THE ONE HUNDRED AND NINETEENTH DAY

THE ONE HUNDRED AND NINETEENTH DAY

Carson City(Sunday), June 3, 2001

Senate called to order at 11:02 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Albert Tilstra.

O God, as a battery is recharged without sound or motion, so will You, in this quiet moment, send Your Spirit into the hearts and minds of Your servants, the Senators of this State.

With newness of life, with spiritual power, vision and lively faith, enable them to meet all the demands of this day with glad anticipation, and give them peace through Jesus Christ our Lord.

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.

Special Orders of the Day

Veto Messages of the Governor

The hour of 11:00 a.m. having arrived, vetoed Senate Bill No. 415 of the 71st Session was considered.

Bill read.

Governor’s message stating his objections read.

Messages From The Governor

State of Nevada

Executive Chamber

Carson City, Nevada

June 2, 2001

The Honorable William Raggio,Majority Leader, Nevada State Senate,

Legislative Building, 401 S. Carson Street, Carson City, NV 89701-4747

Dear Majority Leader Raggio:

I am herewith forwarding to you, for filing within the constitutional time limit and without my approval, Senate Bill No. 415, which is entitled:

AN ACT relating to the Department of Transportation; requiring the Legislative Auditor to conduct an audit of the Department of Transportation and the Board of Directors of the Department; and providing other matters properly relating thereto.

Senate Bill No. 415 requires the Legislative Auditor to conduct an audit of the Department of Transportation (NDOT) and the Board of Directors of the Department (Board). The audit must include an assessment of the procedures used to develop and adopt short-term and long-term plans for projects, including an evaluation of the criteria used to select projects and determine their appropriate financing, and an assessment of the management of the real property of NDOT. Further Senate Bill No. 415 requires NDOT to transfer $10,000 from its State Highway Fund Budget to the Audit Division of the Legislative Counsel Bureau (LCB) to carry out the audit. For the reasons set forth below, I must veto Senate Bill No. 415.

I support financial and program audits of all state agencies. NDOT is especially amenable to audits as shown by its continued assistance to the local staff of the Federal Highway Administration in their participation and review of the ongoing internal program and financial audits performed by NDOT staff. Additionally, NDOT is currently assisting with an audit being performed by the State Department Administration.

There already exists an established process for the audit called for in Senate Bill No. 415, and the Legislative Auditor can audit NDOT and its Board at any time. The Legislative Commission can direct the LCB Audit Division, as part of its annual plan, to develop an audit schedule for any audit of any agency it deems necessary. If requested by a Legislator, or for any other reason, an NDOT audit can be included in the Audit Division’s annual plan. Consistent with this process, the Legislative Auditor last audited NDOT in 1996. I believe another audit is prudent, and perhaps should have been ordered sooner than 2001. NDOT has been directed to cooperate fully with any audit called for by the LCB Audit Division. The cost for the support of the LCB Audit Division for NDOT is already provided for in the Statewide Cost Allocation Plan, which allocates $25,280 for each of the next two years to the LCB Audit Division for NDOT audits.

Senate Bill No. 415 is an unnecessary duplication of an existing system which sets forth a procedure for identifying annual audits and which provides funding for such audits. I am unaware of any instance where the LCB Audit Division has deviated from the normal audit process under these circumstances. Given these facts, I cannot support a bill that takes $10,000 of highway funds designed to increase the safety of our citizens through improvements to our state highways when we already have a system and the funds in place to perform such an audit.

Finally, the Board annually approves a report entitled Transportation System Projects, which covers a ten-year period. Included in the report are the Statewide Transportation Improvement Program (STIP), and the Annual Work Program. A copy of the report can be obtained by calling NDOT, and the STIP and the Annual Work Program are contained in the NDOT website at www.Nevadadot.com. As Chairman of the Board of NDOT, I invite the sponsors of this bill and citizens to attend the public meetings of the Board and provide input on the report and any other issue that may have prompted this legislation.

Sincerely,

Kenny C. Guinn

Governor

The question was put: “Shall the bill pass, notwithstanding the objections of the Governor?”

Remarks by Senators Titus, Neal, O'Donnell and Amodei.

Senator Titus requested that the following remarks be entered in the Journal.

Senator Titus:

With all due respect to the Governor, I must speak in favor of overriding his veto of Senate Bill No. 415, which would provide for a limited audit of the Nevada Department of Transportation (NDOT), focusing specifically on the planning and selection process for projects.

Let me first address the Governor’s specific objections to this bill:

The Governor argues that Senate Bill No. 415 is not necessary because NDOT is already involved in an internal review program and financial audit performed by its own staff. Letting NDOT audit itself is, in my opinion, like letting the fox guard the chicken house.

Second, the Governor objects to taking $10,000 from NDOT to help pay for the audit. I argue that $10,000 from a three-quarter billion budget will be a small price to pay to look into this issue. It will make no difference in the state of highways in Nevada; it is a drop in the bucket.

Third, the Governor states that Senate Bill No. 415 is an unnecessary duplication of the Legislative Counsel Bureau (LCB) audit process, and he is “unaware of any instance where the LCB Audit Division has deviated from the normal audit process.” Well, let me point out to him and remind you all of a number of bills passed in previous sessions which authorized an audit outside “the normal audit process.”

A.B. 715 of the 1989 Session took $125,000 from the Department of Industrial Relations to audit the workers’ compensation program; A.B. 79 from the 1995 Session took $70,000 from UCCSN to audit the University of Community College system, and A.B. 506 from the 1997 Session took $120,000 from the Southern Nevada Water Authority for an audit, to mention a few. Perhaps, the Governor overlooked those when he was preparing his veto.

Let me conclude by restating the reasons why we need to conduct this audit, reasons which were compelling enough to convince 62 legislators, including all 21 Senators, to vote for the bill when originally considered.

NDOT, as you well know, is an agency with tremendous resources and corresponding power. Decisions made by NDOT greatly affect the economy and quality of life throughout our entire State. Their decisions impact commuters in the south, farm to market access in rural Nevada and tourism here in Carson City. The agency controls hundreds of millions of dollars, in bonds, in federal funds and in Nevada gasoline taxes, among others.

Yet, the agency is largely inaccessible and unaccountable to both the public and the Legislature. We have very little oversight of the agency’s decisions, their expenditures and the projects they fund.

Highways are the arteries and veins of this State, carrying the lifeblood of our economy, connecting our communities and providing citizens with access to work, to school and to recreation.

Let us be sure that our decisions concerning when, where and how our roads and highways are maintained are based on good planning, reliable information and comprehensive analysis, not on politics.

Senator Neal:

Madam President, and members of the Senate, I had not planned to say anything about this bill until I had an opportunity to listen to the Governor’s veto. I reread the bill, and the bill is only asking that an audit be done on these highway projects. As I see it, the information that is being requested here is information the Legislature should have in order to make proper decisions. The bill requires the Legislative Audit Division to audit these projects and report back to the standing committees on Transportation in both the Assembly and the Senate in the year 2003, when we are again back in session. I do not understand what the fear is of having an agency or office of the Legislature audit a program or a state agency and bring back information to the Legislature for us to make decisions relative to the information. According to the Governor’s statement in vetoing this bill, he seems to want us, as legislators, to operate in the dark in terms of making decisions about this agency. I will submit to you, Madam President, this is the wrong public policy, and something is much more awry here. Even the veto suggests there is a need for an audit of this agency because if we are going to make decisions on highway projects, roads and how that department is going to operate, we need information.

We are a citizen legislature, and we are not here every day of the year. Only in session every 18 months, and as such, we do not come with a lot of information to make decisions. We have to depend upon those organizations within our control, such as the Audit Division, to look at these agencies to see if they are functioning according to law.

This is what this bill is requesting. I would like to see what this audit would turn up. I have some opinions of my own, and those of you who live in southern Nevada have seen certain projects on I-15 being worked on for nine and ten years. It seems that the highway department cannot get any further than those arteries that leave the Strip. I need to know whether or not there is some influence that prevents them from spending money in other areas of this State or doing other projects in which the public is much more involved rather than special interests.

The only way we are going to find that out is to have the audit of the program. The Governor says that he sits on the Highway Board. Maybe that is another reason we should have an audit because he helps make those decisions and Legislature does not. The Legislature should be able to have information if we are going to be passing bills within this particular body. We have seen many highway bills come through here. Our Chairman presents us with a lot of highway bills that deal with the highway fund, and we depend upon that committee to give us that information. Beyond that, we also need our people who are here, day in and day out, who function as an audit group, to do a detailed study of this agency according to the mandates outlined in Senate Bill No. 415. I do not understand what the Governor’s fear is about this bill. The only way we can find out is to override this veto and allow the audit people to go to the highway department and take a look at it. I would vote to override the Governor’s veto.

Senator O'Donnell:

Thank you, Madam President. This bill came through Senate Transportation which I chair. The people have a right to know where their tax dollars are being spent. This is not an indictment against any governor, nor is it an indictment against any director. This is merely an informational document that we are looking for in order to provide the Legislature with information. We can look at whether or not we need a gas tax or no gas tax, funding here or funding there, or whatever we need to do to make the Department of Transportation more efficient.

In the southern Nevada area, we have had, time after time, promises made for our constituents regarding sound walls to protect those individuals who live in a growing community. We add lanes on a freeway on a monthly basis. We take more and more of these people’s back yards and push their fences. Then we promise them sound walls, and they do not get them. I do not know why they do not get them. Maybe there is a valid reason why they do not get them, but I do not know what it is, and I cannot find out what it is.

In 1987, there were two bills that went through this House. I sat on the Transportation Committee when these two bills were processed. One bill was for a gas tax, because we needed money for roads. The other bill was a change in the make-up of the Board of Transportation, to put some people in the State with expertise in the building of roads on the Board, to have something in terms of a qualified judgment. Right now, the Board is made up of three politicians. We desired to change that. Late in the hour of the last day of the 1987 Session, Governor Bryan called Len Nevin, who was the Assembly Chairman of Transportation, and said “Okay, I will sign the gas tax bill, and I’ll sign the changing of the Board.” At about 3:00 a.m. those two bills went to the Governor. The Governor signed the gas tax bill, and he vetoed the change in the make-up of the Board. Why? We will never know. We have been precluded from getting any information from the Department of Transportation. This is information we would like to know. We have consistently been stonewalled, and we have been vetoed. That didn’t happen during this present Governor’s watch. It happened a long time ago, I just happened to be here.

This veto is the light switch that is going to turn the light on brighter and brighter on the Department of Transportation. There was a companion bill that came through this Legislative Session, Senate Bill No. 56. It was for an oversight board, made up of legislators, which could call into question some of the decisions that were made by the Board. According to separation of State, we cannot determine what those decisions should be. That is not our purview. We are merely a body to raise funds, to expend funds, but we certainly have the ability to look at each and every one of these decisions and ask the questions. Why did you spend money here? Why did you spend money there? Why isn’t there a sound wall? I assume that Senate Bill No. 56, since it uses highway funds, will probably receive the same consideration that this bill has. The Governor has never talked to me about this particular measure. I had no idea there was a problem with it until I heard about the letter.

I will be voting to override this veto, not because it is a present governor and not because of the way things have happened in the present day, but because this has stemmed a burning issue in my heart, since 1987, when we were turned around by the people who sit as governing Board members of the Board of Transportation.

Senator Amodei:

Thank you, Madam President. As you will see from Senate Bill No. 415, mine is the second name on the list. I guess, I should start out with, “I am sorry.” The issues, that some of you from southern Nevada have spoken so eloquently about, are issues that are legitimate issues statewide. It is no secret I have worked with Senator Titus on this measure, and part of my desire for wanting to do so is that I thought it was important that this issue not be perceived as a regional one or a partisan one. I must tell you, the language in Senate Bill No. 415, the issues that are brought up for consideration in there, are legitimate issues. The mechanism that was used to bring the issues forward and try to explore, is a valid mechanism. Just so we understand, and why I started out with the “I am sorry” thing, I want to give you some bill numbers to let you know the mechanism was a legitimate one. The bills are A.B. 241 from the 1999 Session, A.B. 291 from the 1997 Session, A.B. 79 from the 1995 Session, A.B. 1 from the 1989 Session and finally A.B. 715 from the 1985 Session, which appropriated $100,000 from the highway fund for an operational audit of the Department of Transportation.

I am not going to vote to override this veto. I am going to do that for two reasons: one, the Governor is right. We can still do it under other methods available to us. However, I am proud of this body for processing this in this manner with the maximum amount of public input and providing an opportunity for anyone with a concern to come before hearings in both Houses and express their feelings on this issue. Given the choice, I much prefer the public hearing and the open, deliberative process that this branch brings to bear. Thank you for allowing us to process this that way. I think that will validate the issue even more when it comes before the Legislative Commission.

The second reason that I am going to vote to sustain the veto is out of loyalty to Kenny Guinn because I need to work with him on other things. I hope that the message that we can both take away from this is there are legitimate issues in this area, which are the subject of legitimate inquiry by this branch. Oversight is a healthy thing. Oversight is something that is expected of this branch, and I hope that we continue to pursue that in a responsible manner. Thank you.

