment of interest provided for in this section for the late payment of an approved claim.”.
Amend sec. 18, page 10, by deleting lines 44 and 45 and inserting:
“6. An insurer shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.
Amend sec. 20, page 11, by deleting lines 43 through 45 and inserting:
“2. [If] Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of”.
Amend sec. 20, page 12, line 2, after “NRS.” by inserting:
“The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of section 18 of this act.”.
Amend the bill as a whole by renumbering sec. 22 as sec. 24 and adding new sections designated sections 22 and 23, following sec. 21, to read as follows:
“Sec. 22. NRS 616C.220 is hereby amended to read as follows:
616C.220 1. The division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers, to administer claims against the uninsured employers’ claim fund. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.
2. An employee may receive compensation from the uninsured employers’ claim fund if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He suffers an accident or injury [in this state] which arises out of and in the course of his employment;
(c) He files a claim for compensation with the division; and
(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.
3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.
4. For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on his behalf, including any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division.
6. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
the division shall authorize payment from the uninsured employers’ claim fund.
9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
10. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
12. Attorney’s fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers’ claim fund.
13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS.
Sec. 23. NRS 617.401 is hereby amended to read as follows:
617.401 1. The division shall designate one:
(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self-insured employer or association of self-insured public or private employers, to administer claims against the uninsured employers’ claim fund. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.
2. An employee may receive compensation from the uninsured employers’ claim fund if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He contracts an occupational disease [as a result of work performed in this state;] that arose out of and in the course of employment;
(c) He files a claim for compensation with the division; and
(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.
3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.
4. For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.
5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division.
6. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
7. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.
Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or
(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,
the division shall authorize payment from the uninsured employers’ claim fund.
9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
10. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
12. Attorney’s fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers’ claim fund.
13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.”.
Amend sec. 22, page 12, line 25, by deleting “11” and inserting “11.3”.
Amend sec. 22, page 12, lines 29 and 30 by deleting: “the effective date of this act.” and inserting: “October 1, 2001.”.
Amend the bill as a whole by adding a new section designated sec. 25, following sec. 22, to read as follows:
“Sec. 25. 1. This section, sections 1 to 11.7, inclusive, and 13 to 24, inclusive, of this act become effective on October 1, 2001.
2. Section 12 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill, seventh line, after “care;” by inserting: “allowing an employee who is injured or who contracts an occupational disease outside this state to receive compensation from the uninsured employers’ claim fund;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing health insurance. (BDR 57‑132)”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 99.
Remarks by Senator Townsend.
Conflict of interest declared by Senator Raggio.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 320.
The following Assembly amendment was read:
Amendment No. 974.
Amend the bill as a whole by deleting sections 1 through 41 and adding new sections designated sections 1 through 18, following the enacting clause, to read as follows:
“Section 1. Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An external review organization shall not conduct an external review of a final adverse determination pursuant to sections 4 to 12, inclusive, of this act unless it is certified in accordance with regulations adopted by the commissioner. The regulations must include, without limitation, provisions setting forth:
(a) The manner in which an external review organization may apply for a certificate and the requirements for the issuance and renewal of the certificate pursuant to this section;
(b) The grounds for which the commissioner may refuse to issue, suspend, revoke or refuse to renew a certificate issued pursuant to this section; and
(c) The manner and circumstances under which an external review organization is required to conduct its business.
2. A certificate issued pursuant to this section expires 1 year after it is issued and may be renewed in accordance with regulations adopted by the commissioner.
3. Except as otherwise provided in subsection 6, before the commissioner may certify an external review organization, the external review organization must:
(a) Demonstrate to the satisfaction of the commissioner that it is able to carry out, in a timely manner, the duties of an external review organization set forth in this section and sections 4 to 12, inclusive, of this act. The demonstration must include, without limitation, proof that the external review organization employs, contracts with or otherwise retains only persons who are qualified because of their education, training, professional licensing and experience to perform the duties assigned to those persons; and
(b) Provide assurances satisfactory to the commissioner that the external review organization will:
(1) Conduct its external review activities in accordance with the provisions of this section and sections 4 to 12, inclusive, of this act;
(2) Provide its determinations in a clear, consistent, thorough and timely manner; and
(3) Avoid conflicts of interest.
4. For the purposes of this section, an external review organization has a conflict of interest if the external review organization or any employee, agent or contractor of the external review organization who conducts an external review has a material professional, familial or financial interest in any person who has a substantial interest in the outcome of the external review, including, without limitation:
(a) The insured;
(b) The insurer or any officer, director or management employee of the insurer;
(c) The provider of health care services that are provided or proposed to be provided, his partner or any other member of his medical group or practice;
(d) The hospital or other licensed health care facility where the health care service or treatment that is subject to external review has been or will be provided; or
(e) A developer, manufacturer or other person who has a substantial interest in the principal procedure, equipment, drug, device or other instrumentality that is the subject of the external review.
5. The commissioner shall not certify an external review organization that is affiliated with:
(a) A health care plan; or
(b) A national, state or local trade association.
6. An external review organization that is certified or accredited by an accrediting body that is nationally recognized shall be deemed to have satisfied all the conditions and qualifications required for certification pursuant to this section.
7. The commissioner may charge and collect a fee for issuing or renewing a certificate of an external review organization pursuant to this section. The fee must not exceed the cost of issuing or renewing the certificate.
8. The commissioner shall annually prepare and make available to the general public a list that includes the name of each external review organization which is issued a certificate or whose certificate is renewed pursuant to this section during the year immediately preceding the year in which the commissioner prepares the list.
9. As used in this section:
(a) “External review organization” has the meaning ascribed to it in section 6 of this act.
(b) “Final adverse determination” has the meaning ascribed to it in section 7 of this act.
(c) “Provider of health care” means any physician or other person who is licensed, certified or otherwise authorized in this state or any other state to provide any health care service.
Sec. 2. NRS 695C.260 is hereby amended to read as follows:
695C.260 [Every] Each health maintenance organization shall establish [a] :
1. A complaint system which complies with the provisions of NRS 695G.200 to 695G.230, inclusive[.] ; and
2. A system for conducting external reviews of final adverse determinations that complies with the provisions of sections 4 to 12, inclusive, of this act.
Sec. 3. Chapter 695G of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 12, inclusive, of this act.
Sec. 4. “Authorized representative” means a person who has obtained the consent of an insured to represent him in an external review of a final adverse determination conducted pursuant to sections 4 to 12, inclusive, of this act.
Sec. 5. “Clinical peer” means a physician who is:
1. Engaged in the practice of medicine; and
2. Certified or is eligible for certification by the board of medical examiners in the same or similar area of practice as is the health care service that is the subject of a final adverse determination.
Sec. 6. “External review organization” means an organization that:
1. Conducts an external review of a final adverse determination;
2. Is certified by the commissioner in accordance with section 1 of this act; and
3. Has contracted with the director of the office for consumer health assistance to conduct external reviews of final adverse determinations pursuant to subsection 8 of NRS 223.560.
Sec. 7. “Final adverse determination” means a final decision of a managed care organization to deny, reduce or terminate coverage for health care services or to deny payment for those services concerning a complaint filed pursuant to NRS 695G.200 because the health care services were determined to be:
1. Not medically necessary; or
2. Experimental or investigational.
The term does not include a determination relating to a claim for workers’ compensation pursuant to chapters 616A to 617, inclusive, of NRS.
Sec. 8. “Medically necessary” means health care services or products that a prudent physician would provide to a patient to prevent, diagnose or treat an illness, injury or disease or any symptoms thereof that are:
1. Provided in accordance with generally accepted standards of medical practice;
2. Clinically appropriate with regard to type, frequency, extent, location and duration; and
3. Not primarily provided for the convenience of the patient, physician or other provider of health care.
Sec. 8.3. “Office for consumer health assistance” means the office for consumer health assistance in the office of the governor.
Sec. 8.5. In carrying out its duties set forth in sections 4 to 12, inclusive, of this act, each managed care organization shall adopt procedures to ensure that the organization and its employees cooperate fully with an external review organization that is conducting a review of a final adverse determination or conducting a review pursuant to section 10.5 of this act, including, without limitation, providing all documents and materials relating to the determination in an accurate, fair, impartial and complete manner.
Sec. 9. 1. Except as otherwise provided in section 10.5 of this act, if an insured or a physician of an insured receives notice of a final adverse determination from a managed care organization concerning the insured, and if the insured is required to pay $500 or more for the health care services that are the subject of the final adverse determination, the insured, the physician of the insured or an authorized representative may, within 60 days after receiving notice of the final adverse determination, submit a request to the managed care organization for an external review of the final adverse determination.
2. Within 5 days after receiving a request pursuant to subsection 1, the managed care organization shall notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the office for consumer health assistance that the request has been filed with the managed care organization.
3. Within 5 days after receiving a notification pursuant to subsection 2, the office for consumer health assistance shall:
(a) Randomly select an external review organization to conduct an external review of the final adverse determination;
(b) Notify the external review organization that it has been selected to conduct the external review; and
(c) Notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the managed care organization of the external review organization selected to conduct the external review.
4. Upon notification by the office for consumer health assistance of the external review organization selected pursuant to subsection 3, the managed care organization shall provide to the external review organization all documents and other materials relating to the final adverse determination, including, without limitation:
(a) Any medical records of the insured relating to the external review;
(b) A copy of the provisions of the health care plan upon which the final adverse determination was based;
(c) Any documents used by the managed care organization to make the final adverse determination;
(d) A statement of the reasons for the final adverse determination; and
(e) Insofar as practicable, a list that specifies each provider of health care who has provided health care to the insured and the medical records of the provider of health care relating to the external review.
Sec. 10. 1. Except as otherwise provided in section 10.5 of this act, upon receipt of a request for an external review pursuant to section 9 of this act, the external review organization shall, within 5 days after receiving the request:
(a) Review the request and the documents and materials submitted pursuant to section 9 of this act; and
(b) Notify the insured, his physician and the managed care organization if any additional information is required to conduct a review of the final adverse determination.
2. The external review organization shall approve, modify or reverse the final adverse determination within 15 days after it receives the information required to make that determination pursuant to this section. The external review organization shall submit a copy of its determination, including the reasons therefor, to:
(a) The insured;
(b) The physician of the insured;
(c) The authorized representative of the insured, if any;
(d) The managed care organization; and
(e) The director of the office for consumer health assistance.
3. In making a determination pursuant to this section, an external review organization or any clinical peer who conducts or participates in an external review of a final adverse determination for the external review organization shall consider, without limitation:
(a) The medical records of the insured;
(b) Any recommendations of the physician of the insured;
(c) Any generally accepted medical guidelines, including guidelines established by the Federal Government or any national or professional society, board or association that establishes such guidelines, if approved by the commissioner for consideration by the external review organization; and
(d) Any applicable criteria relating to utilization review established and used by the managed care organization or the agent it designates to perform utilization review.
Sec. 10.5. 1. If a managed care organization receives a request pursuant to subsection 1 of section 9 of this act and proof from the insured’s provider of health care that failure to proceed in an expedited manner may jeopardize the life or health of the insured, the managed care organization shall, not later than 72 hours after it receives such proof:
(a) Notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and, except as otherwise provided in subsection 6, the office for consumer health assistance that the request has been filed with the managed care organization; and
(b) Except as otherwise provided in subsection 6, provide to the office for consumer health assistance all documents and other materials set forth in subsection 4 of section 9 of this act.
2. Not later than 1 working day after being notified by a managed care organization pursuant to subsection 1 that a request for an expedited review has been filed, the office for consumer health assistance shall:
(a) Randomly select an external review organization to conduct an external review of the final adverse determination;
(b) Notify the external review organization that it has been selected to conduct the external review and provide the documents and other materials it received from the managed care organization pursuant to paragraph (b) of subsection 1 to the external review organization; and
(c) Notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the managed care organization of the external review organization selected to conduct the external review.
3. An external review organization that receives a request for an external review pursuant to subsection 2 shall, not later than 2 working days after receiving the request, approve, modify or reverse the final adverse determination, unless the managed care organization and the insured or his authorized representative consent to a longer period of time. The external review organization shall, not later than 1 working day after the external review is completed, provide notification of its determination by telephone, including the reasons therefor, to:
(a) The insured;
(b) The physician of the insured;
(c) The authorized representative of the insured, if any;
(d) The managed care organization; and
(e) The director of the office for consumer health assistance.