Senator Neal:

Madam President. Without information we cannot do anything in terms of oversight. If you are going to have oversight, you have to have some means by which you can ask the proper questions. Not knowing what is happening, you cannot ask the proper question. That is why we have people who investigate issues and bring back information so we can ask the proper questions. Why we depend upon our legal people to do our research, to look at issues so we can ask the proper questions. If you do not know what questions to ask and the person who is sitting before you knows all of the answers, that person can readily perceive where you are going, can avoid those questions you ask or think you might want to ask.

It is important for this particular process to have the means to get information in order to take care of the people’s business. No particular agency that operates in this government is supposed to operate in a vacuum. They are supposed to have the oversight and accountability to the people of this State through this body as representatives. That is why we are here. If we cannot get the information, we cannot ask the proper questions to take care of the people’s business, and engage in the oversight that some have spoken about here today. I think an audit is needed. I think the Governor is a great guy, but I have a responsibility to the people of the State of Nevada and the district that I represent to see that the duty I perform here is in their best interest, and also, that I take care of that interest. That is what we need to do. We have to be able to do this as a legislative body in terms of being able to function and to carry out the people’s business.

The roll was called, and the Senate sustained the veto of the Governor by the following vote:

Roll call on Senate Bill No. 415 of the 71st Session:

Yeas—10.

Nays—Amodei, Jacobsen, James, McGinness, O'Connell, Porter, Raggio, Rawson, Rhoads, Townsend, Washington—11.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Government Affairs, to which was referred Assembly Bill No. 664, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 2, 2001

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 307.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 175, 513, 668; Assembly Joint Resolution No. 8.

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. 694 to Assembly Bill No. 271.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Manendo, Nolan and McClain as a first Conference Committee concerning Assembly Bill No. 305.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Buckley, Gustavson and Oceguera as a first Conference Committee concerning Assembly Bill No. 394.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Ohrenschall, Gustavson and Claborn as a first Conference Committee concerning Assembly Bill No. 399.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Joint Resolution No. 8.

Senator Rawson moved that the resolution be referred to the Committee on Taxation.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Finance:

Senate Bill No. 584—AN ACT relating to projects of capital improvement; increasing the total amount of money that may be committed beyond the biennium for all contracts for retrofitting state buildings for energy efficiency; providing for the issuance of general obligation bonds of the state; requiring the repayment for certain projects by certain state agencies; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the consolidated bond interest and redemption fund; exempting certain projects of the Legislative Counsel Bureau from the provisions of chapter 338 of NRS; authorizing the issuance of additional revenue bonds by the Board of Regents of the University of Nevada; making appropriations; and providing other matters properly relating thereto.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

By the Committee on Finance:

Senate Bill No. 585—AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the 2001-2003 biennium; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of money for public schools; making an appropriation; and providing other matters properly relating thereto.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

By the Committee on Finance:

Senate Bill No. 586—AN ACT relating to state financial administration; authorizing expenditures by various officers departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 2001, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2003; authorizing the collection of certain amounts from the counties for the use of the services of the Public Defender; and providing other matters properly relating thereto.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 175.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

Assembly Bill No. 513.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 668.

Senator Rawson moved that the bill be referred to the Committee on Taxation.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 664.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 1221.

Amend the bill as a whole by adding new sections designated sections 14.3 through 14.7, following sec. 14, to read as follows:

“Sec. 14.3. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 14.5 and 14.7 of this act.

Sec. 14.5. District 11 consists of, in Washoe County:

1. Census tracts 001400, 001901, 001902, 002603, 002604, 002605, 002606, 002607, 002701, 002702, 002801, 002802, 002901, 002902, 003000, 003101, 003105, 003106, 003107, 003108, 003501, 003502, 003503, 003504, 003505, 003506, 003507 and 940100.

2. Census voting districts 401, 404, 419, 423, 432, 433, 443, 450, 528, 530, 540, 623, 747, 748, 751, 752, 848, 913, 914, 916 and 934.

3. In census tract 000100, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 5000, 5001, 5006, 5007, 5008, 5009, 5053 and 5054.

4. In census tract 001006, blocks 2111, 2118, 2119, 2120 and 2999.

5. In census tract 001500, blocks 1000, 1001, 2002, 3012 and 3017.

6. In census tract 001700, blocks 1000, 1001, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 2000, 2001, 2002, 2005, 5000, 5001, 5002, 5003, 5012, 5013 and 5014.

7. In census tract 001800, blocks 4014, 4015, 4016, 5000, 5006, 5007 and 5008.

8. In census tract 002103, blocks 2000 and 2999.

9. In census tract 002300, blocks 1002, 1003, 1004, 1016, 1017, 1018, 2000, 2001, 2003, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2092, 2143, 2144 and 2994.

10. In census tract 002401, block 2021.

11. In census tract 002402, blocks 1006, 1007, 1008, 1009, 1024, 2066, 2081, 2082 and 2083.

12. In census tract 002500, blocks 1009, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2015, 2016, 2017, 2018, 2019, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023 and 3024.

13. In census tract 002609, blocks 1000, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1032, 1033, 1034, 1036, 1037, 1038, 1039, 1041, 1044, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2037, 2038 and 2039.

Sec. 14.7. District 12 consists of, in Clark County:

1. Census tracts 003203, 003204, 003205, 003206, 003207, 003208, 003209, 003301, 003302, 003303, 003304, 003305, 003306, 003408, 003409, 003410, 003411, 003606, 003608, 005431, 005432, 005433, 005501, 005503, 005504, 005606, 005607, 005608, 005609, 005611, 005612, 005613 and 005901.

2. Census voting districts 1007, 2046, 2047, 2048, 2106, 2140, 3131 and 3136.

3. In census tract 003413, blocks 2000, 2001, 2002, 2003, 2011, 2019, 2020, 2021, 2022, 2024 and 2025.

4. In census tract 003414, block 1021.

5. In census tract 003603, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1025, 1026, 1027, 1028, 1029, 1052, 1057, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1073 and 1074.

6. In census tract 003604, blocks 1000, 1008, 1009, 1010, 1011 and 1012.

7. In census tract 003605, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 2000, 2001, 2009, 2010, 2011, 2012, 2013, 2014, 2032, 2033, 2034 and 2035.

8. In census tract 003607, blocks 1000, 1004, 1005 and 1006.

9. In census tract 005502, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.

10. In census tract 005710, blocks 1000, 1009, 1010, 1011, 1012 and 1013.

11. In census tract 005817, blocks 1000 and 1163.

12. In census tract 005902, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1118, 1121, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1259, 1260, 1261, 1262, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041 and 9019.

13. In census tract 006000, blocks 9000, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9048, 9049 and 9055.

14. In census tract 006101, blocks 2001 and 2016.

15. In census tract 006102, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029 and 3030.”.

Amend sec. 17, page 20, line 14, by deleting “11” and inserting “13”.

Amend sec. 17, page 20, by deleting line 29 and inserting: “described in NRS 396.0415 to 396.046, inclusive, and sections 14.5 and 14.7 of this act.”.

Amend sec. 17, page 20, line 38, by deleting “4, 6” and inserting: “2, 3, 5”.

Amend sec. 17, page 20, line 44, by deleting: “2, 5, 7, 8 and 11.” and inserting: “6, 7, 8, 11 and 13.”.

Amend sec. 17, page 21, line 2, by deleting: “3 and 9.” and inserting: “4, 9 and 12.”.

Amend sec. 18, page 21, line 9, by deleting “inclusive.” and inserting: “inclusive [.] , and sections 14.5 and 14.7 of this act.”.

Amend the bill as a whole by deleting sections 19 through 28 and adding new sections designated sections 19 through 28, following sec. 18, to read as follows:

“Sec. 19. NRS 396.0415 is hereby amended to read as follows:

396.0415 [Subdistrict A of district 1 consists of, in Washoe County:

1. Census voting districts 0103, 0105, 0106, 0109, 0111, 0112, 0116, 0118, 0121, 0122, 0123, 0124, 0125, 0127, 0131, 0132, 0133, 0135, 0136, 0200, 0203, 0206, 0208, 0212, 0215, 0223, 0231, 0232, 0235, 0240, 0242, 0243, 0244, 0245, 0251, 0252, 0253, 0305, 0306, 0310, 0312, 0317, 0323, 0335, 0336, 0337, 0338, 0339, 0346, 0347, 0348, 0350, 0351, 0402, 0403, 0410, 0420 and 0425, that portion of census voting district 0500 located in the Reno-Sparks census county division, and census voting districts 0501, 0507, 0516, 0517, 0521, 0522, 0524, 0532, 0533, 0534, 0535, 0536, 0700, 0701, 0702, 0704, 0707, 0709, 0710, 0749, 0761, 0780, 0781, 0782, 0795, 0803, 0849 and 0901.

2. All of census voting district 0444 except blocks 301B and 302B.] District 1 consists of, in Clark County:

1. Census tracts 000201, 000203, 000301, 000302, 000600, 000800, 000900, 003425, 003500, 003602, 003609, 003610, 003611, 003612, 003613, 003614, 003615, 003700, 004703, 004711, 004712, 004714, 004715, 004716, 006203 and 006204.

2. Census voting districts 2004, 2021, 2044, 2056, 2083, 2112, 2117, 2129, 2142, 4021, 4022, 4033, 4060 and 4066.

3. In census tract 000101, blocks 2000, 2001, 2002, 2003, 2014 and 2015.

4. In census tract 000204, blocks 1000, 1003, 1007, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019 and 1020.

5. In census tract 000400, blocks 1001, 1002, 1003, 1004, 1007, 3004, 3005, 3006, 3007, 3008, 3012, 3013, 3014, 3015, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011 and 6012.

6. In census tract 000700, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016.

7. In census tract 001100, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.

8. In census tract 003603, blocks 1022, 1023, 1024, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1058, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.

9. In census tract 003604, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010 and 3011.

10. In census tract 003605, blocks 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030 and 2031.

11. In census tract 003607, blocks 1001, 1002, 1003, 1007, 1008, 1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007 and 3008.

12. In census tract 003800, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3006, 4001 and 4009.

13. In census tract 004400, block 2003.

14. In census tract 004500, block 1003.

15. In census tract 004600, blocks 1013, 1014, 1015, 1016, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018 and 3019.

16. In census tract 004713, blocks 1001, 1004, 1005, 1006, 1007, 1008 and 1009.

17. In census tract 004717, blocks 1000, 1001, 1002, 2003, 2008, 2009, 2010, 2011 and 2012.

18. In census tract 006000, blocks 9009, 9010, 9011, 9012, 9013, 9017, 9018, 9019, 9020, 9021, 9026, 9027, 9028, 9029, 9030, 9031, 9032, 9033, 9034, 9035, 9038, 9039, 9040, 9041, 9042, 9043, 9044, 9045, 9046, 9047, 9050, 9051, 9052, 9053 and 9054.

19. In census tract 006102, blocks 3031, 3032, 3033, 3034 and 3035.

20. In census tract 006201, blocks 1000, 1001, 1002, 1003, 1004, 1005 and 1006.

21. In census tract 006202, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.

Sec. 20. NRS 396.0425 is hereby amended to read as follows:

396.0425 [Subdistrict B of district 1 consists of, in Washoe County:

1. Census voting districts 0401, 0404, 0412, 0419, 0421, 0428, 0429, 0430, 0441, 0442, 0443, 0445, 0453, 0455, 0456, 0457 and 0458, that portion of census voting district 0500 located in the Verdi census county division, census voting districts 0505, 0508, 0610, 0611, 0613, 0614, 0615, 0616, 0617, 0619, 0620, 0621, 0624, 0625, 0626, 0627, 0630, 0631, 0632, 0633, 0634, 0635, 0638, 0639, 0640, 0641, 0642, 0643, 0648, 0649, 0650, 0651, 0652, 0654, 0655, 0658, 0659, 0708, 0713, 0714, 0719, 0725, 0726, 0728, 0734, 0735, 0741, 0747, 0748, 0750, 0752, 0753, 0755, 0760 and 0768, that portion of census voting district 0771 located in the Verdi census county division, census voting districts 0774, 0796, 0801, 0802, 0807, 0808, 0809, 0810, 0811, 0812 and 0813, that portion of census voting district 0815 located in the Reno-Sparks census county division, and census voting districts 0821, 0848, 0850, 0851, 0852, 0853, 0854, 0855, 0856, 0904, 0905 and 0907.

2. In census voting district 0444, blocks 301B and 302B.] District 2 consists of, in Clark County:

1. Census tracts 000102, 000103, 000104, 000105, 001003, 001004, 001005, 001006, 002203, 002204, 002205, 002905, 002937, 002938, 002947, 003001, 003101, 003102, 003416, 003417, 003419, 003420, 003422, 003423 and 003424.

2. Census voting districts 2049, 2051, 2052, 2054, 2055, 2104, 3027, 3029, 3104, 6028, 6029, 6030 and 6042.

3. In census tract 000101, blocks 1000, 1001, 1002, 1003, 1004, 2005, 2006, 2007, 2008, 2009, 2010, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 3001, 3008, 3009, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014 and 4015.

4. In census tract 000204, blocks 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012.

5. In census tract 002201, blocks 2012 and 2013.

6. In census tract 002935, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008 and 1009.

7. In census tract 002936, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2009, 2010, 2011 and 2012.

8. In census tract 002946, blocks 1000, 1001 and 1002.

9. In census tract 002949, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.

10. In census tract 002954, blocks 1000, 1001, 1002 and 1003.

11. In census tract 002955, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1009, 1010, 2001, 2003 and 2004.

12. In census tract 003004, block 2000.

13. In census tract 003005, blocks 4000, 4001 and 4002.

14. In census tract 003006, blocks 3000 and 3001.

15. In census tract 003412, block 3017.

16. In census tract 003413, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1015, 1016, 1017, 1018, 1019 and 1023.

17. In census tract 003415, blocks 3000, 3001, 3002, 3004, 4000, 4001, 4012, 6000, 6001, 6002, 6003, 6005, 6006, 6007, 6008, 6009 and 6015.

Sec. 21. NRS 396.043 is hereby amended to read as follows:

396.043 [Subdistrict A of district 2 consists of:

1. In Clark County, census voting districts 0025, 0030, 0035, 0065, 0100, 0105, 0130, 0160, 0300, 0310, 0385, 0430, 0470, 0515, 0535, 0540, 0605, 0610, 0785, 0935, 0955, 1105, 1110, 1115, 1120, 1125, 1130, 1135, 1140, 1145, 1155, 1160, 1165, 1170, 1175, 1180, 1190, 1200, 1205, 1210, 1215, 1220, 1225, 1230, 1235, 1240, 1245, 1250, 1255, 1265, 1300, 1330, 1340, 2325, 2395, 2400, 2405, 2410, 2855, 2875, 2945, 2955, 2960, 2970, 2975, 2980, 2985, 2990 and 2995.

2. In Clark County, in census voting district 0145, blocks 101 to 104, inclusive, 116, 131, 204 and 216.

3. In Clark County, all of census voting district 1150 except block 210.

4. In Clark County, in census voting district 1260, blocks 212, 214, 215, 216, 218, 219, 220, 222, 224 and 227.

5. In Clark County, all of census voting district 1275 except blocks 214 and 218.

6. In Clark County, in census voting district 2260, blocks 501, 513 to 517, inclusive, and 522.

7. In Clark County, all of census voting district 2965 except blocks 901 and 902.] District 3 consists of, in Clark County:

1. Census tracts 002000, 002300, 002403, 002404, 002405, 002406, 002501, 002504, 002505, 002506, 002601, 002602, 002603, 002702, 002706, 002707, 002708, 002709, 002807, 002809, 002810, 002811, 002817, 002818, 002823, 002824, 002828, 002829, 002830, 002833, 002834, 005311, 005312, 005316, 005317, 005319 and 005320.

2. Census voting districts 1111, 5014, 7050, 7060, 7061 and 7062.

3. In census tract 000204, blocks 2000, 2001, 2002, 2013 and 2014.

4. In census tract 001100, blocks 2009, 2010, 2011, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008 and 4009.

5. In census tract 002201, blocks 2010, 2011, 2014, 2015, 2016 and 2017.

6. In census tract 002808, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 2001, 2002, 2003, 2007, 2009, 2010, 2012, 2013 and 2014.

7. In census tract 002814, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020 and 2000.

8. In census tract 002831, blocks 1000, 1001, 1002, 1003, 1004 and 1005.

9. In census tract 002832, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1019 and 1020.

10. In census tract 005322, block 1000.

Sec. 22. NRS 396.0435 is hereby amended to read as follows:

396.0435 [Subdistrict B of district 2 consists of:

1. In Clark County, census voting districts 0015, 0040, 0175, 0185, 0190, 0210, 0235, 0240, 0245, 0260, 0270, 0280, 0285, 0290, 0315, 0325, 0360, 0365, 0370, 0375, 0390, 0400, 0405, 0440, 0490, 0495, 0530, 0550, 0555, 0560, 0565, 0580, 0585, 0600, 0620, 0650, 0680, 0685, 0700, 0705, 0710, 0720, 0725, 0735, 0760, 0770, 0790, 0795, 0830, 0835, 0840, 0850, 0890, 0895, 0940, 1055, 1060, 1075, 1760, 1810, 1825, 1835, 1855, 1880, 1885, 1910, 1915, 1920, 1950, 1985, 2015, 2030, 2070, 2080, 2330, 3005, 3020, 3055, 3065, 3105, 3110, 3125, 3140, 3145, 3150 and 3160.

2. In Clark County, in census voting district 0145, blocks 105, 114, 115, 117 and 118.] District 4 consists of, in Clark County:

1. Census tracts 001706, 001707, 001708, 001709, 001715, 001717, 001718, 001803, 001804, 002821, 002822, 002826, 002827, 005010, 005011, 005101, 005102, 005103, 005104, 005105, 005106, 005107, 005108, 005109, 005200, 005314, 005315, 005318, 005321, 005333, 005334, 005335, 005336, 005337, 005338, 005341, 005342, 005343 and 005345.

2. Census voting districts 1110, 5025, 5026, 7031, 7034, 7049, 7056, 7057 and 7058.

3. In census tract 001608, blocks 1007, 2003, 2004, 2005, 2006 and 2007.

4. In census tract 001713, blocks 1001, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.

5. In census tract 001801, blocks 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 2002, 2008, 2009, 2015, 2016, 2017, 2018 and 2021.

6. In census tract 002808, blocks 2000, 2004, 2005, 2006, 2008 and 2011.

7. In census tract 005339, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1040, 1041, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.

Sec. 23. NRS 396.044 is hereby amended to read as follows:

396.044 [Subdistrict C of district 2 consists of, in Clark County, census voting districts 1090, 1360, 1590, 1710, 1715, 1720, 1725, 1730, 1735, 1740, 1770, 1775, 1785, 1805, 1840, 1895, 1900, 1905, 1930, 1935, 1940, 1945, 1955, 1960, 1965, 1980, 2000, 2035, 2040, 2045, 2060, 2065, 2075, 2170, 2570, 2575, 2585, 2590, 2600, 2605, 2610, 2615, 2620, 2630, 2635, 2645, 2650, 2655, 2660, 2665, 2680, 2685, 2695, 2700, 2710, 2715, 2720, 2725, 2730, 2740, 2885, 2890, 2900, 2905, 2915, 2920, 2925, 2930, 3030, 3070, 3075, 3080, 3095, 3100, 3115, 3120, 3130, 3155 and 3190.] District 5 consists of, in Clark County:

1. Census tracts 000503, 000504, 000510, 000511, 000514, 000516, 000518, 001200, 001300, 001400, 001500, 001609, 001901, 001902, 004000, 004100, 004200 and 004300.

2. Census voting districts 2018, 2020, 2062, 2067, 2069, 4008, 4011, 4012, 4013, 4014 and 4039.

3. In census tract 000400, blocks 5002, 5003, 5004, 5011 and 5012.

4. In census tract 000512, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2014 and 2015.

5. In census tract 000517, blocks 1000, 1001, 1002, 1003, 1004, 1005, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008 and 3009.

6. In census tract 000519, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011 and 3012.

7. In census tract 000700, block 1000.

8. In census tract 001608, blocks 2001 and 2002.

9. In census tract 003800, blocks 4000, 4002, 4003 and 4004.

10. In census tract 004400, blocks 1005, 1006, 1007, 1008, 1017, 1018, 1019, 2002 and 4012.

11. In census tract 004500, blocks 2000, 2001, 2002, 2003, 2005, 2006, 2007, 2008, 3014 and 3015.

12. In census tract 004600, blocks 1002, 1012, 1017, 1019, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.

13. In census tract 004707, blocks 1002, 1003, 1004, 1005, 1006, 1007, 1008 and 1009.

14. In census tract 004710, blocks 1004, 1005 and 1006.

15. In census tract 004713, blocks 1002, 1003, 1010, 1011 and 1012.

16. In census tract 004717, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.

Sec. 24. NRS 396.0445 is hereby amended to read as follows:

396.0445 [Subdistrict D of district 2 consists of:

1. In Clark County, census voting districts 1345, 1350, 1355, 1365, 1370, 1375, 1380, 1390, 1395, 1400, 1410, 1415, 1425, 1430, 1440, 1445, 1450, 1460, 1465, 1470, 1475, 1480, 1485, 1490, 1495, 1500, 1510, 1525, 1540, 1545, 1550, 1570, 1575, 1580, 1585, 1605, 1610, 1615, 1620, 1625, 1630, 1635, 1640, 1645, 1650, 1655, 1660, 1665, 1675, 1680, 1685, 1690, 1790, 1820, 1830, 1845, 1865, 1875, 2005, 2050, 2055, 2100, 2105, 2110, 2115, 2120, 2125, 2130, 2135, 2140, 2280, 2300, 2535, 2540, 2545, 2580, 2595, 2625, 2640, 2670, 2675, 2690, 2705, 2745, 2910, 2935, 3180, 3205, 3270, 3275, 3280, 3285, 3290, 3295 and 3300.

2. In Clark County, in that portion of census voting district 3185 located in the Las Vegas census county division:

(a) Blocks 105B, 201C, 901B and 903C; and

(b) Block 902 located in census tract 005403.] District 6 consists of, in Clark County:

1. Census tracts 001606, 001607, 001610, 001611, 001612, 001613, 001710, 001716, 004708, 004709, 004907, 004910, 004911, 004912, 004914, 004915, 004916, 004917, 004918, 004919, 004920, 004921, 004922, 004923, 004924, 005005, 005006, 005007, 005008, 005009, 005012, 005411, 005412, 005421, 005422, 005423 and 006103.

2. Census voting districts 1026, 1032, 1043, 2065, 2070, 2123, 2124 and 2126.

3. In census tract 000512, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012 and 3013.

4. In census tract 000517, blocks 2000, 2001, 2002 and 2003.

5. In census tract 000519, block 3000.

6. In census tract 001608, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 1010, 1011, 1012, 2000 and 2008.

7. In census tract 001713, block 1000.

8. In census tract 001714, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.

9. In census tract 001801, blocks 2000 and 2001.

10. In census tract 004707, blocks 1000, 1001, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006 and 2007.

11. In census tract 004710, blocks 1000, 1001, 1002, 1003, 1007, 1008, 1009, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.

12. In census tract 006101, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1015, 1016, 1017, 1052, 2000, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030 and 2031.

13. In census tract 006201, block 2000.

14. In census tract 006202, block 1003.

Sec. 25. NRS 396.045 is hereby amended to read as follows:

396.045 [Subdistrict E of district 2 consists of, in Clark County, census voting districts 0010, 0055, 0060, 0070, 0080, 0095, 0150, 0155, 0165, 0200, 0205, 0220, 0225, 0255, 0265, 0295, 0330, 0350, 0425, 0450, 0455, 0460, 0475, 0485, 0505, 0510, 0520, 0525, 0570, 0590, 0675, 0690, 0695, 0750, 0765, 0775, 0960, 0965, 1755, 1765, 1780, 1800, 1815, 1850, 1870, 1890, 1970, 2010, 2020, 2155, 2160, 2165, 2175, 2180, 2185, 2190, 2195, 2200, 2215, 2230, 2240, 2245, 2830, 2880, 3010, 3015, 3025, 3035, 3040, 3045, 3050, 3060, 3090, 3135, 3215 and 3240.] District 7 consists of , in Clark County:

1. Census tracts 002915, 002916, 002919, 002939, 002940, 002941, 002944, 002950, 002951, 002952, 002953, 002957, 003003, 003210, 003211, 003212, 003213, 003214, 003215, 003216, 003217, 003218, 003219, 003220, 003221, 003222, 003223, 003224, 003225, 003226, 003227, 003418, 003421, 005804 and 005805.

2. Census voting districts 6011, 6012 and 6013.

3. In census tract 003004, blocks 1000, 1001, 1002, 2001, 2002, 2003, 2004, 2005 and 2006.

4. In census tract 003005, blocks 3000, 3001, 3002, 3003, 3004, 4003, 4004 and 4005.

5. In census tract 003006, blocks 3002, 3003, 3004, 3005, 3006 and 3007.

6. In census tract 003415, blocks 1000, 1001, 2002 and 2003.

7. In census tract 005803, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 2000, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009 and 3010.

8. In census tract 005810, blocks 1003 and 1005.

Sec. 26. NRS 396.0451 is hereby amended to read as follows:

396.0451 [Subdistrict F of district 2 consists of:

1. Lincoln County.

2. In Clark County, census voting districts 0020, 0050, 0085, 0120, 0250, 0305, 0465, 0630, 0660, 1070, 1185, 1195, 1455, 1515, 1600, 1695, 1750, 1795, 2095, 2205, 2210, 2225, 2250, 2255, 2265, 2270, 2275, 2305, 2310, 2315, 2555, 2565, 2750, 2755, 2760, 2770, 2775, 2780, 2785, 2790, 2795, 2800, 2805, 2810, 2815, 2820, 2825, 2835, 2840, 2845, 2850, 2860, 2865, 2870 and 2950, that portion of census voting district 3185 located in the Clark census county division, and census voting districts 3255 and 3305.

3. In Clark County, in census voting district 1150, block 210.

4. In Clark County, in census voting district 1260, blocks 101, 102, 103 and 123.

5. In Clark County, in census voting district 1275, blocks 214 and 218.

6. In Clark County, in that portion of census voting district 3185 located in the Las Vegas census county division:

(a) Block 201B located in census tract 0051.

(b) Block 201B located in census tract 005401.

(d) Block 902 located in census tract 005401.