4. Not later than 5 working days after the external review is completed, the external review organization shall provide its determination, including the reasons therefor, in writing to the persons listed in subsection 3.
5. In making a determination pursuant to this section, an external review organization or any clinical peer who conducts or participates in an external review of a final adverse determination for the external review organization shall consider the list of considerations set forth in subsection 3 of section 10 of this act.
6. The office for consumer health assistance shall make reasonable arrangements to be available 24 hours a day, 7 days a week, including weekends and holidays, to receive a notice, documents and other materials pursuant to subsection 1. If the managed care organization that is required to provide a notice pursuant to subsection 1 finds that the office for consumer health assistance is not available to receive the notice, the managed care organization shall provide the notice and any documents and other materials to the division of mental health and developmental services of the department of human resources. If the division of mental health and developmental services receives a notice, documents or other materials pursuant to this subsection, it shall forward them to the office for consumer health assistance the following business day.
7. Any notice or other information required to be provided pursuant to this section must be sent by the most expeditious method possible, including, without limitation, facsimile or electronic mail, or conveyed orally by telephone.
Sec. 11. 1. If the decision of an external review organization on a request for external review is in favor of the insured, the decision is final, conclusive and binding upon the managed care organization.
2. An external review organization or any clinical peer who conducts or participates in an external review of a final adverse determination for the external review organization is not liable in a civil action for damages relating to a determination made by the external review organization if the determination is made in good faith.
3. The cost of conducting an external review of a final adverse determination pursuant to sections 4 to 12, inclusive, of this act must be paid to the office for consumer assistance by the managed care organization that made the final adverse determination.
Sec. 12. In lieu of resolving a complaint of an insured in accordance with a system for resolving complaints established pursuant to the provisions of NRS 695G.200, a managed care organization may:
1. Submit the complaint to an external review organization pursuant to the provisions of sections 4 to 12, inclusive, of this act; or
2. If a federal law or regulation provides a procedure for submitting the complaint for resolution that the commissioner determines is substantially similar to the procedure for submitting the complaint to an external review organization pursuant to sections 4 to 12, inclusive, of this act, submit the complaint for resolution in accordance with the federal law or regulation.
Sec. 13. NRS 695G.010 is hereby amended to read as follows:
695G.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 695G.020 to 695G.080, inclusive, and sections 4 to 8.3, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 14. NRS 695G.210 is hereby amended to read as follows:
695G.210 1. [A] Except as otherwise provided in section 12 of this act, a system for resolving complaints created pursuant to NRS 695G.200 must include, without limitation, an initial investigation, a review of the complaint by a review board and a procedure for appealing a determination regarding the complaint. The majority of the members of the review board must be insureds who receive health care services from the managed care organization.
2. Except as otherwise provided in subsection 3, a review board shall complete its review regarding a complaint or appeal and notify the insured of its determination not later than 30 days after the complaint or appeal is filed, unless the insured and the review board have agreed to a longer period . [of time.]
3. If a complaint involves an imminent and serious threat to the health of the insured, the managed care organization shall inform the insured immediately of his right to an expedited review of his complaint. If an expedited review is required, the review board shall notify the insured in writing of its determination within 72 hours after the complaint is filed.
4. Notice provided to an insured by a review board regarding a complaint must include, without limitation, an explanation of any further rights of the insured regarding the complaint that are available under his health care plan.
Sec. 15. NRS 695G.230 is hereby amended to read as follows:
695G.230 1. [Following] After approval by the commissioner, each managed care organization shall provide a written notice to an insured, in clear and comprehensible language that is understandable to an ordinary layperson, explaining the right of the insured to file a written complaint and to obtain an expedited review pursuant to NRS 695G.210. Such a notice must be provided to an insured:
(a) At the time he receives his certificate of coverage or evidence of coverage;
(b) Any time that the managed care organization denies coverage of a health care service or limits coverage of a health care service to an insured; and
(c) Any other time deemed necessary by the commissioner.
2. [Any time that] If a managed care organization denies coverage of a health care service to an insured, including, without limitation, a health maintenance organization that denies a claim related to a health care plan pursuant to NRS 695C.185, it shall notify the insured in writing within 10 working days after it denies coverage of the health care service of:
(a) The reason for denying coverage of the service;
(b) The criteria by which the managed care organization or insurer determines whether to authorize or deny coverage of the health care service; [and]
(c) His right to [file] :
(1) File a written complaint and the procedure for filing such a complaint[.] ;
(2) Appeal a final adverse determination pursuant to sections 4 to 12, inclusive, of this act;
(3) Receive an expedited external review of a final adverse determination if the managed care organization receives proof from the insured’s provider of health care that failure to proceed in an expedited manner may jeopardize the life or health of the insured, including notification of the procedure for requesting the expedited external review; and
(4) Receive assistance from any person, including an attorney, for an external review of a final adverse determination; and
(d) The telephone number of the office for consumer health assistance.
3. A written notice which is approved by the commissioner shall be deemed to be in clear and comprehensible language that is understandable to an ordinary layperson.
Sec. 16. NRS 223.560 is hereby amended to read as follows:
223.560 The director shall:
1. Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;
2. Assist consumers and injured employees in understanding their rights and responsibilities under health care plans and policies of industrial insurance;
3. Identify and investigate complaints of consumers and injured employees regarding their health care plans and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
(a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and
(b) Providing counseling and assistance to consumers and injured employees concerning health care plans and policies of industrial insurance;
4. Provide information to consumers and injured employees concerning health care plans and policies of industrial insurance in this state;
5. Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the office;
6. Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the director pursuant to this section; [and]
7. In appropriate cases and pursuant to the direction of the governor, refer a complaint or the results of an investigation to the attorney general for further action[.] ; and
8. On or before January 1 of each year, and in accordance with regulations adopted by the commissioner of insurance, contract with at least two external review organizations that are certified by the commissioner of insurance pursuant to section 1 of this act to conduct external reviews of final adverse determinations in accordance with the provisions of sections 4 to 12, inclusive, of this act. A contract entered into pursuant to this subsection may be renewed by the director.
Sec. 17. NRS 223.580 is hereby amended to read as follows:
223.580 On or before February 1 of each year, the director shall submit a written report to the governor, and to the director of the legislative counsel bureau for transmittal to the appropriate committee or committees of the legislature. The report must include, without limitation:
1. A statement setting forth the number and geographic origin of the written and telephonic inquiries received by the office and the issues to which those inquiries were related;
2. A statement setting forth the type of assistance provided to each consumer and injured employee who sought assistance from the director, including, without limitation, the number of referrals made to the attorney general pursuant to subsection 7 of NRS 223.560; [and]
3. A statement setting forth the disposition of each inquiry and complaint received by the director[.] ; and
4. A statement setting forth the number of external reviews conducted by external review organizations pursuant to sections 4 to 12, inclusive, of this act and the disposition of each of those reviews.
Sec. 18. This act becomes effective upon passage and approval for the purpose of adopting regulations by the commissioner of insurance to carry out the provisions of this act and on July 1, 2002, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to health care; requiring an external review organization to be certified by the commissioner of insurance before conducting an external review of a final adverse determination of a managed care organization or health maintenance organization; authorizing an insured under certain health care plans to submit to a managed care organization or health maintenance organization a request for such a review under certain circumstances; requiring an external review organization to approve, modify or reverse a final adverse determination within a certain period; providing that an external review organization is not liable in a civil action for damages relating to a determination issued by the external review organization under certain circumstances; requiring the director of the office for consumer health assistance in the office of the governor to contract with certain external review organizations; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for external review of certain determinations made by managed care and health maintenance organizations. (BDR 57‑676)”.
Amend the bill as a whole by adding the following assemblywoman as a primary joint sponsor: Assemblywoman Buckley.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 320.
Remarks by Senator Townsend.
Conflict of interest declared by Senator Raggio.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 362.
The following Assembly amendment was read:
Amendment No. 955.
Amend sec. 4, page 2, by deleting lines 1 through 3 and inserting:
“Sec. 4. 1. “Other permitting entity” means any state or local entity:
(a) That is responsible for the enforcement of environmental laws and”.
Amend sec. 4, page 2, line 8, by deleting “2.” and inserting “(b)”.
Amend sec. 4, page 2, between lines 12 and 13, by inserting:
“2. The term does not include the commission or the state engineer.”.
Amend sec. 8, page 3, line 16, by deleting “that” and inserting “the”.
Amend sec. 8, page 3, line 23, before “application” by inserting “amended”.
Amend sec. 11, page 4, by deleting lines 30 and 31 and inserting: “construction of the utility facility, file with the commission and each other permitting entity an application, in such a form as the commission or other permitting entity prescribes, containing:”.
Amend sec. 11, page 4, by deleting lines 37 through 39 and inserting: “statement relating to the construction of the utility facility:
(1) File with the commission an amended application that complies with the provisions of subsection 1; and
(2) File with each other permitting entity an amended application for a permit, license or other approval for the construction of the utility facility.”.
Amend sec. 11, page 4, line 40, before “must” by inserting: “filed with the commission”.
Amend sec. 11, page 4, line 43, before “must” by inserting: “filed with the commission”.
Amend sec. 12, page 5, line 13, by deleting “[30] 15” and inserting “30”.
Amend sec. 12, page 5, line 18, by deleting “[30] 15” and inserting “30”.
Amend sec. 12, page 5, line 27, by deleting “[30] 15” and inserting “30”.
Amend sec. 12, page 5, line 30, by deleting “[30] 15” and inserting “30”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 362.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 60, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator O'Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Porter, Titus and O'Donnell as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 60.
Recede From Senate Amendments
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 620, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Shaffer, Rhoads and Carlton as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 620.
Madam President appointed Senators Amodei, Carlton and O'Connell as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 418.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:22 p.m.
SENATE IN SESSION
At 2:49 p.m.
President Hunt presiding.
Quorum present.
SECOND READING AND AMENDMENT
Senate Bill No. 445.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1124.
Amend section 1, page 1, line 2, by deleting “$200,000” and inserting “$100,000”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 449.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1123.
Amend section 1, page 1, line 3, by deleting “$432,966” and inserting “$401,693”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 459.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1122.
Amend section 1, page 1, line 2, by deleting “$1,769,375” and inserting “$1,319,375”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 4.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1111.
Amend the bill as a whole by renumbering section 1 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The committee on industrial programs is hereby created.
2. The committee on industrial programs consists of the director of the department of prisons, the chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:
(a) Two members of the senate.
(b) Two members of the assembly.
(c) Two persons who represent manufacturing in this state.
(d) One person who represents business in this state.
(e) One person who represents organized labor in this state.
3. The members of the committee on industrial programs shall select a chairman from among their membership.
4. Each member of the committee on industrial programs appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.
5. Except during a regular or special session of the legislature, each legislator who is a member of the committee on industrial programs is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee on industrial programs or is otherwise engaged in the work of the committee on industrial programs. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the committee on industrial programs in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the committee on industrial programs is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the committee on industrial programs is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.
Sec. 3. 1. The committee on industrial programs shall:
(a) Be informed on issues and developments relating to industrial programs for correctional institutions;
(b) Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
(c) Report to the legislature on any other matter relating to industrial programs for correctional institutions that it deems appropriate;
(d) Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;
(e) Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists;
(f) Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2, 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program; and
(g) Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the committee on industrial programs determines that a program is not operating profitably within 3 years after its establishment, the committee on industrial programs shall report its finding to the director with a recommendation regarding whether the program should be continued or terminated.
2. Upon the request of the committee on industrial programs, the director and the assistant director for industrial programs shall provide to the committee on industrial programs any information the committee on industrial programs determines is relevant to the performance of the duties of the committee on industrial programs.
Sec. 4. NRS 209.011 is hereby amended to read as follows:
209.011 As used in this chapter, unless the context otherwise requires, the terms defined in NRS [209.015] 209.021 to 209.085, inclusive, have the meanings ascribed to them in those sections.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 8 and adding new sections designated sections 6 and 7, following section 1, to read as follows:
“Sec. 6. NRS 209.459 is hereby amended to read as follows:
209.459 The director shall present the recommendations of the [advisory board] committee on industrial programs to the board of state prison commissioners and, with the approval of the board of state prison commissioners, establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the department or by private employers.