7. In Clark County, in census voting district 2260, blocks 502, 508 to 512, inclusive, and 518.

8. In Clark County, in census voting district 2965, blocks 901 and 902.] District 8 consists of Churchill County, Elko County, Esmeralda County, Eureka County, Humboldt County, Lander County, Lincoln County, Mineral County, Nye County, Pershing County and White Pine County.

Sec. 26.5. NRS 396.0453 is hereby amended to read as follows:

396.0453 [Subdistrict G of district 2 consists of:

1. In Nye County, census voting districts 0060, 0065, 0070, 0075, 0080, 0085, 0090 and 0095.

2. In Clark County, census voting districts 0005, 0045, 0075, 0090, 0115, 0125, 0140, 0170, 0195, 0230, 0320, 0340, 0395, 0410, 0415, 0435, 0445, 0480, 0595, 0615, 0625, 0635, 0640, 0655, 0670, 0715, 0745, 0755, 0800, 0805, 0845, 0855, 0860, 0870, 0875, 0880, 0885, 0900, 0910, 0930, 0950, 0980, 0985, 0990, 1020, 1045, 1050, 1065, 1080, 1095, 1925, 1975, 2090, 2335, 2340, 2345, 2350, 2355, 2360, 2365, 2370, 2380, 2385, 2390, 2415, 2420, 2425, 2430, 2435, 2440, 2445, 2450, 2455, 2460, 2465, 2470, 2475, 2485, 2490, 2495, 2500, 2505, 2510, 2515, 2520, 2530, 3175 and 3210.] District 9 consists of:

1. Carson City, Douglas County, Lyon County and Storey County.

2. In Washoe County:

(a) Census tracts 003201, 003302 and 003304.

(b) Census voting districts 134, 144, 145, 148, 764, 771, 790, 797, 814, 819, 825, 844, 887, 929, 932 and 933.

(c) In census tract 001006, blocks 2026, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2110, 2112, 2113, 2114, 2115, 2116, 2117, 2121, 3036, 3037, 3038, 3039, 3041, 3042, 3043, 3044, 3045, 3046, 3047 and 3048.

(d) In census tract 001007, blocks 2016, 2017, 2018, 2019, 2020, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3038, 3039, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3051, 3052, 3053, 3054, 3055 and 3056.

(e) In census tract 002300, blocks 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2093, 2094, 2095, 2096, 2097, 2098, 2102, 2103, 2104, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2119 and 2995.

(f) In census tract 003202, blocks 1008, 1009, 1024, 1025, 1026, 2000, 2001, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5056, 5057, 5058, 5059, 5998 and 5999.

Sec. 27. NRS 396.0455 is hereby amended to read as follows:

396.0455 [Subdistrict A of district 3 consists of:

1. Churchill County, Elko County, Esmeralda County, Eureka County, Humboldt County, Lander County, Mineral County, Pershing County and White Pine County.

2. In Lyon County, census voting districts 0060, 0065, 0070, 0075 and 0080.

3. In Nye County, census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050 and 0055.

4. In Washoe County, census voting district 0805, that portion of census voting district 0815 located in the Pyramid Lake census county division, and census voting district 0910.] District 10 consists of, in Washoe County:

1. Census tracts 000200, 000300, 000400, 000700, 000900, 001003, 001004, 001005, 001101, 001103, 001104, 001105, 001200, 001300, 002101, 002104, 002105, 002106, 002203, 002204, 002205 and 002406.

2. Census voting districts 101, 222, 254, 306, 307, 333, 340, 342, 343, 345, 353, 400, 402, 410, 413, 446, 503, 504, 509, 511, 512, 513, 534, 535, 537, 539, 710, 731, 769, 779, 787, 798, 834, 847, 879, 917, 935, 936, 938 and 945.

3. In census tract 000100, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 5002, 5003, 5004, 5005, 5010, 5011, 5012, 5013, 5014, 5015, 5019, 5020, 5021, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5051 and 5052.

4. In census tract 001006, blocks 2004, 2005, 2006, 2007, 2008, 2009, 2014, 2015, 2016, 2018, 2029, 3014 and 3035.

5. In census tract 001007, blocks 2001, 2002, 2003, 2004, 2005, 2014, 2015, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3008, 3009, 3010, 3011, 3012, 3023, 3024, 3025, 3026 and 3050.

6. In census tract 001500, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3013 and 3014.

7. In census tract 001700, blocks 2004, 2006, 2007, 2008, 2009, 2010, 2011, 3008, 3009, 3010, 3011, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 5004, 5005, 5006, 5007 and 5008.

8. In census tract 001800, blocks 3007, 3009, 3010, 3011, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 5001, 5002, 5003, 5004, 5005, 5009, 5010 and 5011.

9. In census tract 002103, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2001, 2002, 2003, 2004, 2006, 2012, 2013, 2014, 2015, 2016, 2020, 2021 and 2022.

10. In census tract 002202, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1022, 1025, 1026, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2026, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036 and 2037.

11. In census tract 002401, blocks 1001, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2022 and 2023.

12. In census tract 002402, blocks 2080, 2087 and 3024.

13. In census tract 002500, blocks 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3025 and 3026.

14. In census tract 003202, blocks 1005, 1006 and 1007.

Sec. 28. NRS 396.046 is hereby amended to read as follows:

396.046 [Subdistrict B of district 3 consists of:

1. Carson City, Douglas County and Storey County.

2. In Lyon County, census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050 and 0055.

3. In Washoe County, census voting districts 0326, 0334, 0341, 0344, 0349, 0703, 0705, 0712, 0716, 0720, 0721, 0722, 0723, 0724, 0727, 0729, 0730, 0731, 0732, 0733, 0736, 0737, 0739, 0740, 0742, 0744, 0746 and 0769, that portion of census voting district 0771 located in the New Washoe City census county division, and census voting districts 0816, 0817, 0818, 0832, 0833, 0834, 0902, 0903, 0930, 0933, 0935, 0939 and 0945.] District 13 consists of, in Clark County:

1. Census tracts 002815, 002816, 002835, 002836, 002912, 002925, 002942, 002948, 002956, 002958, 002960, 002961, 002962, 002963, 005331, 005332, 005702, 005703, 005704, 005705, 005806, 005807, 005808, 005809, 005811, 005812, 005813, 005816, 005818, 005819, 005820, 005821 and 940500.

2. Census voting districts 3138, 3188, 6040, 6062, 6066 and 6102.

3. In census tract 002814, blocks 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.

4. In census tract 002831, blocks 1006, 1007, 1008, 1009, 1010, 1011 and 1012.

5. In census tract 002832, blocks 1014, 1015, 1016, 1017, 1018, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1031.

6. In census tract 002927, block 2000.

7. In census tract 002935, blocks 1007, 1010, 1011, 1012, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009.

8. In census tract 002936, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 2008, 2013, 2014 and 2015.

9. In census tract 002955, blocks 1007, 1008, 1011, 1012, 1013, 2000, 2002, 2005 and 2006.

10. In census tract 005322, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.

11. In census tract 005339, blocks 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039 and 1042.

12. In census tract 005502, block 1000.

13. In census tract 005710, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1014, 1015, 1016, 1017, 1018, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144 and 1145.

14. Census tract 005803, block 2001.

15. In census tract 005810, blocks 1000, 1001, 1002, 1004, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1034.

16. In census tract 005817, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1038, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1069, 1070, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1144, 1145, 1146, 1147, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162 and 1164.

17. In census tract 005902, block 9011.”.

Amend sec. 30, page 35, by deleting lines 8 through 23 and inserting:

“(a) The member elected from subdistrict A of district 2 shall represent district 1 as described in section 19 of this act.

(b) The member elected from subdistrict D of district 2 shall represent district 4 as described in section 22 of this act.

(c) The member elected from subdistrict F of district 2 shall represent district 6 as described in section 24 of this act.

(d) The member elected from subdistrict G of district 2 shall represent district 7 as described in section 25 of this act.

(e) The member elected from subdistrict A of district 3 shall represent district 8 as described in section 26 of this act.

(f) The member elected from subdistrict B of district 3 shall represent district 9 as described in section 26.5 of this act.

(g) The member elected from subdistrict B of district 1 shall represent district 11 as described in section 14.5 of this act.

(h) The member elected from subdistrict C of district 2 shall represent district 13 as described in section 28 of this act.”.

Amend sec. 31, page 35, by deleting lines 30 and 31 and inserting: “that renumbered district in the identical office at the next succeeding election for that office.”.

Amend sec. 31, page 36, by deleting lines 1 through 4 and inserting:

“(1) The member elected from subdistrict B of district 2, if seeking election in 2002 to district 2 as described in section 20 of this act.

(2) The member elected from subdistrict E of district 2, if seeking election in 2002 to district 3 as described in section 21 of this act.

(3) The member elected from subdistrict A of district 1, if seeking election in 2002 to district 10 as described in section 27 of this act.”.

Amend the bill as a whole by adding a new section designated sec. 31.5, following sec. 31, to read as follows:

“Sec. 31.5. At the general election in 2002, one member of the board of regents must be elected for an initial term of 4 years to the open seat in district 12, described in section 14.7 of this act.”.

Amend sec. 33, page 36, line 8, by deleting: “29, 30 and 31” and inserting: “29 to 31.5, inclusive,”.

Amend the title of the bill, third line, after “elected;” by inserting: “changing the number of members of the board of regents;”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senators O'Connell and Neal.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 324.

Bill read third time.

Roll call on Assembly Bill No. 324:

Yeas—20.

Nays—None.

Not Voting—O'Connell.

Assembly Bill No. 324 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Townsend moved that Assembly Bill No. 661 be taken from the General File and placed on the top of the General File for the next legislative day.

Remarks by Senator Townsend.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 670.

Bill read third time.

Roll call on Assembly Bill No. 670:

Yeas—21.

Nays—None.

Assembly Bill No. 670 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Recede From Senate Amendments

Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 94, 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, Neal and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 94.

Recede From Senate Amendments

Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 637, 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 Titus, O'Connell and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 637.

Madam President appointed Senators Care, McGinness and Porter as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 49.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 25, consisting of the undersigned members, has met and reports that:

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

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 7, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend section 1, page 2, line 9, before “restricted” by inserting “unreasonably”.

Amend section 1, page 2, line 10, before “restricted” by inserting “unreasonably”.

Amend section 1, page 2, line 14, by deleting: “a preponderance of the” and inserting: “clear and convincing”.

Amend section 1, page 3, line 6, by deleting “7.” and inserting: “arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.

7.”.

Amend section 1, page 3, line 15, by deleting “find” and inserting: “find , by a preponderance of the evidence,”.

Amend section 1, page 3, line 16, by deleting “(j),” and inserting “(i),”.

Amend section 1, page 3, line 31, by deleting “finds” and inserting: “finds by a preponderance of the evidence,”.

Mark A. James	Barbara E. Buckley
Jon C. Porter	John C. Carpenter
Terry Care	Bernie Anderson
Senate Conference Committee	Assembly Conference Committee

Senator James moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 25.

Remarks by Senator James.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 482, consisting of the undersigned members, has met and reports that:

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

Maurice E. Washington
Randolph J. Townsend	Mark A. Manendo
Bernice Mathews	Don Gustavson
Senate Conference Committee	Assembly Conference Committee

Senator Washington moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 482.

Remarks by Senator Washington.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 551, consisting of the undersigned members, has met and reports that:

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

Mark A. James	Kathy McClain
Mike McGinness	Ellen M. Koivisto
Dina Titus	Greg Brower
Senate Conference Committee	Assembly Conference Committee

Senator O'Donnell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 551.

Remarks by Senator James.

Motion carried by a constitutional majority.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which were referred Senate Bill No. 465; Assembly Bills Nos. 448, 597, 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. 148, 458, 518, 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

SECOND READING AND AMENDMENT

Senate Bill No. 148.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1160.

Amend section 1, page 2, by deleting lines 8 through 11.

Amend section 1, page 2, line 12, by deleting “(d)” and inserting “(c)”.

Amend section 1, page 2, line 14, by deleting “(e)” and inserting “(d)”.

Amend section 1, page 2, line 16, by deleting “(f)” and inserting “(e)”.

Amend section 1, page 2, line 24, by deleting “(g)” and inserting “(f)”.

Amend section 1, page 2, line 32, by deleting “(h)” and inserting “(g)”.

Amend section 1, page 2, line 35, by deleting “(i)” and inserting “(h)”.

Amend section 1, page 2, line 38, by deleting “(j)” and inserting “(i)”.

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. NRS 389.015 is hereby amended to read as follows:

389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

(a) Reading;

(b) Writing;

(d) Science.

2. The examinations required by subsection 1 must be:

(a) Administered before the completion of grades 4, 8, 10 and 11.

(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

(d) Administered in each school in accordance with the plan adopted pursuant to section 2 of Assembly Bill No. 214 of this [act] session by the department and with the plan adopted pursuant to section 4 of Assembly Bill No. 214 of this [act] by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:

(1) The plan adopted by the department; and

(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.

(e) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to subsection 1 of NRS 385.367, the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The high school proficiency examination must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering and evaluating the examinations.

(b) That a disclosure may be made to a:

(1) State officer who is a member of the executive or legislative branch to the extent that it is necessary for the performance of his duties;

(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;

(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and

(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.

(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.”.