Sec. 7. NRS 209.015, 209.4813 and 209.4814 are hereby repealed.”.
Amend the bill as a whole by adding the text of the repealed sections, following sec. 2, to read as follows:
TEXT OF REPEALED SECTIONS
209.015 “Advisory board” defined. “Advisory board” means the advisory board on industrial programs.
209.4813 Advisory board on industrial programs: Creation; members; chairman; term of appointed members; payment of compensation, allowances and travel expenses.
1. The advisory board on industrial programs is hereby created.
2. The advisory board consists of the director of the department of prisons, the chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:
(a) Two members of the senate.
(b) Two members of the assembly.
(c) Two persons who represent manufacturing in this state.
(d) One person who represents business in this state.
(e) One person who represents organized labor in this state.
3. The members of the advisory board shall select a chairman from among their membership.
4. Each member of the advisory board appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.
5. Except during a regular or special session of the legislature, each legislator who is a member of the advisory board is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the advisory board or is otherwise engaged in the work of the advisory board. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the advisory board in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the advisory board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the advisory board is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.
209.4814 Advisory board on industrial programs: Duties. The advisory board shall:
1. Be informed on issues and developments relating to industrial programs for correctional institutions;
2. Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
3. Report to the legislature on any other matter relating to industrial programs for correctional institutions which it deems appropriate;
4. Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;
5. Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists;
6. Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2, 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program; and
7. Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the advisory board determines that a program is not operating profitably within 3 years after its establishment, the advisory board shall report its finding to the director with recommendation regarding whether the program should be continued or terminated.”.
Amend the title of the bill, second line, after “existing industries;” by inserting:
“creating the committee on industrial programs; specifying the powers and duties of the committee on industrial programs; repealing the statutes creating and governing the advisory board on industrial programs;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning prison industries. (BDR 16‑680)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 295.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1147.
Amend sec. 6, page 2, by deleting lines 6 through 10 and inserting:
“Sec. 6. 1. A person who is the putative father of a child may register with the registry by submitting to the division a registration form in the manner prescribed in the regulations adopted by the state board of health pursuant to section 11 of this act:
(a) Before the birth of the child;
(b) Within 30 days after the birth of the child; or
(c) Within 30 days after the date notice is provided pursuant to subsection 4 of section 12 of this act, whichever occurs later.”.
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. 1. The state board of health shall establish by regulation the fees to be charged pursuant to subsection 2 in an amount sufficient to defray all costs of carrying out the provisions of sections 2 to 10, inclusive, of this act.
2. The regulations adopted by the state board of health pursuant to subsection 1 must provide that a reasonable fee must be charged for:
(a) Conducting a search of the registry; or
(b) Providing a certified copy of a registration form or a certified statement pursuant to section 8 of this act.
3. The regulations adopted by the state board of health pursuant to subsection 1 must provide that a fee must not be charged for:
(a) Registering with the registry; or
(b) Withdrawing a registration from the registry.
4. All money received by the division pursuant to subsection 2 must be deposited in the state general fund.
5. The administrator of the division may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of sections 2 to 10, inclusive, of this act. Any money the administrator receives pursuant to this subsection:
(a) Must be deposited in the state treasury and accounted for separately in the state general fund;
(b) May only be used to carry out the provisions of sections 2 to 10, inclusive, of this act; and
(c) Does not revert to the state general fund at the end of any fiscal year.”.
Amend sec. 11, page 3, line 30, by deleting “division” and inserting: “state board of health”.
Amend sec. 12, page 4, by deleting lines 28 through 32 and inserting: “concerning the child will be subject to summary termination unless, within 30 days after the date on which this notice was mailed to you, you enter an appearance in or otherwise notify the court identified in the summary petition for termination of parental rights that you have attempted to establish parentage of the child.”.
Amend sec. 12, pages 4 and 5, by deleting lines 38 through 49 on page 4 and lines 1 through 22 on page 5, and inserting: “subsection 1 and any other reasonably accessible information. If a putative father is found pursuant to this subsection, the putative father must be notified by certified mail of the following:
(a) The name of the birth mother and date of birth or anticipated date of birth of the child.
(b) That he may be the father of the child.
(c) That the child is being placed for adoption.
(d) That if he has any interest in establishing or asserting his parental rights, he must register with the registry within 30 days after the birth of the child or within 30 days after the date on which notice is provided pursuant to this subsection, whichever occurs later, and that the failure to register with the registry will result in the termination of his parental rights.
5. If notice of a summary petition has been mailed to one or more putative fathers identified in the registry pursuant to subsection 3, the petitioner may submit a request for submission of the petition, together with a proposed order, to the court for decision 35 days after the date on which notice was mailed to each putative father if each putative father fails to:
(a) Enter an appearance; or
(b) Otherwise notify the court of any attempt to establish parentage.
6. If a putative father cannot be found or if a putative father who received notification pursuant to subsection 4 does not register with the registry within 30 days after the birth of the child or within 30 days after the date on which notice was provided pursuant to subsection 4, whichever occurs later, the petitioner may submit a request for submission of the petition, together with a proposed order, to the court for decision 35 days after the birth of the child or 35 days after the date on which notice was provided pursuant to subsection 4, whichever occurs later.
7. A putative father who fails to register with the registry pursuant to section 6 of this act shall be deemed to have waived his right and opportunity to receive further notice, other than the notice provided in this section, of proceedings for the summary termination of his parental rights.
8. A summary petition filed pursuant to this section must not be granted or denied sooner than 35 days after the birth of the child.
9. A court may grant a summary petition filed pursuant to this”.
Amend the bill as a whole by renumbering sec. 24 as sec. 25 and adding a new section designated sec. 24, following sec. 23, to read as follows:
“Sec. 24. 1. There is hereby appropriated from the state general fund to the health division of the department of human resources to carry out the provisions of this act:
For the fiscal year 2001-2002............................................................. $44,150
For the fiscal year 2002-2003............................................................. $36,616
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend the bill as a whole by adding a new section designated sec. 26, following sec. 24, to read as follows:
“Sec. 26. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 23, inclusive, and 25 of this act become effective upon passage and approval for the purpose of adopting regulations necessary to carry out this act and on October 1, 2001, for all other purposes.
3. Section 24 of this act becomes effective on July 1, 2001.
4. This act expires by limitation on June 30, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to domestic relations; providing for the establishment of a registry of putative fathers; requiring the health division of the department of human resources to administer the registry of putative fathers; requiring the state board of health to adopt regulations concerning the registry of putative fathers; revising the provisions governing the termination of parental rights and adoption of children of putative fathers; making an appropriation; and providing other matters properly relating thereto.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 182.
The following Assembly amendment was read:
Amendment No. 678.
Amend sec. 2, page 1, line 19, by deleting “The” and inserting: “Except as otherwise provided in subsections 5 and 6 and NRS 171.1772, the”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 182.
Remarks by Senator James.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 301.
The following Assembly amendment was read:
Amendment No. 867.
Amend sec. 7, page 6, line 16, by deleting “association;” and inserting: “association who are licensed or otherwise authorized by law to render professional service in this state;”.
Amend sec. 16, page 9, by deleting lines 3 and 4 and inserting: “National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the state”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 301.
Remarks by Senator James.
Motion carried by a two-thirds majority.
Bill ordered enrolled.
Senate Bill No. 412.
The following Assembly amendment was read:
Amendment No. 801.
Amend sec. 3, page 2, line 44, by deleting “2,” and inserting “ [2,] 3,”.
Amend sec. 3, page 3, line 21, by deleting “defendant;” and inserting: “defendant, and a written agreement is entered into and signed in the manner set forth in subsection 2;”.
Amend sec. 3, page 3, line 32, by deleting “defendant,” and inserting: “defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any,”.
Amend sec. 3, page 4, line 1, after “2.” by inserting: “A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:
(a) The victim or the witness;
(b) The defendant;
(c) The parole and probation officer assigned to the defendant;
(d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and
(e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.
3.”.
Amend sec. 3, page 4, line 5, by deleting “3.” and inserting “[3.] 4.”.
Amend sec. 4, page 4, line 44, after “resides” by inserting: “, in person,”.
Amend sec. 6, page 7, by deleting line 9 and inserting: “the offender shall provide the new address, in [writing,] person, to the”.
Amend sec. 6, page 7, line 11, after “and” by inserting: “, in person or in writing,”.
Amend sec. 10, page 10, line 12, after “resides” by inserting: “, in person,”.
Amend sec. 12, page 12, by deleting line 44 and inserting: “new address, in [writing,] person, to the [division] local law”.
Amend sec. 12, page 12, line 45, after “and” by inserting: “, in person or in writing, to”.
Amend sec. 32, page 21, line 2, by deleting “2,” and inserting “[2,] 3,”.
Amend sec. 32, page 21, by deleting lines 24 and 25 and inserting:
“(h)] , unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2;”.
Amend sec. 32, page 21, line 36, by deleting “parolee,” and inserting: “parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any,”.
Amend sec. 32, page 22, line 5, after “2.” by inserting: “A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:
(a) The victim or the witness;
(b) The parolee;
(c) The parole and probation officer assigned to the parolee;
(d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and
(e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.
3.”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 412.
Remarks by Senator James.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 539.
The following Assembly amendment was read:
Amendment No. 1110.
Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 24, following the enacting clause, to read as follows:
“Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Household income” has the meaning ascribed to it in NRS 361.820.
Sec. 4. “Income” has the meaning ascribed to it in NRS 361.823.
Sec. 5. “Senior citizen” means a person who is domiciled in this state and is 62 years of age or older.
Sec. 6. The department is responsible for the administration of the provisions of sections 2 to 10, inclusive, of this act and may:
1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to section 9 of this act.
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen requesting a subsidy pursuant to section 9 of this act.
4. Adopt such other regulations as may be required to carry out the provisions of sections 2 to 10, inclusive, of this act.
Sec. 7. The department of human resources shall, in cooperation with the department of taxation and the various counties in this state:
1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act;
2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the department of human resources, the department of taxation and the various counties in this state to carry out the provisions of NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act.
Sec. 8. 1. The department shall, within the limits of the money available for this purpose in the fund for a healthy Nevada, develop and carry out a program for senior citizens to provide prescription drugs and pharmaceutical services to them at a subsidized cost whereby the state will pay the difference between the copayment required by the program and the actual cost of the drug from the pharmacist. The department shall refer to this program as the “Senior Option Program” and cause it to be marketed under that name.
2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who:
(a) Is not eligible for Medicaid; and
(b) Is accepted into the program that is made available pursuant to subsection 1, is entitled to an annual grant from the trust fund to subsidize a portion of the cost of his prescription drugs and pharmaceutical services if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is less than $21,500.
3. The department may pay its costs for administering this program from the fund for a healthy Nevada and shall include as components of the subsidized program:
(a) A maximum annual application fee of $25.
(b) A requirement that a generic drug be used to fill the prescription, unless the substitution of a generic drug for a drug with a brand name is specifically prohibited by the provider of health care who issued the prescription.
(c) A maximum required copayment for generic drugs of $10 per prescription.
(d) A maximum required copayment for nongeneric drugs of $25 per prescription.
(e) The formulary for the program must be the same formulary as is used for the state plan for Medicaid.
(f) The maximum limitation per year on the subsidy each person may receive under this program is $5,000.
(g) Allow persons who are participating in the program to fill their prescriptions by mail.
(h) A maximum of $100 as the amount of deductible expenses that may be required of participants before they are eligible to receive benefits under this program.
(i) The rebates from pharmaceutical manufacturers for drugs purchased through this program must be at least equal to the rebates provided for drugs purchased pursuant to the state plan for Medicaid and must be deposited in the fund for a healthy Nevada to support this program.
(j) A pharmacy benefits manager may be hired by contract to assist in the development and administration of this program, if deemed advisable and fiscally prudent by the department.
(k) The rates negotiated by the department or its representative for the prescription drugs sold by the pharmacies that agree to participate in this program must not be more than the rates charged to the department under the state plan for Medicaid, if not the best and lowest prices available from the pharmacy to any customer.
4. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1, 2 and 3, the department may, upon approval of the legislature, or the interim finance committee if the legislature is not in session, change any program established pursuant to sections 2 to 10, inclusive, of this act and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the fund for a healthy Nevada.
5. The provisions of subsections 1, 2 and 3 do not apply if the department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 4.
6. The department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicant’s household have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based on a significant reduction of income, when considering the applicant’s current financial circumstances.
An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.
Sec. 9. 1. A senior citizen who wishes to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act must file a request therefor with the department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.
4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act and pay the subsidy in the manner set forth in the program.
Sec. 10. 1. The department shall deny any request for a subsidy received pursuant to sections 2 to 10, inclusive, of this act to which the senior citizen is not entitled.
2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.
3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada for credit to this program.
Sec. 11. NRS 439.620 is hereby amended to read as follows:
439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:
(a) Shall maintain the financial records of the fund;
(b) Shall invest the money in the fund as the money in other state funds is invested;
(c) Shall manage any account associated with the fund;
(d) Shall maintain any instruments that evidence investments made with the money in the fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the fund.
3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
4. Upon receiving a request from the state treasurer or the department for an allocation for administrative expenses from the fund pursuant to this section, the task force shall consider the request within 45 days after receipt of the request. If the task force approves the amount requested for allocation, the task force shall notify the state treasurer of the allocation. If the task force does not approve the requested allocation within 45 days after receipt of the request, the state treasurer or the department, as applicable, may submit its request for allocation to the interim finance committee. Except as otherwise limited by this subsection, the interim finance committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
(a) Not more than 2 percent of the money in the fund [may be used] , as calculated pursuant to this subsection, each year to pay the costs [of administering] incurred by the state treasurer to administer the fund[.] ; and
(b) Not more than 3 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the department, including, without limitation, the aging services division of the department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the state treasurer to be deposited in the fund during that fiscal year.
5. 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.
6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 12. NRS 439.620 is hereby amended to read as follows:
439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:
(a) Shall maintain the financial records of the fund;
(b) Shall invest the money in the fund as the money in other state funds is invested;
(c) Shall manage any account associated with the fund;
(d) Shall maintain any instruments that evidence investments made with the money in the fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the fund.
3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
4. Upon receiving a request from the state treasurer or the department for an allocation for administrative expenses from the fund pursuant to this section, the task force shall consider the request within 45 days after receipt of the request. If the task force approves the amount requested for allocation, the task force shall notify the state treasurer of the allocation. If the task force does not approve the requested allocation within 45 days after receipt of the request, the state treasurer or the department, as applicable, may submit its request for allocation to the interim finance committee. Except as otherwise limited by this subsection, the interim finance committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:
(a) Not more than 2 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the state treasurer to administer the fund; and
(b) Not more than 3 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the department, including, without limitation, the aging services division of the department, to carry out its duties set forth in NRS 439.625 [to 439.690, inclusive,] , 439.630, and sections 2 to 10, inclusive, of this act.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the state treasurer to be deposited in the fund during that fiscal year.
5. 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.
6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 13. NRS 439.625 is hereby amended to read as follows:
439.625 1. The task force for the fund for a healthy Nevada is hereby created. The membership of the task force consists of:
(a) Three members appointed by the majority leader of the senate, one of whom must be a senator and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; [and]
(b) Three members appointed by the speaker of the assembly, one of whom must be an assemblyman and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; and
(c) Three members appointed by the governor, one of whom must have experience with and knowledge of matters relating to health care.
Each member appointed pursuant to this subsection must be a resident of this state and must not be employed in the executive or judicial branch of state government.
[2.] Each person who appoints members pursuant to this subsection [1] shall ensure that insofar as practicable, the members whom he appoints reflect the ethnic and geographical diversity of this state.
2. At its first meeting on or after July 1 of each odd-numbered year, the task force shall select the chairman and vice chairman of the task force from among the legislative members of the task force. Each such officer shall hold office for a term of 2 years or until his successor is selected. The chairmanship of the task force must alternate each biennium between the houses of the legislature.
3. For each day or portion of a day during which a member of the task force who is a legislator attends a meeting of the task force or is otherwise engaged in the work of the task force, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the task force must be paid from the legislative fund.
4. Members of the task force who are not legislators serve without salary, except that they are entitled to receive travel expenses provided for state officers and employees generally. The travel expenses of:
(a) A member of the task force who is an officer or employee of a local government thereof must be paid by the local government that employs him.
(b) Each remaining member of the task force must be paid from the legislative fund.
5. Each member of the task force who is an officer or employee of a local government must be relieved from his duties without loss of his regular compensation so that he may perform his duties relating to the task force in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the task force to:
(a) Make up the time he is absent from work to fulfill his obligations as a member of the task force; or
(b) Take annual leave or compensatory time for the absence.
6. The legislative counsel bureau and the department shall provide such administrative support to the task force as is required to carry out the duties of the task force. The state health officer shall provide such technical advice and assistance to the task force as is requested by the task force.
Sec. 14. NRS 439.630 is hereby amended to read as follows:
439.630 1. The task force for the fund for a healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The department shall submit a quarterly report to the governor , the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund [each year] for a healthy Nevada each year for programs that improve health services for children and [for] the health and well-being of persons with disabilities.
(g) Maximize expenditures through local, federal and private matching contributions.
(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals [.] per fiscal year.
(j) To make the allocations required by paragraphs (e) and (f) : [of subsection 1:]
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the governor and the interim finance committee.
(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.
2. The task force may take such other actions as are necessary to carry out its duties.
3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.
4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.
5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The aging services division of the department shall not expend or transfer any money allocated to the aging services division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.
6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 15. NRS 439.630 is hereby amended to read as follows:
439.630 1. The task force for the fund for a healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall submit a quarterly report to the governor, the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that improve health services for children and the health and well-being of persons with disabilities.
(g) Maximize expenditures through local, federal and private matching contributions.
(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per fiscal year.
(j) To make the allocations required by paragraphs (e) and (f):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the governor and the interim finance committee.
(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.
2. The task force may take such other actions as are necessary to carry out its duties.
3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.
4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.
5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The aging services division of the department shall not expend or transfer any money allocated to the aging services division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act.
6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 16. NRS 439.665 is hereby amended to read as follows:
439.665 1. The department shall enter into contracts with private insurers who transact health insurance in this state to arrange for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services.
2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who is not eligible for Medicaid and who purchases a policy of health insurance that is made available pursuant to subsection 1 is entitled to an annual grant from the trust fund to subsidize [a portion of] the cost of that insurance , including premiums and deductibles, if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is [within one of the income ranges for which grants are provided pursuant to this subsection to the extent determined by the percentage shown opposite his household income on the following schedule:
Percent of
Amount of Household Cost of Insurance Allowable
Income Is Over But Not Over as a Subsidy
$0 - $12,700 90
12,700 - 14,800 80
14,800 - 17,000 50
17,000 - 19,100 25
19,100 - 21,500 10] not over $21,500.
3. The [amount of any] subsidy granted pursuant to this section must not exceed the annual cost of insurance that provides coverage for prescription drugs and pharmaceutical services [or $480 per year, whichever is less.] , including premiums and deductibles.
4. A policy of health insurance that is made available pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer; and
(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer.
5. The department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicant’s household have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based on a significant reduction of income, when considering the applicant’s current financial circumstances.
An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.
6. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the department may, upon approval of the legislature, or the interim finance committee if the legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the fund for a healthy Nevada.
7. The provisions of subsections 1 to 5, inclusive, do not apply if the department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 6.
Sec. 17. NRS 439.670 is hereby amended to read as follows:
439.670 1. A senior citizen who wishes to receive a subsidy pursuant to NRS 439.665 must file a request therefor with the department.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The department shall, within 45 days after receiving a request for a subsidy, examine the request [,] and grant or deny it . [, and if granted, shall determine the amount of the subsidy to which the senior citizen is entitled.]
4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to NRS 439.665 and pay the subsidy directly to an insurer with whom the department has entered into a contract pursuant to NRS 439.665.
Sec. 18. NRS 439.675 is hereby amended to read as follows:
439.675 1. The department shall deny any request for a subsidy received pursuant to NRS 439.670 to which the senior citizen is not [entitled or any amount in excess of that to which the senior citizen is] entitled.
2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.
3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada.
Sec. 19. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in subsections 2 and 3, the interim finance committee may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.
2. During a regular session, the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, subsection 6 of NRS 445B.830 and NRS 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
3. During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.
4. If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 20. NRS 439.635, 439.640, 439.645, 439.650, 439.655, 439.660, 439.665, 439.670, 439.675, 439.680, 439.685 and 439.690 are hereby repealed.
Sec. 21. 1. The department of human resources shall:
(a) Periodically review the formulary that is covered by a policy of health insurance that is made available pursuant to NRS 439.635 to 439.690, inclusive, and ensure that the formulary includes prescription drugs and pharmaceutical services that senior citizens generally require; and
(b) File a report on December 1, 2002, with the governor and the director of the legislative counsel bureau setting forth:
(1) The number of senior citizens who are insured by a policy of health insurance that is made available pursuant to NRS 439.635 to 439.690, inclusive, and the number of those senior citizens who are receiving an annual grant from the fund for a healthy Nevada to subsidize the cost of that insurance; and
(2) Whether, based on the money available to the department of human resources for the period from January 1, 2002, to December 31, 2002, for providing subsidies to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, the department had the financial ability to provide subsidies to at least 4,700 senior citizens and the coverage and benefits set forth in NRS 439.635 to 439.690, inclusive.
2. If the Governor determines that it is in the best interests of the state that the Senior Option Program set forth in sections 2 to 10, inclusive, of this act be implemented before January 1, 2003, to replace the provisions of NRS 439.635 to 439.690, inclusive, he shall issue a proclamation to that effect.
Sec. 22. 1. As soon as practicable after July 1, 2001, the task force for the fund for a healthy Nevada shall select:
(a) The chairman of the task force from among the members of the task force who are members of the senate; and
(b) The vice chairman of the task force from among the remaining legislative members of the task force.
2. Each officer selected pursuant to subsection 1 shall hold office for a term of 2 years or until his successor is selected.
Sec. 23. 1. On July 2, 2001, after reserving the amount of the administrative costs which may be allocated pursuant to subsection 4 of NRS 439.620 for fiscal year 2001-2002, the state treasurer shall allocate from the remaining amount of money in the fund for a healthy Nevada thirty percent to the department of human resources for expenditure pursuant to NRS 439.635 to 439.690, inclusive.
2. If applicable, on July 1, 2002, after reserving the amount of the administrative costs which may be allocated pursuant to subsection 4 of NRS 439.620 for fiscal year 2002-2003, the state treasurer shall allocate from the remaining amount of money in the fund for a healthy Nevada thirty percent to the department of human resources for expenditure pursuant to NRS 439.635 to 439.690, inclusive.
Sec. 24. 1. This section and sections 11, 13, 14, 16 to 19, inclusive, 21, 22 and 23 of this act become effective upon passage and approval.
2. Sections 1 to 10, inclusive, and 12, 15 and 20 of this act become effective:
(a) Upon proclamation by the Governor pursuant to subsection 2 of section 21 of this act; or
(b) On January 1, 2003, if the report filed by the department of human resources pursuant to paragraph (b) of subsection 1 of section 21 of this act indicates either that:
(1) There are fewer than 3,500 senior citizens enrolled in and receiving subsidies pursuant to a program established pursuant to NRS 439.635 to 439.690, inclusive; or
(2) The annual allocation of money available to the department of human resources for the period from January 1, 2002, to December 31, 2002, to provide subsidies to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, was not sufficient to provide at least 4,700 senior citizens with the subsidized insurance-based coverage and benefits set forth in NRS 439.635 to 439.690, inclusive.”.
Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 24, to read as follows:
LEADLINES OF REPEALED SECTIONS
439.635 Definitions.
439.640 “Household income” defined.
439.645 “Income” defined.
439.650 “Senior citizen” defined.
439.655 Administration: Powers and duties of department.
439.660 Administration: Cooperation between state and local agencies.
439.665 Contracts for provision of insurance coverage for pharmaceutical services; eligibility for and amount of subsidies.