Amend sec. 2, page 3, by deleting lines 1 through 3 and inserting:

“Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 19, inclusive, of this act.

Sec. 4. 1. If the board of trustees of a school district determines that a”.

Amend the bill as a whole by renumbering sections 3 through 7 as sections 20 through 24 and adding new sections designated sections 5 through 19, following sec. 2, to read as follows:

“Sec. 5. As used in sections 5 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 and 7 of this act have the meanings ascribed to them in those sections.

Sec. 6. “Regional training program” means a regional training program for the professional development of teachers and administrators created pursuant to section 8 of this act.

Sec. 7. “Statewide council” means the statewide council for the coordination of the regional training programs created by section 9 of this act.

Sec. 8. 1. The Clark County school district, Douglas County school district, Elko County school district and Washoe County school district shall each establish and operate a regional training program for the professional development of teachers and administrators.

2. Except as otherwise provided in subsection 6, the regional training program established by the Clark County school district must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Clark County;

(b) Esmeralda County;

(d) Nye County.

3. Except as otherwise provided in subsection 6, the regional training program established by the Douglas County school district must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Carson City;

(b) Churchill County;

(d) Lyon County; and

(e) Mineral County.

4. Except as otherwise provided in subsection 6, the regional training program established by the Elko County school district must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Elko County;

(b) Eureka County;

(d) Humboldt County; and

(e) White Pine County.

5. Except as otherwise provided in subsection 6, the regional training program established by the Washoe County school district must primarily provide services to teachers and administrators who are employed by school districts in:

(a) Pershing County;

(b) Storey County; and

6. Each regional training program shall, when practicable, make reasonable accommodations for the attendance of teachers and administrators who are employed by school districts outside the primary jurisdiction of the regional training program.

Sec. 9. 1. The statewide council for the coordination of the regional training programs, consisting of eight members, is hereby created. The membership of the council consists of:

(a) Each coordinator appointed by the governing body of each regional training program pursuant to section 13 of this act; and

(b) One member of the governing body of each regional training program, appointed by the governing body. The member appointed pursuant to this paragraph may appoint a designee to serve in his place.

2. Each coordinator who serves on the statewide council is a member of the statewide council only for the period of his service as coordinator of the regional training program pursuant to section 13 of this act.

3. Each member appointed by the governing body pursuant to paragraph (b) of subsection 1 serves a term of 2 years.

4. Members of the statewide council serve without salary or compensation for their travel or per diem expenses.

5. The governing bodies of the regional training programs may mutually agree to expend a portion of their respective budgets to pay for the administrative support of the statewide council.

Sec. 10. 1. The statewide council shall meet not less than four times per year.

2. The statewide council shall:

(a) Adopt uniform standards for use by the governing body of each regional training program in the review and approval by the governing body of the training to be provided by the regional training program pursuant to sections 15 and 16 of this act. The standards must ensure that the training provided by the regional training programs is of high quality and is effective in addressing the training programs specified in subsection 1 of section 16 of this act.

(b) Coordinate the dissemination of information to school districts, administrators and teachers concerning the training, programs and services provided by the regional training programs.

(c) Disseminate information to the regional training programs concerning innovative and effective methods to provide professional development.

(d) Conduct long-range planning concerning the professional development needs of teachers and administrators employed in this state.

(e) Adopt uniform procedures for use by the governing body of each regional training program to report the evaluation conducted pursuant to section 18 of this act.

Sec. 11. 1. Each regional training program must have a governing body consisting of:

(a) The superintendent of schools, or his designee, for each school district that is included within the primary jurisdiction of the regional training program. The superintendent of schools serves ex officio.

(b) Teachers who are considered masters, appointed by the superintendents of schools of the school districts that are included within the primary jurisdiction of the regional training program and the representatives of higher education appointed to the governing body. Each teacher who wishes to be considered for appointment to the governing body must submit an application explaining his qualifications as a master teacher. At least one teacher must be appointed from each school district within the primary jurisdiction of the regional training program.

(c) Representatives of the University and Community College System of Nevada, appointed by the board of regents, and representatives of other institutions of higher education, as determined by the superintendents of school districts included within the primary jurisdiction of the regional training program.

(d) A nonvoting member who is an employee of the department.

2. After the appointments are made, the governing body shall select a chairman from among its membership.

3. Each member of the governing body shall serve a term of 2 years. A person must not be appointed to serve more than three consecutive terms.

4. A vacancy in the governing body must be filled in the same manner as the original appointment.

Sec. 12. 1. Each governing body shall meet not less than two times per year and at the call of the chairman.

2. Members of the governing body serve without salary or compensation for their travel or per diem expenses.

Sec. 13. 1. The governing body of each regional training program shall appoint a coordinator of the program, who serves at the pleasure of the governing body.

2. The coordinator of each regional training program shall:

(a) Serve on the statewide council;

(b) Assist in the evaluation of the regional training program, as directed by the governing body; and

Sec. 14. On an annual basis, the governing body of each regional training program shall review the budget for the program and submit a proposed budget to the legislative committee on education. The proposed budget must include, without limitation, the amount of money requested by the governing body to pay for the services of the coordinator of the program appointed pursuant to section 13 of this act. In even-numbered years, the proposed budget must be submitted to the legislative committee on education at least 4 months before the commencement of the next regular session of the legislature.

Sec. 15. The governing body of each regional training program shall:

1. Adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada.

2. Assess the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations to the appropriate governing body for the types of training that should be offered by the regional training program.

3. Prepare a 5-year plan for the regional training program, which includes, without limitation:

(a) An assessment of the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program; and

(b) Specific details of the training that will be offered by the regional training program for the first 2 years covered by the plan.

4. Review the 5-year plan on an annual basis and make revisions to the plan as are necessary to serve the training needs of teachers and administrators employed by the school districts within the primary jurisdiction of the regional training program.

Sec. 16. 1. Based upon the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to section 15 of this act, each regional training program must provide:

(a) Training for teachers in the standards established by the council to establish academic standards for public schools pursuant to NRS 389.520; and

(b) At least one of the following types of training:

(1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

(2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

(3) Training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

2. The training required pursuant to subsection 1 must:

(a) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

(b) Incorporate training that addresses the educational needs of:

(1) Pupils with disabilities who participate in programs of special education; and

(2) Pupils whose primary language is not English.

3. The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate the standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520 and other training listed in subsection 1. The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

4. A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

Sec. 17. 1. To the extent that money is available from legislative appropriation or otherwise, a regional training program must pay:

(a) The salaries and travel expenses of staff and other personnel necessary to the operation of the program;

(b) Related administrative expenses; and

2. To the extent that money is available from legislative appropriation or otherwise, a regional training program may provide incentives for teachers to attend the regional training program, including, without limitation:

(a) Arrangement for credit toward renewal of a license or an endorsement for a license;

(b) Provision of books, supplies or instructional materials for the classrooms; and

Sec. 18. The governing body of each regional training program shall:

1. Establish a method for the evaluation of the success of the regional training program. The method must be consistent with the uniform procedures adopted by the statewide council pursuant to section 10 of this act.

2. On or before July 1 of each year, submit an annual report to the state board, the commission, the legislative committee on education and the legislative bureau of educational accountability and program evaluation that includes:

(a) The priorities for training adopted by the governing body pursuant to section 15 of this act;

(b) The type of training offered through the program in the immediately preceding year;

(c) The number of teachers and administrators who received training through the program in the immediately preceding year;

(d) An evaluation of the success of the program in accordance with the method adopted pursuant to subsection 1; and

(e) The 5-year plan for the program prepared pursuant to section 15 of this act and any revisions to the plan made by the governing body in the immediately preceding year.

Sec. 19. The board of trustees of each school district shall submit an annual report to the state board, the commission, the legislative committee on education and the legislative bureau of educational accountability and program evaluation that includes for the immediately preceding year:

1. The number of teachers and administrators employed by the school district who received training through the program; and

2. An evaluation of whether that training included the standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520.”.

Amend sec. 3, page 3, line 32, by deleting “2” and inserting “4”.

Amend sec. 6, page 5, line 40, by deleting “5:” and inserting “6:”.

Amend sec. 6, page 5, line 43, by deleting “and”.

Amend sec. 6, page 5, line 46, by deleting “(a).” and inserting: “(a); and

(c) Place the teacher on the schedule of salaries of the school district in a classification that is commensurate with the level of education acquired by the teacher, as set forth in the applicable negotiated agreement with the present employer.”.

Amend sec. 6, page 6, by deleting lines 6 through 18 and inserting:

“5. In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection 6:

(a) Give the administrator the same credit for previous administrative service as he was receiving from his former employer, at the end of his former employment;

(b) Give the administrator credit for his final year of service with his former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and

(c) Place the administrator on the schedule of salaries of the school district in a classification that is comparable to the classification the administrator had attained on the schedule of salaries of his former employer.

6. This section does not:

(a) Require a school district to allow a teacher or administrator more credit for previous teaching or administrative service than the maximum credit for teaching or administrative experience provided for in the schedule of salaries established by it for its licensed personnel.

(b) Permit a school district to deny a teacher or administrator credit for his previous teaching or administrative service on the ground that the service differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.

7. As used in this section:

(a) “Previous administrative service” means the total of:

(1) Any period of administrative service for which an administrator received credit from his former employer at the beginning of his former employment; and

(2) His period of administrative service in his former employment.

(b) “Previous teaching service” means the total of:

(1) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

(2)His period of teaching service in his former employment.”.

Amend sec. 7, page 6, line 28, by deleting “2” and inserting “4”.

Amend the bill as a whole by deleting sections 8 through 10, renumbering sections 11 and 12 as sections 31 and 32, and adding new sections designated sections 25 through 30, following sec. 7, to read as follows:

“Sec. 25. 1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly threaten to cause bodily harm or death to a pupil or employee of a school district or charter school with the intent to:

(a) Intimidate, frighten, alarm or distress a pupil or employee of a school district or charter school;

(b) Cause panic or civil unrest; or

2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:

(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.

(b) A gross misdemeanor, if the threat causes:

(1) Any pupil or employee of a school district or charter school who is the subject of the threat to be intimidated, frightened, alarmed or distressed;

(2) Panic or civil unrest; or

(3) Interference with the operation of a public school, including, without limitation, a charter school.

3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:

(a) A letter, note or any other type of written correspondence.

(b) An item of mail or a package delivered by any person or postal or delivery service.

(d) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.

(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

(f) An audio or video recording or reproduction, or any other similar means of communication.

(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.

Sec. 26. NRS 392.480 is hereby amended to read as follows:

392.480 1. It is unlawful for any person to disturb the peace of any public school by using vile or indecent language within the building or grounds of the school. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.

2. It is unlawful for any person to [threaten or] assault any pupil or school employee:

(a) Within the building or grounds of the school;

(b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or

Except under circumstances described in paragraph (c) of subsection 2 of NRS 200.471 or in NRS 200.571, any person who violates any of the provisions of this subsection is guilty of a misdemeanor.

3. It is unlawful for any person maliciously and purposely in any manner to interfere with or disturb any persons peaceably assembled within a building of a public school for school district purposes. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.

4. For the purposes of this section “school employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

Sec. 27. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly threaten to cause bodily harm or death to a pupil or employee of a private school with the intent to:

(a) Intimidate, frighten, alarm or distress a pupil or employee of a private school;

(b) Cause panic or civil unrest; or

2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:

(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.

(b) A gross misdemeanor, if the threat causes:

(1) Any pupil or employee of a private school who is the subject of the threat to be intimidated, frightened, alarmed or distressed;

(2) Panic or civil unrest; or

(3) Interference with the operation of a private school.

3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:

(a) A letter, note or any other type of written correspondence.

(b) An item of mail or a package delivered by any person or postal or delivery service.

(d) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.

(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

(f) An audio or video recording or reproduction, or any other similar means of communication.

(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.

Sec. 28. Section 26 of chapter 621, Statutes of Nevada 1999, at page 3395, is hereby amended to read as follows:

Sec. 26. Commencing in the 2001-2002 school year, the high school proficiency examination that, pursuant to NRS 389.015, pupils must pass to receive a standard high school diploma must measure the performance of pupils on the standards of content and performance in English [,] and mathematics [and science] established by the council to establish academic standards for public schools created pursuant to section 7 of this act and adopted by the state board of education. The high school proficiency examination that measures the performance of pupils on those standards must first be administered to pupils enrolled in grade 11 in the 2001-2002 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the 2002-2003 school year. Pupils who graduate from high school in the 2001-2002 school year are not required to pass the examination that measures the performance of pupils on the standards established by the council to establish academic standards for public schools and adopted by the state board of education, but must pass the examination that is administered to pupils in the immediately preceding school year.

Sec. 29. Section 5 of Senate Bill No. 36 of this session is hereby amended to read as follows:

Sec. 5. NRS 387.303 is hereby amended to read as follows:

387.303 1. Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

(a) For each fund within the school district, including, without limitation, the school district’s general fund 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 school district 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 school district’s final budget, 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.

(b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

(d) The school district’s proposed expenditures for the current fiscal year.

(e) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

(f) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of trustees shall submit a supplemental report to the superintendent of public instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.

(g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

(h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

(i) 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.

(j) The expenditures from the account created pursuant to subsection 3 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.

2. On or before November 25 of each year, the superintendent of public instruction shall submit to 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 school district 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 school districts with the apportionment received by those districts from the state distributive school account for the preceding year.

Sec. 30. Section 22 of Senate Bill No. 245 of this session is hereby amended 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) Except as otherwise provided in section 4 of Senate Bill No. 148 of this [act,] session, 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.

Amend sec. 11, page 8, by deleting lines 34 and 35 and inserting:

“Sec. 31. 1. To the extent that money is made available by legislative appropriation, the department of education shall use that money for reimbursement of”.

Amend sec. 11, page 9, by deleting lines 23 and 24 and inserting: “money is available for this purpose.”.

Amend sec. 11, page 9, by deleting lines 37 through 46.

Amend the bill as a whole by deleting sec. 13 and adding new sections designated sections 33 through 43, following sec. 12, to read as follows:

“Sec. 33. The legislature hereby finds and declares that a general law cannot be made applicable for the provisions of sections 5 to 19, inclusive, of this act because of the geographic diversity of the areas served by the school districts in this state which creates a need for the training of teachers and administrators that is specific to the region in which those teachers and administrators are employed. The legislature believes that the creation of regional training programs for the professional development of teachers and administrators is the most effective way to provide high quality and effective professional development training for the teachers and administrators employed in this state.

Sec. 34. On or before July 1, 2001, appointments must be made to the governing body of each regional training program for the professional development of teachers and administrators pursuant to section 11 of this act to terms commencing on that date. A person who serves on a governing body before July 1, 2001, may be reappointed pursuant to this section. If a person who serves on a governing body before July 1, 2001, is reappointed pursuant to this section, his appointment shall be deemed his first term for purposes of subsection 3 of section 11 of this act.

Sec. 35. On or before September 1, 2001, the governing body of each regional training program shall appoint a coordinator of the program pursuant to section 13 of this act.

Sec. 36. On or before September 1, 2001, appointments must be made to the statewide council for the coordination of the regional training programs created pursuant to section 9 of this act.

Sec. 37. For purposes of the 2001-2002 school year and the 2002-2003 school year, the governing body of each regional training program for the professional development of teachers and administrators may expend a reasonable amount from the budget of the program to pay for the services of the coordinator of the program appointed pursuant to section 13 of this act. The amount expended pursuant to this section must comply with the budget submitted by the governing body to the legislative bureau of educational accountability and program evaluation for the 2001-2003 biennium.

Sec. 38. Commencing in the 2003-2004 school year, the high school proficiency examination that, pursuant to NRS 389.015, pupils must pass to receive a standard high school diploma must measure the performance of pupils on the standards of content and performance in science established by the council to establish academic standards for public schools pursuant to NRS 389.520 and adopted by the state board of education. The high school proficiency examination that measures the performance of pupils in the standards of content and performance in science established by the council to establish academic standards for public schools must first be administered to pupils enrolled in grade 11 in the 2003-2004 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the 2004-2005 school year. Pupils who graduate in the 2003-2004 school year are not required to pass the examination that measures the performance of pupils on the standards in science established by the council to establish academic standards for public schools, but must pass the examination that is administered to pupils in the immediately preceding school year.

Sec. 39. Notwithstanding the provisions of NRS 389.015 to the contrary, the board of trustees of a school district and the governing body of a charter school shall, for the 2002-2003 school year, administer the norm-referenced examinations on reading, mathematics and science that are otherwise required to be administered to pupils who are enrolled in grade 8 to pupils who are enrolled in grade 7, rather than to pupils who are enrolled in grade 8. In addition, the results of the examinations administered to pupils enrolled in grade 7 must be reported as the results of the examinations are otherwise reported pursuant to NRS 385.347 and 389.017.

Sec. 40. 1. If money is appropriated by the legislature for the 2001‑2003 biennium for the development of a new criterion-referenced examination for pupils who are enrolled in grade 8, the state board of education shall, on or before December 1, 2002, pursuant to the recommendations of the council to establish academic standards for public schools, develop or purchase examinations that measure the achievement and proficiency of pupils who are enrolled in grade 8 on the standards of content and performance established by the council. The examinations must be scored by a single entity, the department of education, or a school district on behalf of the other school districts.

2. The department of education shall conduct a pilot program of the examinations or the questions included on the examinations in the spring semester of 2002.

3. The examinations must be administered to all pupils, as required by NRS 389.550, commencing in the spring semester of 2003. The results of those examinations must be used solely to gather information and data concerning the examinations.

Sec. 41. 1. The department of education shall allow the legislative counsel bureau to participate, to the extent practicable, in the process for the review and selection of contractors for the development, printing, administration and scoring of examinations that are required pursuant to NRS 389.015 and 389.550. The department shall provide to the legislative counsel bureau a copy of any solicitation for bids for such contractors.

2. The department of education shall not enter into a contract with a testing vendor unless the contract includes a provision to allow the testing vendor to respond to requests by the legislative counsel bureau for information at no additional cost to the department, to the extent that the information that is requested will not compromise any proprietary or confidentiality agreements.

Sec. 42. The provisions of this act do not apply to offenses committed before July 1, 2001.

Sec. 43. 1. This section and sections 5, 7 to 19, inclusive, and 33 to 37, inclusive, of this act become effective upon passage and approval.

2. Sections 3, 4, 25 to 28, inclusive, 30, 31, 32 and 38 to 42, inclusive, of this act become effective on July 1, 2001.

3. Sections 1 and 6 of this act become effective at 12:01 a.m. on July 1, 2001.

4. Sections 2 and 29 of this act become effective at 12:02 a.m. on July 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; revising provisions relating to the achievement and proficiency examinations administered in public schools; revising provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring the boards of trustees of school districts to pay the increase of salary retroactively under certain circumstances; authorizing under certain circumstances the employment of licensed teachers who do not hold endorsements in a particular subject area; requiring certain school districts to create and operate regional training programs for the professional development of teachers and administrators; creating the statewide council for the coordination of the regional training programs; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; prohibiting persons from making certain threats to pupils and employees of school districts, charter schools and private schools; providing for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards if money is made available; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding education and educational personnel. (BDR 34‑219)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 458.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1204.

Amend section 1, page 1, line 2, by deleting “$57,500,000” and inserting “$34,000,000”.

Amend section 1, page 1, line 3, after “bonus” by inserting: “of approximately 3 percent”.

Amend sec. 2, page 1, line 5, by deleting “2003,” and inserting “2002,”.

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. 518.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1226.

Amend section 1, page 1, by deleting line 3 and inserting: “$11,000,000 to restore and increase the balance in the fund to $11,000,000.”.

Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:

“Sec. 2. 1. There is hereby appropriated from the state general fund to the Interim Finance Committee:

(a) The sum of $5,250,000 on the effective date of this act; and

(b) The sum of $11,750,000 on July 1, 2001,

to assist state agencies, including the University and Community College System of Nevada, in paying for energy (utilities) needs that exceed the amount that has otherwise been appropriated by the Legislature for that purpose.

2. Money allocated pursuant to subsection 1 may only be used if all other sources of funding for energy (utilities) needs that have been appropriated by the Legislature have been exhausted by the requesting state agency, including the University and Community College System of Nevada.

3. If a state agency, including the University and Community College System of Nevada, desires to request funding pursuant to subsection 1, such a request must be approved by the State Board of Examiners before it may be submitted to the Interim Finance Committee. The Interim Finance Committee is not required to approve the entire funding in any request or to allocate the entire amount appropriated.

4. The Interim Finance Committee shall require such documentation and reporting by a requesting state agency, including the University and Community College System of Nevada, as it deems necessary to ensure the productive use of the money appropriated in subsection 1.

5. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of the sum appropriated by subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 3. 1. There is hereby appropriated from the state general fund to the Interim Finance Committee the sum of $6,500,000. This appropriation is provided as a one-time energy (utilities) pool available to school districts in meeting energy (utilities) costs which are greater than the amounts budgeted for the 2001-2003 biennium. No additional appropriation will be made for this purpose.

2. The State Board of Examiners shall establish policies, procedures and criteria for the review of requests for funding pursuant to subsection 1. Upon the adoption of such policies, procedures and criteria, the State Board of Examiners shall transmit a copy of the policies, procedures and criteria to the Interim Finance Committee for approval. Upon approval of the policies, procedures and criteria, the Interim Finance Committee shall transmit a copy of the policies, procedures and criteria to the Department of Education.

3. If a school district finds that its energy (utilities) costs are greater than the amounts budgeted for the 2001-2003 biennium, the school district may submit a request to the Department of Education for an allocation from the energy (utilities) pool created by subsection 1.

4. The Department of Education, the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau shall jointly review a request submitted pursuant to subsection 3, using the policies, procedures and criteria approved by the Interim Finance Committee pursuant to subsection 2. Upon completion of the review, a recommendation for or against an allocation to the requesting school district must be submitted to the State Board of Examiners.

5. The State Board of Examiners shall consider each request and recommend the amount of the allocation, if any, to the Interim Finance Committee.

6. The Interim Finance Committee is not required to approve the entire recommendation of the allocation pursuant to subsection 5 or to allocate the entire amount appropriated pursuant to subsection 1.

7. The sum appropriated by subsection 1 is available for either fiscal year. Any remaining balance of the sum appropriated by subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the title of the bill to read as follows:

“AN ACT relating to financial administration; making appropriations to the contingency fund to restore and increase the balance in the fund; making appropriations to the interim finance committee to assist state agencies and school districts in paying for certain energy needs; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to contingency fund to restore and increase balance in fund and to Interim Finance Committee to assist state agencies and school districts in paying for certain energy needs. (BDR S‑1514)”.

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. 465.

Bill read third time.

Roll call on Senate Bill No. 465:

Yeas—21.

Nays—None.

Senate Bill No. 465 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senator Neal moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 12:01 p.m.

SENATE IN SESSION

At 12:28 p.m.

President Hunt presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Senator James moved that Assembly Bill No. 448 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator James.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 597.

Bill read third time.

Roll call on Assembly Bill No. 597:

Yeas—21.

Nays—None.

Assembly Bill No. 597 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess until 4 p.m.

Motion carried.

Senate in recess at 12:30 p.m.

SENATE IN SESSION

At 6:48 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 174, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 453, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Taxation, to which was referred Assembly Joint Resolution No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness, Chairman

Madam President:

Your Committee on Transportation, to which was referred Assembly Bill No. 21, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 3, 2001

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 372.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 340, 343.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 56, Amendment No. 1186; Senate Bill No. 137, Amendment No. 1215; Senate Bill No. 143, Amendment No. 1195; Senate Bill No. 421, Amendment No. 1189; Senate Bill No. 491, Amendment No. 1190; Senate Bill No. 496, Amendment No. 1212; Senate Bill No. 576, Amendment No. 1199; Senate Bill No. 577, Amendment No. 1172, 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 concurred in the Senate Amendment No. 1111 to Assembly Bill No. 4; Senate Amendment No. 1175 to Assembly Bill No. 123; Senate Amendment No. 1192 to Assembly Joint Resolution No. 9.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Bache, Gibbons and Lee as a first Conference Committee concerning Assembly Bill No. 219.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 550.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 653 and requests a second conference, and appointed Assemblymen Goldwater, Anderson and Brown as a second Conference Committee to meet with a like committee of the Senate for further consideration of Assembly Bill No. 653.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 340.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 343.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 453.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 1197.

Amend sec. 25, page 9, line 27, after “that” by inserting: “the person charged with the offense:”.

Amend sec. 29, page 11, line 46, after “department” by inserting: “and any designee of the department”.

Amend sec. 29, page 12, line 2, after “department” by inserting: “or its designee”.

Amend sec. 29, page 12, by deleting line 8 and inserting: “The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

2. Notwithstanding the provisions of subsection 1, the department or its designee may release the name and other identifying”.

Amend sec. 29, page 12, line 11, after “department” by inserting: “or its designee”.

Amend the bill as a whole by adding new sections designated sections 30.1 through 30.5, following sec. 30, to read as follows:

“Sec. 30.1. 1. The University of Nevada School of Medicine shall establish a program for the evaluation and research of the medical use of marijuana in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.

2. Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of marijuana for medical purposes.

3. A research program established pursuant to this section must include residents of this state who volunteer to act as participants and subjects, as determined by the School of Medicine.

4. A resident of this state who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the department of administration of the School of Medicine.

5. The School of Medicine shall, on a quarterly basis, report to the interim finance committee with respect to:

(a) The progress made by the School of Medicine in obtaining federal approval for the research program; and

(b) If the research program receives federal approval, the status of, activities of and information received from the research program.

Sec. 30.2. 1. Except as otherwise provided in this section, the University of Nevada School of Medicine shall maintain the confidentiality of and shall not disclose:

(a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in section 30.1 of this act; or

(b) The name or any other identifying information of a person who has applied to or who participates in the research program described in section 30.1 of this act.

The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

2. Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in section 30.1 to:

(a) Authorized employees of the State of Nevada as necessary to perform official duties related to the research program; and

(b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful participant in the research program.

Sec. 30.3. 1. The department of administration of the University of Nevada School of Medicine may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of section 30.1 of this act.

2. Any money the department of administration receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 30.4 of this act.