439.670 Request for subsidy; action on request; payment of subsidy.
439.675 Denial of request for subsidy; repayment of amount received pursuant to fraudulent request.
439.680 Judicial review of decision to deny request for subsidy.
439.685 Revocation of subsidy and payment of restitution.
439.690 Restrictions on use of information contained in request for subsidy.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the fund for a healthy Nevada; providing that a portion of the money in the fund may be used to pay certain administrative costs incurred by the state treasurer and the department of human resources; providing for the appointment and terms of office of certain officers of the task force; revising the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; directing the development of an additional subsidized state program to provide prescription drugs and pharmaceutical services to senior citizens with low incomes and repealing the existing insurance-based program under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning fund for a healthy Nevada and program to provide prescription drugs and pharmaceutical services to senior citizens with low incomes under certain circumstances. (BDR 40‑536)”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 539.
Remarks by Senator Rawson.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 548.
The following Assembly amendment was read:
Amendment No. 800.
Amend sec. 3, page 3, by deleting lines 26 through 28 and inserting: “sentence of a person convicted of an offense listed in subsection 3 unless :”.
Amend sec. 3, page 3, by deleting line 35 and inserting: “pursuant to NRS 176.139, a psychologist licensed to practice in this state who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this state who is certified by the American Board of Psychiatry and neurology and is trained to conduct”.
Amend sec. 3, page 4, by deleting lines 21 through 23.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 548.
Remarks by Senator James.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 25.
The following Assembly amendment was read:
Amendment No. 866.
Amend section 1, page 1, line 2, by deleting: “subsection [3,] 6,” and inserting: “[subsection 3,] this section,”.
Amend section 1, page 1, line 9, by deleting “[or]” and inserting “or”.
Amend section 1, page 1, by deleting lines 11 through 14 and inserting “terminated,”.
Amend section 1, page 2, line 2, by deleting “[also]”.
Amend section 1, page 2, line 3, before “may” by inserting “also”.
Amend section 1, page 2, by deleting lines 7 through 22 and inserting:
“3. A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or restricted visits with the child.
4. If a parent of the child has denied or restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by a preponderance of the evidence that it is in the best interests of the child to grant visitation.
5. The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.
6. In determining whether [to grant a right to visitation to a petitioner pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:”.
Amend section 1, page 3, by deleting lines 6 through 10 and inserting:
“4.] 7. If the parental rights of either or both natural parents of a child are”.
Amend section 1, page 3, line 19, by deleting: “, by a preponderance of the evidence,”.
Amend section 1, page 3, by deleting line 21, and inserting: “paragraphs (a) to (j), inclusive, of subsection [3.] 6.”.
Amend section 1, page 3, line 22, by deleting “7.” and inserting “8.”.
Amend section 1, page 3, by deleting lines 31 through 35 and inserting:
“(3) If the petition is based on the provisions of subsection 2, after the”.
Amend section 1, page 3, line 37, by deleting “8.” and inserting “9.”.
Amend section 1, page 3, by deleting lines 41 through 45 and inserting:
“[7.] 10. For the purposes of this section, “separation” means:”.
Amend the bill as a whole by adding the following assemblywoman as a primary joint sponsor: Assemblywoman Berman.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 25.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 62.
The following Assembly amendments were read:
Amendment No. 840.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided by a specific statute, an agency, board, commission or political subdivision of this state, including an agency, board, commission or governing body of a local government, shall not prohibit or impose restrictions that are more stringent than those set forth in this chapter concerning any of the following events in which an animal is used:
(a) A rodeo; or
(b) A livestock show or exhibition that promotes the proper care, husbandry or performance of an animal.
2. As used in this section, “animal” has the meaning ascribed to it in NRS 574.050.”.
Amend the title of the bill, first line, after “relating to animals;” by inserting: “prohibiting state and local governmental entities from prohibiting or imposing certain restrictions concerning certain events in which animals are used;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions regarding mistreatment of animals. (BDR 50-713)”.
Assembly Amendment No. 771.
Amend sec. 2, page 2, by deleting line 28 and inserting: “4. A person who”.
Amend sec. 2, page 2, line 34, by deleting “or 2”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 3 and 4.
Amend the bill as a whole by deleting sec. 6 and renumbering sec. 7 as sec. 5.
Amend sec. 7, page 5, by deleting lines 36 through 42 and inserting:
“2. A person who violates subsection 1:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. In addition to any other fine or penalty provided in subsection 2, a court shall order a person convicted of violating subsection 1 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, including, without limitation, money expended for veterinary treatment, feed and housing.
4. If any animal [shall be] is at any time impounded as provided in”.
Amend the bill as a whole by deleting sec. 8 and renumbering sec. 9 as sec. 6.
Amend sec. 9, page 6, by deleting lines 26 through 29 and inserting: “the animal is the property of himself or another, is guilty of a gross misdemeanor. In addition to any other penalty, the court shall order the person”.
Amend the bill as a whole by deleting sections 10 through 13 and renumbering sections 14 through 18 as sections 7 through 11.
Amend sec. 17, page 8, by deleting lines 22 through 24 and inserting: “paragraph (b) or (c) of subsection 4 of NRS 574.070 or paragraph (b) or (c) of subsection 5 of NRS 574.070, as amended by”.
Senator James moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 62.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 83.
The following Assembly amendment was read:
Amendment No. 894.
Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5.
2. The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$125,000] $160,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.
3. Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:
(a) Any mortgage or deed of trust thereon executed and given; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070, by both husband and wife, when that relation exists.
4. If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:
(a) Any mortgage or deed of trust thereon; and
(b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070, unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.
5. Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.
6. Any declaration of homestead which has been filed before October 1, [1995,] 2001, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before October 1, [1995.] 2001.
Sec. 2. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated, that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$125,000,] $160,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property, and if the amount of equity exceeds the sum of [$125,000,] $160,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.
2. If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, he shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire property to be sold, and out of the proceeds the sum of [$125,000] $160,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$125,000] $160,000 may be received by the officer making the sale.
3. When the execution is against a husband or wife, the judge may direct the [$125,000] $160,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.
Sec. 3. NRS 21.075 is hereby amended to read as follows:
21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
A court has determined that you owe money to ..........(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received under the Social Security Act.
2. Payments for benefits or the return of contributions under the public employees’ retirement system.
3. Payments for public assistance granted through the welfare division of the department of human resources.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as unemployment compensation.
7. Veteran’s benefits.
8. A homestead in a dwelling or a mobile home, not to exceed [$125,000,] $160,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
9. A vehicle, if your equity in the vehicle is less than $4,500.
10. Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.
11. Money, not to exceed $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code , [(]26 U.S.C. §§ 401 et seq.[).]
12. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.
13. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
14. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
15. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ..........(name of organization in county providing legal services to indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
Sec. 4. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $4,500 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 , 29 U.S.C § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$125,000] $160,000 in value and the dwelling is situate upon lands not owned by him.
(n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.
(o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(q) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code , [(]26 U.S.C. §§ 401 et seq.[).]
(r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
2. Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 [(92 Stat. 2586)] , 11 U.S.C § 522(d), do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
Sec. 5. NRS 31.045 is hereby amended to read as follows:
31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:
(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Plaintiff, .......... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment , the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received under the Social Security Act.
2. Payments for benefits or the return of contributions under the public employees’ retirement system.
3. Payments for public assistance granted through the welfare division of the department of human resources.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as unemployment compensation.
7. Veteran’s benefits.
8. A homestead in a dwelling or a mobile home, not to exceed [$125,000,] $160,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
9. A vehicle, if your equity in the vehicle is less than $4,500.
10. Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.
11. Money, not to exceed $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code , [(]26 U.S.C. §§ 401 et seq.[).]
12. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.
13. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
14. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
15. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .......... (name of organization in county providing legal services to the indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.”.
Amend the title of the bill to read as follows:
“AN ACT relating to property; increasing the amount of the homestead exemption; exempting from execution a greater amount of equity in certain dwellings; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Increases amount of homestead exemption. (BDR 10‑4)”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 83.
Remarks by Senators James, Neal, Rawson and O'Donnell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 171.
The following Assembly amendment was read:
Amendment No. 895.
Amend section 1, page 3, line 5, by deleting “three-fourths” and inserting: “a majority plus one”.
Amend section 1, page 3, line 27, by deleting “directly” and inserting “exclusively”.
Amend section 1, page 3, line 28, by deleting “operation of” and inserting: “gaming activities at”.
Amend sec. 2, page 3, by deleting lines 31 and 32 and inserting: “district pursuant to NRS 463.3086 that is filed on or after December 31, 2001.”.
Amend sec. 3, page 3, line 33, by deleting: “upon passage and approval.” and inserting: “on December 31, 2001.”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 171.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 399.
The following Assembly amendment was read:
Amendment No. 880.
Amend the bill as a whole by deleting sections 1 through 42 and adding new sections designated sections 1 through 53, following the enacting clause, to read as follows:
“Section 1. NRS 385.363 is hereby amended to read as follows:
385.363 The department shall, on or before April 1 of each year:
1. Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and
2. Except as otherwise provided in subsection 3 and NRS 385.364, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:
(a) Demonstrating exemplary achievement;
(b) Demonstrating high achievement;
(c) Demonstrating adequate achievement; or
(d) Demonstrating need for improvement.
3. The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:
(a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;
(b) Serves only pupils with disabilities;
(c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school [;] , including, without limitation, a program of distance education for pupils at risk of dropping out of high school provided pursuant to sections 25 to 33, inclusive, of this act; or
(d) Is operated within a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
Sec. 2. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. The provisions of NRS 386.500 to 386.610, inclusive, and sections 3 to 6, inclusive, of this act do not authorize an existing public school, private school, home school or other program of home study to convert to a charter school.
Sec. 4. 1. A charter school shall not, except as otherwise authorized by subsection 5 of NRS 386.570, be supported by or otherwise affiliated with a corporation, business or other entity that operates for profit.
2. A charter school shall not operate for profit.
3. Neither a corporation, business or other entity that operates for profit, or any representative thereof, may operate or manage a charter school.
4. Neither a charter school nor the governing body of a charter school may enter into a contract or otherwise procure educational or administrative services for the charter school from a corporation, business or other entity that operates for profit, except for the procurement of equipment and supplies, clerical services and other services incidental to the educational services and programs provided by the charter school.
Sec. 5. 1. Unless otherwise authorized by specific statute, it is unlawful for a member of the board of trustees of a school district or an employee of a school district to solicit or accept any gift or payment of money on his own behalf or on behalf of the school district or for any other purpose from a member of a committee to form a charter school, the governing body of a charter school, or any officer or employee of a charter school.
2. This section does not prohibit the payment of a salary or other compensation or income to a member of the board of trustees or an employee of a school district for services provided in accordance with a contract made pursuant to NRS 386.560.
3. A person who violates subsection 1 shall be punished for a misdemeanor.
Sec. 6. If a charter school provides instruction to pupils enrolled in a high school grade level and the charter school requires those pupils to satisfy requirements for graduation from high school that are less than the requirements imposed by the school district in which the charter school is located, the charter school shall not issue a high school diploma of the school district but may issue a high diploma which clearly indicates that that it is a diploma issued by a charter school. The provisions of this section do not authorize a charter school to impose requirements for graduation from high school that are less than the requirements of the applicable state statutes and regulations.
Sec. 7. NRS 386.500 is hereby amended to read as follows:
386.500 For the purposes of NRS 386.500 to 386.610, inclusive, and sections 3 to 6, inclusive, of this act, a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils with limited proficiency in the English language, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.
Sec. 8. NRS 386.505 is hereby amended to read as follows:
386.505 The legislature declares that by authorizing the formation of charter schools it is not authorizing:
1. The [establishment of a charter school as a justification to keep open] conversion of an existing public school [that would otherwise be closed;] to a charter school.
2. A means for providing financial assistance for private schools or programs of home study; or
3. The formation of charter schools on the
basis of a single race, religion or ethnicity.
Sec. 9. NRS 386.520 is hereby amended to read as follows:
386.520 1. A committee to form a charter school must consist of at leastthreeteachers, as defined in [NRS 391.311, alone or in combination with:
(a) Ten or more members] subsection 4. In addition to the teachers who serve, the committee may consist of:
(a) Members of the general public;
(b) Representatives of [an organization devoted to service to the general public;
(c) Representatives of a private business; or
(d)] nonprofit organizations and businesses; or
(c) Representatives of a college or university within the University and Community College System of Nevada.
A majority of the persons described in paragraphs (a), (b) and (c) who serve on the committee must be residents of this state at the time that the application to form the charter school is submitted to the department.
2. Before a committee to form a charter school may submit an application to the board of trustees of a school district, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:
(a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive[.] , and sections 3 to 6, inclusive, of this act.
(b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:
(1) Improving the opportunities for pupils to learn;
(2) Encouraging the use of effective methods of teaching;
(3) Providing an accurate measurement of the educational achievement of pupils;
(4) Establishing accountability of public schools;
(5) Providing a method for public schools to measure achievement based upon the performance of the schools; or
(6) Creating new professional opportunities for teachers.
(c) The projected enrollment of pupils in the charter school.
(d) The proposed dates of enrollment for the charter school.
(e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.
(f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.
(g) The proposed curriculum for the charter school.
(h) The textbooks that will be used at the charter school.
(i) The qualifications of the persons who will provide instruction at the charter school.
(j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.
(k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.
(l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.
(m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.
(n) The time by which certain academic or educational results will be achieved.
3. The department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, private school, home school or other program of home study into a charter school, the department shall deny the application. The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
4. As used in subsection 1, “teacher” means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and
(b) Has been employed as a teacher for at least 3 years.
The term does not include a person who is employed as a substitute teacher.
Sec. 10. NRS 386.525 is hereby amended to read as follows:
386.525 1. Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at its next regularly scheduled meeting, but not later than 14 days after the receipt of the application, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees shall review the application to determine whether the application:
(a) Complies with NRS 386.500 to 386.610, inclusive, and sections 3 to 6, inclusive, of this act and the regulations applicable to charter schools; and
(b) Is complete in accordance with the regulations of the department.
2. In addition to the considerations set forth in paragraphs (a) and (b) of subsection 1, the board of trustees of a school district that reviews an application to form a charter school may:
(a) In its review of the application pursuant to paragraph (k) of subsection 2 of NRS 386.520, consider the financial viability of the proposed charter school.
(b) In its determination whether to approve or deny an application, consider whether the proposed charter school will have an adverse financial effect on the school district.
3. The department shall assist the board of trustees of a school district in the review of an application. [The] Except as otherwise provided in paragraph (b) of subsection 2, the board of trustees shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees shall provide written notice to the applicant of its approval or denial of the application.
[3.] 4. If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
[4.] 5. If the board of trustees denies an application after it has been resubmitted pursuant to subsection [3,] 4, the applicant may submit a written request to the subcommittee on charter schools created pursuant to NRS 386.507, not more than 30 days after receipt of the written notice of denial, to direct the board of trustees to reconsider the application. The subcommittee shall consider requests for reconsideration in the order in which they are received. If the subcommittee receives such a request, it shall consider the request at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the subcommittee shall provide written notice of its determination to the applicant and to the board of trustees. If the subcommittee denies the request for reconsideration, the applicant may, not more than 30 days after the receipt of the written notice from the subcommittee, appeal the determination to the district court of the county in which the proposed charter school will be located.
[5.] 6. If the subcommittee on charter schools grants a request to direct reconsideration, the written notice to the board of trustees of the school district that denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the subcommittee directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the subcommittee, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the board of trustees, appeal the final determination to the district court of the county in which the proposed charter school will be located.
Sec. 11. NRS 386.527 is hereby amended to read as follows:
386.527 1. Except as otherwise provided in subsection 3, if the board of trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The board of trustees shall, not later than 10 days after the approval of the application, provide written notice to the department of the approval and the date of the approval. The board of trustees that approves the application shall be deemed the sponsor of the charter school. A written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to (n), inclusive, of subsection 2 of NRS 386.520. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.
2. The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 3 to 6, inclusive, of this act and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.
3. If the board of trustees of a school district is considering an application to form a charter school and determines that the applicant is not yet eligible for the issuance of a charter pursuant to subsection 1, it may, if applicable, hold the application in abeyance and grant a conditional charter to the applicant if the applicant:
(a) Has not obtained a building, equipment or personnel for the charter school; and
(b) Submits proof satisfactory to the entity which is considering the application that acceptance of the application is necessary to obtain the building, equipment or personnel for the charter school.
The board of trustees of a school district that grants a conditional charter pursuant to this subsection shall provide written notice to the state board of its action.
4. A conditional charter expires 1 year after its issuance and is nonrenewable. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school. Beforethe expiration of a conditional charter, the holder of the conditional charter may submit a supplemental application and request the board of trustees that granted the conditional charter to determine whether the holder is eligible for the issuance of a charter pursuant to subsection 1. The supplemental application must be submitted within a period which allows the board of trustees to ensure that the charter school complies with the requirements of this subsection. The board of trustees shall consider such a request as soon as is practicable. In its review of the request, the board of trustees shall determine whether the facility that the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided by this subsection, the board of trustees shall make such a determination 30 days before the first day of school for the:
(a) Schools of the school district that operate on a traditional school schedule and not a year-round school schedule; or
(b) Charter school, whichever date the board of trustees selects. The board of trustees shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected, however, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.
Sec. 12. NRS 386.549 is hereby amended to read as follows:
386.549 1. The governing body of a charter school [shall] must consist of at least threeteachers, as defined in [NRS 391.311,] subsection 5, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses. A majority of the members of the governing body must reside in this state. If the membership of the governing body changes, the governing body must provide written notice to the sponsor of the charter school within 10 working days after such change.
2. Each person who desires to serve on the governing body of a charter school shall submit to the superintendent of public instruction a complete set of his fingerprints and written permission authorizing the superintendent to forward the fingerprints to the Federal Bureau of Investigation and to the central repository for Nevada records of criminal history for their reports on the criminal history of the proposed member. A person may serve on the governing body only if the reports on the criminal history from the Federal Bureau of Investigation and the central repository for Nevada records of criminal history:
(a) Do not indicate that the person has been convicted of a felony or any offense involving moral turpitude; or
(b) Indicate that the person has been convicted of a felony or an offense involving moral turpitude, but the superintendent of public instruction determines that the conviction is unrelated to the duties of a member of the governing body.
3. The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.
4. The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located.
5. As used in this section, “teacher” means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and
(b) Has been employed as a teacher for at least 3 years.
The term does not include a person who is employed as a substitute teacher.
Sec. 13. NRS 386.550 is hereby amended to read as follows:
386.550 1. A charter school shall:
[1.] (a) Comply with all laws and regulations relating to discrimination and civil rights.
[2.] (b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
[3.] (c) Refrain from charging tuition or fees, levying taxes or issuing bonds.
[4.] (d) Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
[5.] (e) Comply with the provisions of chapter 241 of NRS.
[6.] (f) Except as otherwise provided in this [subsection,] paragraph, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this [subsection.] paragraph. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:
[(a)] (1) Extenuating circumstances exist to justify the waiver; and
[(b)] (2) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.
[7.] (g) Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 and the examinations required pursuant to NRS 389.550 to the pupils who are enrolled in the charter school.
[8.] (h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
[9.] (i) Provide instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This [subsection] paragraph does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
[10.] (j) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.
[11.] (k) Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.
[12.] (l) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Commission on Schools of the Northwest Association of Schools and Colleges.
[13.] (m) Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.
(n) If the charter school provides a program of distance education pursuant to sections 25 to 33, inclusive, of this act, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.
2. A charter school shall not provide instruction, including, without limitation, instruction provided through a program of distance education, to children who are exempt from compulsory attendance and receiving equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070. As used in this subsection, “distance education” has the meaning ascribed to it in section 26 of this act.
Sec. 14. NRS 386.560 is hereby amended to read as follows:
386.560 1. The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the University and Community College System of Nevada for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation and the provision of health services for the pupils who are enrolled in the charter school.
2. A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.
3. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.
4. [Upon] Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:
(a) Space for the pupil in the class or extracurricular activity is available; and
(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.
If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to section 31 of this act.
5. Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:
(a) Space is available for the pupil to participate; and
(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.
If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.
6. The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.
Sec. 15. NRS 386.570 is hereby amended to read as follows:
386.570 1. Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
2. The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer.
3. The sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship during 1 school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the sponsor of the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. The amount of reimbursement that a charter school may be required to pay pursuant to this subsection must not exceed:
(a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
(b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
4. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection [2] 4 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.
[4.] 5. The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.
[5.] 6. If a charter school uses money received from this state to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.
Sec. 16. NRS 386.590 is hereby amended to read as follows:
386.590 1. Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.
2. A governing body of a charter school shall employ:
(a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.
(b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:
(1) English, including reading, composition and writing;
(2) Mathematics;
(3) Science; and
(4) Social studies, which includes only the subjects of history, geography, economics and government.
(c) In addition to the requirements of paragraphs (a) and (b):
(1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.
(2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.
(3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.
It is unlawful for the governing body of a charter school to employ any teacher pursuant to this subsection who is not legally qualified to teach all the grades that the teacher is engaged to teach.
3. A charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsection 2 if the person has:
(a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
4. A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:
(a) A master’s degree in school administration, public administration or business administration; or
(b) If the person has at least 5 years of experience in administration, a baccalaureate degree.
5. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.
6. On or before November 15 of each year, a charter school shall submit to the department, in a form prescribed by the superintendent of public instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the department, of the employee.
Sec. 17. NRS 386.595 is hereby amended to read as follows:
386.595 1. Except as otherwise provided in this subsection and subsections 2 , 3 and [3,] 4, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. [If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.] An employee of a charter school is not a member of the same bargaining unit as an employee of the school district and is not entitled to representation by the employee organization that is a party to the collective bargaining agreement of the school district. However, during the time that the collective bargaining agreement of the school district remains applicable to the employees of the charter school, the employee organization that is a party to the agreement may, but is not required to, represent an employee of the charter school in a grievance proceeding or other dispute arising out of the agreement.
2. A charter school is exempt from the specific provisions of the collective bargaining agreement of the school district that controls the:
(a) Periods of preparation time for teachers, provided that the charter school allows at least the same amount of time for preparation as the school district;
(b) Times of day that a teacher may work;
(c) Number of hours that a teacher may work in 1 day;
(d) Number of hours and days that a teacher may work in 1 week; and
(e) Number of hours and days that a teacher may work in 1 year. If a teacher works more than the number of hours or days prescribed in the collective bargaining agreement, the teacher must be compensated for the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.
3. A teacher or a governing body of a charter school may request that the [board of trustees of the school district and other persons] parties who entered into the collective bargaining agreement of the school district grant a waiver from specific provisions of the [collective bargaining] agreement for the teacher or governing body.
4. The collective bargaining agreement of a school district in which a charter school is located ceases to apply to the employees in any bargaining unit recognized by the governing body of the charter school pursuant to chapter 288 of NRS if, pursuant to that chapter, an employee organization is recognized as the exclusive bargaining agent for those employees and a new collective bargaining agreement is entered into between the governing body and the employee organization. The employee organization that is a party to the collective bargaining agreement of the school district may seek recognition on the same basis as any other employee organization.
5. All employees of a charter school shall be deemed public employees.
[5.] 6. The governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable collective bargaining agreement contains separate provisions relating to the discipline of licensed employees of a school.
[6.] 7. If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement.
[7.] A school district is not required to reassign an employee of a charter school pursuant to this subsection if the employee:
(a) Was not granted a leave of absence by the school district to teach at the charter school pursuant to subsection 8; or
(b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection 8.
8. The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.
[8.] 9. An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.
[9.] 10. Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.
[10.] 11. An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.
[11.] 12. For all employees of a charter school:
(a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.
(b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.
[12.] 13. If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:
(a) Ensure that the premiums for that insurance are paid to the board of trustees; and
(b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.
Sec. 18. NRS 386.600 is hereby amended to read as follows:
386.600 1. On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the superintendent of public instruction , the governor and the director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly a report that includes:
(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.
(b) For each licensed employee and nonlicensed teacher employed by the charter school on October 1 of that year:
(1) The amount of salary of the employee; and
(2) The designated assignment, as that term is defined by the department, of the employee.