Sec. 30.4. 1. Any money the department of administration of the University of Nevada School of Medicine receives pursuant to section 30.3 of this act or that is appropriated to carry out the provisions of section 30.1 of this act:

(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 section 30.1 of this act, including the dissemination of information concerning the provisions of that section and such other information as is determined appropriate by the department of administration; and

2. The department of administration of the School of Medicine shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the state are paid.

Sec. 30.5. The department shall vigorously pursue the approval of the Federal Government to establish:

1. A bank or repository of seeds that may be used to grow marijuana by persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.

2. A program pursuant to which the department may produce and deliver marijuana to persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.”.

Amend sec. 37, page 14, line 20, by deleting: “3, 4 and 5” and inserting: “3 [, 4 and 5] and 4”.

Amend sec. 37, page 15, line 17, by deleting “and” and inserting “or”.

Amend sec. 37, page 15, line 20, by deleting “treatment.” and inserting: “treatment and, if the examination reveals that he is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.”.

Amend sec. 37, page 15, line 22, by deleting “and” and inserting “or”.

Amend sec. 37, page 15, by deleting lines 25 through 27 and inserting:

“(c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

(d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.”.

Amend sec. 38, page 15, line 33, after “inclusive,” by inserting: “and sections 2 to 12, inclusive, of Senate Bill No. 397 of this [act]session”.

Amend the bill as a whole by adding a new section designated sec. 48.5, following sec. 48, to read as follows:

“Sec. 48.5. 1. The 72nd session of the Nevada legislature shall review statistics provided by the legislative counsel bureau with respect to:

(a) Whether persons exempt from state prosecution pursuant to section 17 of this act have been subject to federal prosecution for carrying out the activities concerning which they are exempt from state prosecution pursuant to that section;

(b) The number of persons who participate in the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act; and

(c) The number of persons who are arrested and convicted for drug related offenses within the State of Nevada, to enable appropriations for budgets to be established at levels to provide adequate and appropriate drug treatment within this state.

2. If, after conducting the review described in subsection 1, the 72nd session of the Nevada legislature determines that the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act is not in the best interests of the residents of this state, the legislature shall revise those provisions as it deems appropriate.”.

Amend sec. 50, page 21, by deleting lines 25 and 26 and inserting:

“3. Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive, 30.1 to 30.5, inclusive, 31, 31.3, 31.7, 33 to 36, inclusive, 38 to 47, inclusive, 48.5 and 49 of this act”.

Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

“Whereas, Modern medical research, including the report Marijuana and Medicine: Assessing the Science Base that was released by the Institute of Medicine in 1999, indicates that there is a potential therapeutic value of using marijuana for alleviating pain and other symptoms associated with certain chronic or debilitating medical conditions, including, without limitation, cancer, glaucoma, acquired immunodeficiency syndrome, epilepsy and multiple sclerosis; and

Whereas, The State of Nevada has a high incidence of such medical conditions and also has a large and increasing population of senior citizens who may suffer from medical conditions for which the use of marijuana may be useful in managing the pain that results from those conditions; and

Whereas, The people of the State of Nevada recognized the importance of this research and the need to provide the option for those suffering from certain medical conditions to alleviate their pain with the medical use of marijuana, and in the general elections held in 1998 and 2000, voiced their overwhelming support for a constitutional amendment to allow for the medical use of marijuana in this state under certain circumstances; and

Whereas, While the legislature respects the important and difficult decisions the Federal Government faces in exercising the powers delegated to it by the United States Constitution to establish policies and rules that are in the best interest of this nation, the State of Nevada as a sovereign state has the duty to carry out the will of the people of this state and to regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana; and

Whereas, This state should continue to study the benefits of the medical use of marijuana to develop new ways in which the medical use of marijuana may improve the lives of residents of this state who are suffering from chronic or debilitating conditions, and to include in such a study an examination of all established and approved federal protocols; and

Whereas, Many residents of this state have suffered the negative consequences of abuse of and addiction to marijuana, and it is important for the legislature to ensure that the program established for the distribution and medical use of marijuana is designed in such a manner as not to harm the residents of this state by contributing to the general abuse of and addiction to marijuana; and

Whereas, A majority of the men and women in our penal institutions have been convicted of offenses that involve the unlawful use of drugs, many involving marijuana, and there is a need for revising our statutes concerning persons who unlawfully possess smaller quantities of marijuana based on the premise that the rehabilitation of such users is a more appropriate and economical way to prevent recidivism and to address the problems that result from the abuse of marijuana; and

Whereas, The legislature is strongly committed to evaluating the medical use of marijuana and recognizes the importance of its obligation to review the program for the distribution and medical use of marijuana and any related study conducted by the University of Nevada School of Medicine, to determine whether the program and study are effectively addressing the best interests of the people of the State of Nevada; now, therefore,”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Senator James requested that Senator Rawson's remarks be entered in the Journal.

Senator Rawson:

Thank you, Madam President. I need to take a few moments on this, because this is about medical marijuana. A lot of people have asked questions about it, and there needs to be some substantial comments made as we process this extensive issue.

I have had Article 4, Section 38 of the Constitution of the State of Nevada passed out. I will go through some significant parts of it because this is the result of the ballot question that has been passed twice by the people of the State of Nevada. Essentially, the Legislature is instructed through the Constitution to provide a law for the use of the genus cannabis plant, in other words marijuana, essentially, for the treatment or alleviation of cancer, glaucoma or a number of other debilitating diseases by a patient upon the advice of his physician. We were instructed in the Constitution to do that.

It is to be restricted to minors, and only upon the advice of the physician and the approval of a parent. There is to be a protection of the plant and the property related to its use from any forfeiture because of any arrests, unless, it is being used by someone not authorized to use it. The Legislature was directed to create a registry of patients and their attendants who are authorized to use the plant for medical purposes. There is a constitutional authorization of appropriate methods of supply of the plant to patients who are authorized to use it.

There are two notes of two things that the section does not authorize. It does not authorize the use or possession of the plant for a purpose other than medical use. It does not require the reimbursement by an insurer for the medical use of the plant. That is the essence of what is required by the Constitution.

I would like to say that I am a prescribing practitioner. As a dentist, I write prescriptions for controlled substances. I also teach pharmacology. In the history of pharmacology, we find that plants were really the beginning of pharmacy, not just in this country but worldwide. We have examples of some, such as foxglove which was brewed as a tea to strengthen people who were suffering congestive heart failure. It was only after discovering the ingredient, digitalis, that we found there was a legitimate purpose for it and effective in helping people who have congestive heart failure. The pharmacology volumes are filled with medicinal uses of plants, their discovery, elucidation and the prescription laws that have developed around them.

Marijuana is one of those plants that has a medicinal purpose. We haven’t clearly defined what all of the purposes are, and we are hampered in the process because it is a drug that has been involved in illicit use. It has a history related to criminal justice, and because of that, any serious investigation has been soured. Yet, the public and many people, through whatever means, have come to realize there are probably legitimate uses for this plant. It is out of that desire for taking care of the people who have intractable illnesses, serious illnesses, that this issue became a ballot question, and we, now, have to face this issue in the Senate.

Basically, the amendment to Assembly Bill No. 453 does a number of things. First of all it resolves a conflict with Senate Bill No. 397, and it provides a statement of legislative intent. We have gone into some serious drafting efforts to try to develop a preamble that indicates why this is being done and what is intended to be accomplished by it. It specifies that the registry and application information for medical marijuana users is confidential. It is not subject to discovery. It should not be used to arrest a list of individuals or to embarrass a group of individuals or for any other purposes other than serious medical research. It requires the Department of Agriculture to aggressively pursue approval by the federal government for a seed bank and a program to produce and deliver marijuana to eligible persons. We cannot predict what the federal government will do with that, but we will direct them to actively pursue the issue. It requires the University of Nevada School of Medicine to apply to the federal government to establish a research program concerning the medical use of marijuana in the care and treatment of persons with chronic or debilitating medical conditions. The amendment specifies conditions of participation, confidentiality requirements for participants and reporting mechanisms for such a study. Further, the School of Medicine may accept gifts, grants or donations to operate the program.

It revises the penalty section of the bill to provide for fines or treatment for first and second offenses for possession of one ounce or less of marijuana. It specifies that the third offense is a gross misdemeanor. Finally, it adds a fourth and subsequent offense as a category E felony. It requires that the 2003 Legislature review a report with regard to the number of persons participating in the medical use of marijuana and whether any federal prosecution has taken place involving these individuals. The Legislature shall also review the number of those arrested and convicted for drug related offenses to be able to evaluate budgetary considerations for any treatment programs that are recommended.

The amendments were requested to clarify the confidentiality provisions and to provide alternatives that may be acceptable to the federal government through a structured, scientific evaluation of the therapeutic usefulness of medical marijuana in managing pain and alleviating certain medical conditions.

I realize that a lot of this is technical, and it is not up to me to advocate for people to vote one way or another on this issue, but simply, we have been charged to set up these programs. Our Human Resources and Facilities Committee has tried, as conscientiously as we can, to set up what we would consider a bright path to a proper program. Whether or not there will still be any federal prosecutions or whether or not this satisfies everyone’s moral concerns about the issue of marijuana is another issue, probably outside the scope of the committee work. I can recommend it to you that we have given it our best effort. It has been conscientious. There are a lot of hours into it. I will leave it to you.

I might, just historically, say that this isn’t the only occasion that this Legislature has acted on such an issue. In 1979, the medical use of marijuana was passed, specifically, for Keith Hays who was suffering from cancer. As I read through the minutes of those events, Senator Neal was very prominent in his questions and his concerns. I expect that he has watched this historically to see both the enactment of that issue and then the later elimination from our statutes. The reason given at the time was because there was an extract of marijuana produced called Merinol. It was presumed that it would take the place of marijuana, and it would no longer be necessary to have marijuana available. Merinol, it turned out, did not produce the pharmacological affect that people were hoping for in the alleviation of both nausea and wasting disease and a number of other things. Those things seem to be taken care of more fully by this agent in the smoked form. That is one of the reasons we think that an adequate study should be done on this.

I will leave this issue to the rest of you to deal with as you will, but I would recommend the amendment.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 148.

Bill read third time.

Roll call on Senate Bill No. 148:

Yeas—21.

Nays—None.

Senate Bill No. 148 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 458.

Bill read third time.

Remarks by Senator Raggio.

Roll call on Senate Bill No. 458:

Yeas—21.

Nays—None.

Senate Bill No. 458 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 518.

Bill read third time.

Roll call on Senate Bill No. 518:

Yeas—21.

Nays—None.

Senate Bill No. 518 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 21.

Bill read third time.

Roll call on Assembly Bill No. 21:

Yeas—21.

Nays—None.

Assembly Bill No. 21 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 664.

Bill read third time.

Roll call on Assembly Bill No. 664:

Yeas—16.

Nays—Care, Carlton, Coffin, Titus, Wiener—5.

Assembly Bill No. 664 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 8.

Resolution read third time.

Roll call on Assembly Joint Resolution No. 8:

Yeas—18.

Nays—Carlton, Titus, Wiener—3.

Assembly Joint Resolution No. 8 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 481.

The following Assembly amendment was read:

Amendment No. 737.

Amend the bill as a whole by deleting sec. 148.5 and adding:

“Sec. 148.5. (Deleted by amendment.)”.

Amend sec. 193, page 103, line 15, by deleting “the” and inserting “this”.

Amend sec. 193, page 103, line 17, by deleting “bureau” and inserting “health division”.

Amend sec. 193, page 103, by deleting line 19 and inserting: “alcohol and drug abuse programs of the health division;”.

Amend sec. 193, page 103, line 36, by deleting “Such” and inserting “Those”.

Amend sec. 193, page 104, line 4, by deleting “official” and inserting “officer”.

Amend the title of the bill by deleting the third through fifth lines and inserting: “department of public safety;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for reorganization of department of motor vehicles and public safety into two departments. (BDR 43‑1107)”.

Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 481.

Remarks by Senator O'Donnell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 83, consisting of the undersigned members, has met and reports that:

No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

Mark A. James	John Oceguera
Mike McGinness	Greg Brower
Terry Care	Bernie Anderson
Senate Conference Committee	Assembly Conference Committee

Senator James moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 83.

Remarks by Senator James.

Motion carried.

Appointment of Conference Committees

Madam President appointed Senators Rawson, O'Connell and Titus as a second Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 83.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Assembly Bill No. 550, consisting of the undersigned members, has met and reports that:

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

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 9, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by deleting sections 1 through 4 and renumbering sections 5 through 14 as sections 1 through 10.

Amend sec. 6, page 3, by deleting lines 37 through 41 and inserting: “evaluation, observation and treatment [under 433A.150 and may:

(a)] ; and

(2) Transport the allegedly mentally ill person [; or

(b) Arrange] to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:

[(1)] (I) A local law enforcement agency;

[(2)] (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the transportation services authority; or

[(3)] (III) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS . [,

to a public or private mental health facility for that purpose.]”.

Amend sec. 6, pages 3 and 4, by deleting lines 47 and 48 on page 3 and lines 1 through 6 on page 4 and inserting:

“(b) Apply to a district court for an order requiring:

(1) Any peace officer to take an allegedly mentally ill person into custody to allow the applicant for the order to apply for the emergency admission of the allegedly mentally ill person for evaluation, observation and treatment; and

(2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose.”.

Amend sec. 6, page 4, line 22, by deleting: “For the purposes of” and inserting: “As used in”.

Amend sec. 6, page 4, line 35, by deleting “Make application” and inserting “Apply”.

Amend the bill as a whole by deleting sec. 15 and renumbering sec. 16 as sec. 11.

Amend the bill as a whole by deleting sections 17 and 18, renumbering sections 19 and 20 as sections 12 and 13 and adding a new section designated sec. 14, following sec. 20, to read as follows:

“Sec. 14. 1. This section and sections 1 and 3 to 13, inclusive, of this act become effective on October 1, 2001.

2. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

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

“AN ACT relating to health; making various changes to procedures for”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises procedures for detention and civil commitment of mentally ill persons and revises provisions governing rights of patients of health care facilities. (BDR 39‑1479)”.

Mark Amodei	Bernie Anderson
Valerie Wiener	Barbara E. Buckley
Maurice E. Washington	John C. Carpenter
Senate Conference Committee	Assembly Conference Committee

Senator Amodei moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 550.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Transportation, to which was referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William R. O'Donnell, Chairman

SECOND READING AND AMENDMENT

Assembly Bill No. 460.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 1234.

Amend the bill as a whole by renumbering sections 1 and 2 as sections 10 and 11 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:

“Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “committee” means the legislative committee on transportation.

Sec. 3. 1. There is hereby created a legislative committee on transportation. The committee consists of:

(a) Four members appointed by the majority leader of the senate, at least two of whom must have served on the senate standing committee which had jurisdiction of issues relating to transportation during the immediately preceding session of the legislature.

(b) Four members appointed by the speaker of the assembly, at least two of whom must have served on the assembly standing committee which had jurisdiction of issues relating to transportation during the immediately preceding session of the legislature.

2. The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.

3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.

4. Vacancies on the committee must be filled in the same manner as the original appointments.

Sec. 4. 1. The members of the committee shall meet at least quarterly and at the times and places specified by a call of the chairman. The director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. Five members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.

2. Except during a regular or special session of the legislature, the members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses of the members of the committee and any other expenses incurred by the committee in carrying out its duties must be paid from the state general fund from the money received from short-term lessors pursuant to NRS 482.313, except that the maximum amount that may be paid each fiscal year pursuant to this subsection must not exceed $25,000. All claims pursuant to this subsection must be paid as other claims against the state are paid.

Sec. 5. The committee may:

1. Evaluate, review and comment upon issues related to transportation within this state.

2. Monitor the money deposited in, and any expenditures made from:

(a) The state highway fund; and

(b) The state general fund or any other fund, to the extent that the money deposited in the funds or expenditures made from the funds, or both, are related to transportation.

3. Consult with and make recommendations to the board of directors of the department of transportation on matters concerning transportation within this state.

4. Conduct investigations and hold hearings in connection with carrying out its duties pursuant to this section.

5. Direct the legislative counsel bureau to assist in its research, investigations, hearings and reviews.

6. Recommend to the legislature as a result of the activities of the committee any appropriate state legislation or corrective federal legislation.

Sec. 6. Each witness who appears before the committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the chairman of the committee.

Sec. 7. 1. If the committee conducts investigations or holds hearings pursuant to subsection 4 of section 5 of this act:

(a) The secretary of the committee or, in his absence, a member designated by the committee may administer oaths.

(b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside this state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

(c) The chairman of the committee, upon recommendation of a majority of the members of the committee, may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

2. If a witness refuses to attend or testify or produce books or papers as required by the subpoena, the chairman of the committee may report to the district court by a petition which sets forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books or papers;

(b) The witness has been subpoenaed by the committee pursuant to this section; and

(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the committee, or has refused to answer questions propounded to him.

The petition may request an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.

3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the committee. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena was regularly issued by the chairman of the committee, upon recommendation of a majority of the members of the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

Sec. 8. NRS 408.100 is hereby amended to read as follows:

408.100 Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:

1. An integrated system of state highways and roads is essential to the general welfare of the state.

2. Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.

3. Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.

4. In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads of this state, for present as well as for future use.

5. To this end, it is the express intent of the legislature to make the board [of directors of the department of transportation] , in consultation with the legislative committee on transportation created pursuant to section 3 of this act, custodian of the state highways and roads and to provide sufficiently broad authority to enable the board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.

6. The legislature intends:

(a) To declare, in general terms, the powers and duties of the board , [of directors,] leaving specific details to be determined by reasonable regulations and declarations of policy which the board may promulgate.

(b) By general grant of authority to the board [of directors] to delegate sufficient power and authority to enable the board to carry out , in consultation with the legislative committee on transportation created pursuant to section 3 of this act, the broad objectives contained in this chapter.

7. The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.

8. The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.

9. The words “construction,” “maintenance” and “administration” used in section 5 of Article 9 of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

Sec. 9. NRS 408.203 is hereby amended to read as follows:

408.203 The director shall:

1. Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the department, and submit it to the legislative committee on transportation created pursuant to section 3 of this act and to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.

2. Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next 3 years, including anticipated revenues and expenditures of the department, no later than October 1 of each even-numbered year, and submit it to the legislative committee on transportation created pursuant to section 3 of this act and to the director of the legislative counsel bureau for transmittal to the chairmen of the senate and assembly standing committees on transportation.

3. Report to the legislature by February 1 of odd-numbered years the progress being made in the department’s 12-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 fiscal years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.”.

Amend section 1, page 1, line 3, by deleting “shall” and inserting: “[shall]:

(a) Shall”.

Amend section 1, page 1, by deleting line 6 and inserting:“governmental entity.

(b) May charge and collect from the short-term lessee a fee of 3.5 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.

The amount of [the] any fee charged pursuant to this subsection must be indicated in the lease agreement.”.

Amend section 1, pages 1 and 2, by deleting lines 20 and 21 on page 1 and lines 1 through 13 on page 2, and inserting:

“(b) Remit to the department of taxation [:

(1) One third of] the fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding [year pursuant to this section; and

(2) Of the remainder of those fees, any amount in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.]calendar quarter.”.

Amend section 1, page 2, line 14, by deleting “4.” and inserting “3.”.

Amend section 1, page 2, line 17, by deleting “[4.] 5.” and inserting “4.”.

Amend section 1, page 2, line 19, by deleting “[5.] 6.” and inserting “5.”.

Amend section 1, page 2, line 21, by deleting “[6.] 7.” and inserting “6.”.

Amend section 1, page 2, line 25, by deleting “[7.] 8.” and inserting “7.”.

Amend sec. 2, page 2, line 31, by deleting “1” and inserting “10”.

Amend the bill as a whole by deleting sec. 3 and adding new sections designated sections 12 and 13, following sec. 2, to read as follows:

“Sec. 12. The legislative committee on transportation created pursuant to section 3 of this act shall:

1. Monitor and evaluate the effects of the amendatory provisions of section 10 of this act; and

2. On or before January 31 of each odd-numbered year, submit a report of its evaluation to the director of the legislative counsel bureau for transmittal to the next regular session of the legislature.

Sec. 13. 1. This section and sections 1 to 9, inclusive, of this act become effective on July 1, 2001.

2. Sections 10, 11 and 12 of this act become effective on January 1, 2002.”.

Amend the title of the bill to read as follows:

“AN ACT relating to transportation; creating the legislative committee on transportation; prescribing the membership, powers and duties of the committee; revising certain provisions concerning the board of directors of the department of transportation; revising provisions governing the remittance of fees by short-term lessors of passenger cars to the department of taxation; authorizing short-term lessors of passenger cars to charge a fee as reimbursement for payment of vehicle licensing fees and taxes; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Creates legislative committee on transportation and revises provisions governing fees collected by short-term lessors of passenger cars. (BDR 17‑589)”.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senators O'Donnell and Carlton.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 174.

Bill read third time.

Roll call on Assembly Bill No. 174:

Yeas—21.

Nays—None.

Assembly Bill No. 174 having received a two-thirds majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 453.

Bill read third time.

Remarks by Senators Care and Rawson.

Senator Care requested that the following remarks be entered in the Journal.

Senator Care:

Thank you, Madam President. This is an interesting dilemma. We have a ballot question, we know the will of the people was expressed twice, overwhelmingly, as I recall. We have a bill in the United States Supreme Court decision, and we have an opinion from the Legislative Counsel Bureau (LCB) discussing, as I understand it, the interplay between the case of the Oakland cannabis buyers and the argument about the medical necessity exception which does not exist in federal law. I heard the Chairman discussing earlier that there is no guarantee how the feds will react to this, and I’m really intrigued by this as an attorney. I do not want to thwart the will of the people; on the other hand, I am in no position to speculate how this read with the Supreme Court decision. I’m just wondering because LCB did issue an opinion. I have asked for it, but there has not been time to get it to my desk. I am wondering if the Chairman has any additional comments or notes or statements from LCB regarding how this bill plays with the recent Supreme Court decision.

Senator Rawson:

Thank you, Madam President. We discussed this extensively. All through any work on this, I told LCB I wanted to draft not only something they would say was legal but would have the best chance to be able to withstand the challenge. They cannot predict everything that will happen down the road, but Brenda Erdoes indicated to our subcommittee that she thought that this bill, as amended, would meet the challenge of being legal, and that it had a reasonable chance to be able to withstand any case. From there, it would be a matter of the arguments and the aggressiveness and what the specific situation was as to what any particular court would really find. Brenda is right here. She may be able to address this, and she does have a specific written opinion on it. It is well written and well reasoned.

Senator Care:

Thank you, Madam President. For the record, if the Chairman does not mind, I would like to take a moment, and jump to the last paragraph of the opinion. This is what we do in the practice of law, we look to see what the courts order is in the last paragraph. I am going to read the conclusion. I would do it without even having read it beforehand. It simply says:

In summary it is the opinion of this office that the decision of the Supreme Court in Oakland cannabis is a decision of limited scope. It addresses only one issue whether the defense of medical necessity may be raised in opposition to charges of the violation of federal Controlled Substances Act. In that decision the Supreme Court did not consider, nor did it decide, the propriety or legality of the decision of a state to exempt certain persons from prosecution under the state’s drug laws for the medical use of marijuana. It is the further opinion of this office that Oakland cannabis has no effect on Senate Bill No. 545 because Senate Bill No. 545 proposes only to authorize certain research programs that are authorized in accordance with an exception to the Controlled Substance Act. Finally, it is the opinion of this office that the effect of Oakland cannabis on Assembly Bill No. 453 is only the persons, who would be exempt from state prosecution pursuant to the provisions of that bill, may not, if prosecuted by federal government pursuant to the Controlled Substances Act, be able to assert a defense of medical necessity. The decision does not otherwise call in to question the validity of or legality of Assembly Bill No. 453. That is the conclusion of the opinion. I received.

Roll call on Assembly Bill No. 453:

Yeas—15.

Nays—Jacobsen, O'Connell, O'Donnell, Porter, Raggio, Washington—6.

Assembly Bill No. 453 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Recede From Senate Amendments

Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 271, 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 Rawson.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Amodei, Townsend and Mathews as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 271.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 49, consisting of the undersigned members, has met and reports that:

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

Terry Care	Barbara E. Buckley
Mike McGinness	John C. Carpenter
Jon C. Porter	Ellen M. Koivisto
Senate Conference Committee	Assembly Conference Committee

Senator Care moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 49.

Remarks by Senator Care.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 99, consisting of the undersigned members, has met and reports that:

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

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 11, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 1.5, page 2, line 9, by deleting “If” and inserting: “[If] Except as otherwise provided in this section, if”.

Amend sec. 1.5, page 2, by deleting lines 39 through 41 and inserting:

“6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the administrator.”.

Amend sec. 3, page 3, line 13, by deleting “If” and inserting: “[If] Except as otherwise provided in this section, if”.

Amend sec. 3, page 3, by deleting lines 43 through 45 and inserting:

Amend sec. 5, page 4, line 18, by deleting “If” and inserting: “[If] Except as otherwise provided in this section, if”.

Amend sec. 5, page 4, by deleting lines 47 through 49 and inserting:

Amend sec. 7, page 5, line 24, by deleting “If” and inserting: “[If] Except as otherwise provided in this section, if”.

Amend sec. 7, page 6, by deleting lines 5 through 7 and inserting:

Amend sec. 10, page 6, line 35, by deleting “If” and inserting: “[If] Except as otherwise provided in this section, if”.

Amend sec. 10, page 7, by deleting lines 17 through 19 and inserting:

Amend sec. 15, page 9, line 13, by deleting “If” and inserting: “[If] Except as otherwise provided in this section, if”.

Amend sec. 15, page 9, by deleting lines 46 through 48 and inserting:

Amend sec. 18, page 10, line 24, by deleting “If” and inserting: “Except as otherwise provided in this section, if”.

Amend sec. 18, page 11, by deleting lines 23 through 25 and inserting:

Amend sec. 22, page 13, line 12, by deleting “An” and inserting: “[An] Except as otherwise provided in this subsection, an”.

Amend sec. 22, page 13, line 16, by deleting “employment;” and inserting: “employment [;] :

(1) In this state; or

(2) While on temporary assignment outside the state for a period of not more than 12 months;”.

Amend sec. 22, page 13, between lines 20 and 21, by inserting: “An employee who suffers an accident or injury while on temporary assignment outside the state is not eligible to receive