(c) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(d) The count of pupils who are enrolled in a charter school in:
(1) Kindergarten;
(2) Grades 1 to 12, inclusive; and
(3) Special education pursuant to NRS 388.440 to 388.520, inclusive.
(e) The actual expenditures of the charter school in the fiscal year immediately preceding the report.
(f) The proposed expenditures of the charter school for the current fiscal year.
(g) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations.
(h) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(i) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.
(j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the governor, the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each governing body pursuant to subsection 1.
3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the state distributive school account for the preceding year.
Sec. 19. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district , including, without limitation, a program of distance education provided by the school district, or pupils who reside in the county in which the school district is located and are enrolled in any charter school , including, without limitation, a program of distance education provided by a charter school for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Pupils who reside in the county and are enrolled part time in a program of distance education if an agreement is filed with the superintendent of public instruction pursuant to section 30 or 31 of this act, as applicable.
(e) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
[(e)] (f) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560.
[(f)] (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.
[(g)] (h) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs [(e) and (f).] (d), (f) and (g).
2. The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
4. [A] The provisions of subsection 3 do not apply to a charter school [is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.] or a program of distance education provided pursuant to sections 25 to 33, inclusive, of this act.
Sec. 20. NRS 387.1233 is hereby amended to read as follows:
387.1233 1. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.
(3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.
(4) The count of pupils who reside in the county and are enrolled:
(I) In a public school of the school district and are concurrently enrolled part time in a program of distance education provided by another school district or a charter school if an agreement is filed with the superintendent of public instruction pursuant to section 30 of this act on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).
(II) In a charter school and are concurrently enrolled part time in a program of distance education provided by a school district or another charter school if an agreement is filed with the superintendent of public instruction pursuant to section 31 of this act on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).
(5) The count of pupils not included under subparagraph (1) , [or] (2) , (3) or (4) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
[(4)] (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.
[(5)] (7) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.
[(6)] (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.
5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.
Sec. 21. NRS 387.124 is hereby amended to read as follows:
387.124 Except as otherwise provided in this section and NRS 387.528:
1. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall [, except as otherwise provided in subsections 2 and 3,] apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school[.] and all the funds attributable to pupils who reside in the county but are enrolled full time or part time in a program of distance education provided by another school district or a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. If a school district provides a program of distance education:
(a) No apportionment may be made to the school district for pupils who reside in another county and are enrolled full time in the program of distance education unless an agreement is filed pursuant to section 30 of this act; and
(b) The apportionment to the school district pursuant to this subsection for all pupils who are enrolled full time in the program of distance education must be reduced by the amount of money, as determined by the department, that would have otherwise been allocated for the transportation of each pupil enrolled in the program of distance education.
2. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides [.] minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If a charter school provides a program of distance education, the apportionment to the charter school pursuant to this subsection for pupils who are enrolled full time in the program of distance education must be reduced by the amount of money, as determined by the department, that would have otherwise been allocated for the transportation of each pupil enrolled in the program of distance education. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.
[2.] 3. In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to section 30 or 31 of this act, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.
4. The governing body of a charter school may submit a written request to the superintendent of public instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the superintendent of public instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.
[3.] 5. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.
Sec. 22. NRS 387.1243 is hereby amended to read as follows:
387.1243 1. The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.
2. The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the state board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county in which the school district is located certify to the department of education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:
(a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and
(b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.
If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the state distributive school account in the state general fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.
3. On or before August 1 of each year, the board of trustees of a school district shall provide to the department, in a format prescribed by the department, the count of pupils calculated pursuant to subparagraph (6) (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the department must be included in the final adjustment computed pursuant to subsection 4.
4. A final adjustment for each school district and charter school must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district or a charter school located within the school district described in paragraphs (a), (b), (c) and [(d)] (e) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:
(a) A 3-percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by 2 percent.
(b) A 6-percent gain, basic support as computed from first month enrollment for the school district or charter school must be increased by an additional 2 percent.
5. If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.
Sec. 23. NRS 387.185 is hereby amended to read as follows:
387.185 1. Except as otherwise provided in subsection 2 and NRS 387.528, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
2. Except as otherwise provided in NRS 387.528, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.
4. Except as otherwise provided in this subsection, all school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124. If the superintendent of public instruction has approved, pursuant to subsection [2] 4 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the state treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.
Sec. 24. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 25 to 33, inclusive, of this act.
Sec. 25. As used in sections 25 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 26 and 27 of this act have the meanings ascribed to them in those sections.
Sec. 26. “Distance education” means instruction which is delivered by means of video, computer, television, correspondence or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.
Sec. 27. “Program of distance education” means a program which uses distance education as its primary mechanism for delivery and is comprised of one or more courses of study that is designed for pupils who:
1. Are participating in a program for pupils who are at risk of dropping out of high school pursuant to NRS 388.537.
2. Are participating in a program of independent study pursuant to NRS 389.155.
3. Are enrolled in a public school that does not offer advanced courses.
4. Have a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050.
5. Would otherwise be excused from compulsory attendance pursuant to NRS 392.080.
6. Are otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675.
Sec. 28. 1. The board of trustees of a school district or the governing body of a charter school may submit an application to the department to provide a program of distance education.
2. An application to provide a program of distance education must include:
(a) All the information prescribed by the state board by regulation.
(b) Proof satisfactory to the department that the program satisfies all applicable statutes and regulations.
3. The department may approve an application submitted pursuant to this section if the application satisfies the requirements of sections 25 to 33, inclusive, of this act and all other applicable statutes and regulations. The department shall not unreasonably withhold its approval of an application.
Sec. 29. 1. A pupil may enroll in a program of distance education if he:
(a) Is participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537;
(b) Is participating in a program of independent study pursuant to NRS 389.155;
(c) Is enrolled in a public school that does not offer certain advanced courses which the pupil desires to attend;
(d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;
(e) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080; or
(f) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675.
2. In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the state board pursuant to section 33 of this act.
3. A child who is exempt from compulsory attendance and receiving equivalent instruction authorized by the state board pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1.
4. If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271, inclusive.
5. If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only for the purpose of taking those advanced courses that are not offered at the public school he otherwise attends.
Sec. 30. 1. Except as otherwise provided in this subsection, before a pupil may enroll full time or part time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.
2. If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:
(a) Contain a statement prepared by the board of trustees of the school district in which the pupil resides indicating that the board of trustees understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the school district pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;
(b) If the pupil plans to enroll part time in the program of distance education, contain a statement prepared by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;
(c) Be signed by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education; and
(d) Include any other information required by the state board by regulation.
3. On or before September 1 of each year, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled full time or part time in a program of distance education provided by a school district other than the school district in which the pupil resides. On or before September 1 of each year, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a public school of the school district and who is enrolled part time in a program of distance education provided by a charter school. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by this section, the superintendent of public instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.
Sec. 31. 1. If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education.
2. Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.
3. If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:
(a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;
(b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;
(c) Be signed by the governing body of the charter in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and
(d) Include any other information required by the state board by regulation.
4. On or before September 1 of each year, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled in a charter school and who is enrolled part time in a program of distance education provided by a school district or another charter school. If an agreement is not filed for such a pupil, the superintendent of public instruction shall not apportion money for that pupil to the governing body of the charter school in which the pupil is enrolled, or the board of trustees or governing body that provides the program of distance education.
Sec. 32. 1. If a pupil is enrolled full time in a program of distance education provided by the board of trustees of a school district, the board of trustees of the school district that provides the program shall declare for each such pupil the public school within that school district to which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:
(a) Graduation requirements;
(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;
(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
(d) Discipline of pupils.
2. A pupil who is enrolled full time in a program of distance education provided by a charter school shall be deemed enrolled in the charter school. All the applicable requirements, including, without limitation, statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation:
(a) Graduation requirements;
(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;
(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
(d) Discipline of pupils.
3. If a pupil is enrolled part time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the pupil is otherwise enrolled apply to such a pupil, including, without limitation:
(a) Graduation requirements;
(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;
(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
(d) Discipline of pupils.
Sec. 33. 1. The state board shall adopt regulations that prescribe:
(a) The process for submission of an application by the board of trustees of a school district or the governing body of a charter school to provide a program of distance education and the contents of the application;
(b) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with section 29 of this act;
(c) A method for reporting to the department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils;
(d) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and
(e) A written description of the process pursuant to which the department may revoke its approval for the operation of a program of distance education.
2. The state board may adopt regulations as it determines are necessary to carry out the provisions of sections 25 to 33, inclusive, of this act.
Sec. 34. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise permitted pursuant to this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.
2. The superintendent of public instruction may, upon application by a board of trustees, authorize a reduction of not more than 15 school days in a particular district to establish or maintain a 12-month school program or a program involving alternative scheduling, if the board of trustees demonstrates that the proposed schedule for the program provides for a greater number of minutes of instruction than would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the superintendent of public instruction must find that the proposed schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding, or to establish and maintain a program of alternative schooling[.] , including, without limitation, a program of distance education provided by the board of trustees pursuant to sections 25 to 33, inclusive, of this act.
3. The superintendent of public instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.
4. Each school district shall schedule at least 3 contingent days of school in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.
5. If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.
6. The state board [of education] shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.
Sec. 35. NRS 388.537 is hereby amended to read as follows:
388.537 1. The board of trustees of a school district may, subject to the approval of the state board, operate an alternative program for the education of pupils at risk of dropping out of high school, including pupils who:
(a) Because of extenuating circumstances, such as their being pregnant, parents, chronically ill or self-supporting, are not able to attend the classes of instruction regularly provided in high school;
(b) Are deficient in the amount of academic credit necessary to graduate with pupils their same age;
(c) Are chronically absent from high school; or
(d) Require instruction on a more personal basis than that regularly provided in high school.
2. An alternative program may include:
(a) A shorter school day, and an opportunity for pupils to attend a longer school day, than that regularly provided in high school.
(b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.
(c) A comprehensive curriculum that includes elective classes of instruction and occupational education.
(d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.
(e) An opportunity for pupils to satisfy either:
(1) The requirements for a regular high school diploma; or
(2) The requirements for a high school diploma for adults.
(f) The provision of child care for the children of pupils.
(g) The transportation of pupils to and from classes of instruction.
(h) The temporary placement of pupils for independent study, if there are extenuating circumstances which prevent those pupils from attending the alternative program on a daily basis.
3. The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to sections 25 to 33, inclusive, of this act.
Sec. 36. NRS 388.700 is hereby amended to read as follows:
388.700 1. Except as otherwise provided in subsections 2, 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.
2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.
3. The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
4. The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:
(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.
5. The department shall, on or before November 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:
(a) The number of teachers employed;
(b) The number of teachers employed in order to attain the ratio required by subsection 1;
(c) The number of pupils enrolled; and
(d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,
during the current school year in kindergarten and grades 1, 2 and 3 for each school district.
6. The provisions of this section do not apply to a charter school[.] or to a program of distance education provided pursuant to sections 25 to 33, inclusive, of this act.
Sec. 37. NRS 389.017 is hereby amended to read as follows:
389.017 1. The state board shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
2. The results of examinations must be reported for each school, including, without limitation, each charter school, school district and this state , as follows:
(a) The average score, as defined by the department, of pupils who took the examinations under regular testing conditions; and
(b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.
3. The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school[;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 25 to 33, inclusive, of this act; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
The scores reported pursuant to this subsection must not be included in the average scores reported pursuant to subsection 2.
4. Not later than 10 days after the department receives the results of the achievement and proficiency examinations, the department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.
6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
7. In addition to the information required by subsection 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.
Sec. 38. NRS 389.560 is hereby amended to read as follows:
389.560 1. The state board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the superintendent of public instruction, the department and the council, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to NRS 389.550. The state board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.
2. The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:
(a) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations under regular testing conditions; and
(b) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.
3. The department shall adopt regulations prescribing the requirements for reporting the results of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school[;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 25 to 33, inclusive, of this act; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
The results reported pursuant to this subsection must not be included in the percentage of pupils reported pursuant to subsection 2.
4. Not later than 10 days after the department receives the results of the examinations, the department shall transmit a copy of the results to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.
6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
7. In addition to the information required by subsection 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.
Sec. 39. NRS 391.170 is hereby amended to read as follows:
391.170 1. Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:
(a) He is legally employed by the board of trustees of the school district or the governing body of the charter school in which he is teaching or performing other educational functions.
(b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.
2. The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school for a whom a license is not required pursuant to the provisions of NRS 386.590 . [and 386.595.]
Sec. 40. NRS 391.31965 is hereby amended to read as follows:
391.31965 Any postprobationary employee of a school district of Nevada who is employed by another school district or charter school must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.3197.
Sec. 41. NRS 392.010 is hereby amended to read as follows:
392.010 Except as to the attendance of a pupil pursuant to NRS 392.015 or sections 25 to 33, inclusive, of this act, or a pupil who is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS 392.264 and 392.268:
1. The board of trustees of any school district may, with the approval of the superintendent of public instruction:
(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or
(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.
2. With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:
(a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and
(b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.
3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec. 42. NRS 392.035 is hereby amended to read as follows:
392.035 1. In determining the mobility of pupils in a school, for any purpose, the department shall divide the sum of the following numbers by the cumulative enrollment in the school:
(a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;
(b) The number of pupils reentering the school after having withdrawn from the same school; and
(c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.
2. To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.
3. The department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.
Sec. 43. NRS 392.070 is hereby amended to read as follows:
392.070 1. Attendance required by the provisions of NRS 392.040 must be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the state board.
2. The board of trustees of each school district shall provide programs of special education and related services for children who are exempt from compulsory attendance pursuant to subsection 1 and receive instruction at home. The programs of special education and related services required by this section must be made available:
(a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive;
(b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and
(c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.
3. Except as otherwise provided in subsection 2 for programs of special education and related services[,] and this subsection for programs of distance education, upon the request of a parent or legal guardian of a child who is enrolled in a private school or who receives instruction at home, the board of trustees of the school district in which the child resides shall authorize the child to participate in a class that is not available to the child at the private school or home school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:
(a) Space for the child in the class or extracurricular activity is available; and
(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity.
If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. The board of trustees of a school district shall not authorize such a child to participate in a class or activity through a program of distance education provided by the school district pursuant to sections 25 to 33, inclusive, of this act.
4. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.
5. The programs of special education and related services required by subsection 2 may be offered at a public school or another location that is appropriate.
6. The department may adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 2.
7. As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401(22).
Sec. 44. NRS 288.060 is hereby amended to read as follows:
288.060 “Local government employer” means any political subdivision of this state or any public or quasi-public corporation organized under the laws of this state and includes, without limitation, counties, cities, unincorporated towns, charter schools, school districts, hospital districts, irrigation districts and other special districts.
Sec. 45. Section 60 of chapter 606, Statutes of Nevada 1999, at page 3324, is hereby amended to read as follows:
Sec. 60. 1. This section and sections 56 and 57 of this act become effective upon passage and approval.
2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.
3. Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on July 1, 1999.
4. Section 12.5 of this act becomes effective on July 1, [2001.
5. Section 55 of this act becomes effective on July 1,] 2003.
Sec. 46. If the membership of the governing body of a charter school that is in operation before July 1, 2001, does not comply with the amendatory provisions of section 12 of this act, the charter school shall make appropriate changes to the membership of the governing body and otherwise take appropriate action to ensure that the governing body of the charter school complies with the amendatory provisions of section 12 of this act on or before September 1, 2001.
Sec. 47. The amendatory provisions of section 17 of this act do not affect any right to representation that an employee of a charter school acquired before July 1, 2001, by virtue of his membership in an employee organization.
Sec. 48. On or before April 1, 2002, the state board of education shall adopt regulations required by section 33 of this act.
Sec. 49. The department of education shall accept applications to provide programs of distance education in accordance with section 28 of this act for programs that will commence operation with the 2002-2003 school year or any school year thereafter. If any deadlines contained within the regulations adopted by the state board of education pursuant to section 33 of this act preclude a school district or charter school from submitting an application for the 2002-2003 school year, the department of education shall grant a shorter period for the board of trustees or governing body to submit an application for the 2002-2003 school year notwithstanding the provisions of those regulations.
Sec. 50. If a school district or charter school provides, before July 1, 2001, a program that includes distance education in accordance with all applicable statutes and regulations, the school district or charter school may continue to offer that program for the 2001-2002 school year if the school district or charter school provides written notice to the state board of education on or before July 1, 2001. After the 2001-2002 school year, the school district or charter school must comply with sections 25 to 33, inclusive, of this act, if it desires to continue the program. The provisions of this section apply to a charter school regardless of the terms of the written charter of the charter school that authorize the charter school to provide a program that includes distance education.
Sec. 51. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.
Sec. 52. Section 55 of chapter 606, Statutes of Nevada 1999, at page 3322, is hereby repealed.
Sec. 53. 1. This section and sections 1 to 12, inclusive, 15 to 18, inclusive, 33, 39, 40 and 44 to 52, inclusive, of this act become effective on July 1, 2001.
2. Sections 13, 14, 19 to 32, inclusive, 34 to 38, inclusive, 41, 42 and 43 of this act become effective on July 1, 2002.”.
Amend the bill as a whole by adding the text of the repealed section, following sec. 42, to read as follows:
TEXT OF REPEALED SECTION
Section 55 of chapter 606, Statutes of Nevada 1999:
Sec. 55. NRS 386.510 is hereby repealed.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; prohibiting an existing public school, private school or home school from converting to a charter school; prohibiting a charter school from contracting with or being supported by a private corporation or other entity that operates for profit; revising provisions governing the formation, operation and personnel of charter schools; making certain provisions related to collective bargaining applicable to charter schools; authorizing boards of trustees of school districts and governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board of education to adopt regulations prescribing the requirements for programs of distance education; revising provisions governing the apportionments of money from the state distributive school account to provide for the payment of money for pupils who are enrolled in programs of distance education; repealing the prospective removal of the limit on the number of charter schools that may be formed; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing charter schools and authorizes programs of distance education. (BDR 34‑859)”.
Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 399.
Remarks by Senator Rawson.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 551.
The following Assembly amendment was read:
Amendment No. 897.
Amend section 1, pages 1 and 2, by deleting lines 3 through 12 on page 1 and lines 1 through 3 on page 2.
Amend section 1, page 2, line 4, by deleting “2.” and inserting “1.”.
Amend section 1, page 2, line 5, by deleting “subsection 1” and inserting: “18 U.S.C. § 2703, as that section existed on the effective date of this act,”.
Amend section 1, page 2, line 7, by deleting “3.” and inserting “2.”.
Amend section 1, page 2, by deleting lines 13 through 21 and inserting: “cause to believe that an individual subscriber or customer of a provider of Internet service has committed an offense through the use of the services of the provider of Internet service that is punishable as a felony, issue a subpoena to carry out the procedure set forth in 18 U.S.C. § 2703, as that section existed on the effective date of this act, to compel the provider of Internet service to provide information concerning the individual subscriber or customer that the provider of Internet service is required to disclose pursuant to 18 U.S.C. § 2703, as that section existed on the effective date of this act.
3. If a person who has been issued a subpoena pursuant to subsection 2 refuses to produce any information that the subpoena requires, the person who issued the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.
4. As used in this section, “provider of Internet service” has the meaning ascribed to it in NRS 205.4758, but does not include a public library when it is engaged in providing access to the Internet.”.
Amend sec. 4, page 4, by deleting lines 27 and 28 and inserting: “with or attempt to contact or communicate with a child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from”.
Amend sec. 5, page 5, line 30, by deleting “21” and inserting “18”.
Amend the bill as a whole by renumbering sections 28 and 29 as sections 29 and 30 and adding a new section designated sec. 28, following sec. 27, to read as follows:
“Sec. 28. Section 2 of Assembly Bill No. 400 of this session is hereby amended to read as follows:
Sec. 2. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who[:
(a) Commits] commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm[;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,] commits the crime of aggravated stalking.
[3. A person who commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.
4.] A person who commits the crime of aggravated stalking shall be punished[:
(a) If he commits the crime set forth in paragraph (a) of subsection 2,] for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
[(b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
5.] 3. A person who commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.
4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
[6.] 5. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
[7.] 6. As used in this section:
(a) “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) “Internet or network site” means any identifiable site on the Internet or on a network. The term includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource Location;
(3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service;
(4) An electronic bulletin board;
(5) A list server;
(6) A newsgroup; or
(7) A chat room.
(c) “Network” has the meaning ascribed to it in NRS 205.4745.
(d) “Provider of Internet service” has the meaning ascribed to it in NRS 205.4748.
(e) “Without lawful authority” includes acts which are initiated or continued without the victim’s consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.”.
Amend the title of the bill by deleting the first through fifth lines and inserting:
“AN ACT relating to crimes; requiring a provider of Internet service to provide access to certain information; authorizing certain persons to issue subpoenas to obtain such information; establishing a penalty for committing the crime of stalking with the use of the Internet or electronic mail; prohibiting the use or attempted use of a computer, network or system to lure children under certain circumstances and providing”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 551.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 162, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators McGinness, Washington and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 162.
Recede From Senate Amendments
Senator Raggio moved that the Senate do not recede from its action on Assembly Bill No. 555, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Raggio.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Rawson, O'Donnell and Mathews as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 555.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 6, 54, 165, 196, 201, 243, 257, 260, 352, 396, 535; Assembly Bills Nos. 15, 125, 177, 197, 202, 227, 259, 278, 282, 295, 386, 414, 465, 553, 557, 558, 569, 605, 607, 634.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Bordewich Bray Elementary School: Moises Alvarez, Emerald Apley, John Aragon, Steven Atwell, Karly Chelius, Augustas Clayton, Jared Clemmensen, Dylan Martin, Cody Metcalf, Sarah Maier, Shirley Sanchez, Alyssa Sharp, Tyler Short, Sarah Pier; chaperones: Oddetta Coughlin, Aragon Dawn and teacher: Carrie Butler.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Whittell High School: Kyle O’Malley, Lindsay Sharp, Abby Lane, Nicole Jurzenski, Ben Johnson, Max Glasson, Stephanie Evans, Matt Johnson, Ashley Wines, Alicia Thorne, Kim McGlothlin, Hayley Shaw, Janette Bak, Eimile Kersten-Wines, Katlin Willens, Jenna Hayes, Krystie Macdonald, Nick Summers, Jay Tuttle, Devin Farnsworth, Courtney Greenwood and Kyle Olsen; and students from the Pinon Hills Elementary School: Jeff Allen, Leila Aman, Michael Barnes, Morgan Barone, Jessica Berry, Jessica Boles, Matt Buccumbuso, Jessi Chitwood, Brian Clugage, Torrie Cornelius, Steven Dotts, Ricky Dudley, Robert Dykes, Conner Egan, Matt Golden, Trevor Jarland, Shauna Johnson, Kevin Kelley, Elliot Liebowitz, Philip Mannelly, Lindsey Larkin, Bonnie Matheson, Blake Maxwell, Matt McIver, Amanda McRae, Heather Morales, Shawnee Mullins, Samantha Nyblomm, Sarah Riley, Blake Smith, Andrew Stephenson, Alicia Sturgess, Kattie Waggoner, Connor Witt, Skylar Young, Faith Kennard, Deon Brown, Jesee Moniz, L. J. Willette, Teddi Griffin, Brooke Allred, Allison Andraski, Brittany Baird, Tiffany Burens, Genine Crim, Meghan Emerson, Steven Forster, Leo Frediani, Molly Golden, Tim Gunsten, Kristen Haltom, Alex Hulsey, Cody Katsaris, Matt Koerner, Erik Phillips, Kelly Sullivan, Paul Tolman, Monica Underwood, Natalie Walker, Jennifer Ramirez, Jessica Harmon, Tony Maresca; chaperones: Karen Tuggle, Linda Holmsted, Mary Ann Matheson, Sheryl Belshaw and teacher: Jason Carter.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Clive Brewster.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Donald L. Bailey, Sr. and Rod Corbit.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Susan Silverton and Dr. E. Steven Smith.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Alexis Werbeckes and Zach Werbeckes.
Senator Raggio moved that the Senate adjourn until Wednesday, May 30, 2001 at 11 a.m., and that it do so in memory of Massachusetts Representative Joseph Moakely as requested by Senator Titus.
Motion carried.
Senate adjourned at 3:15 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate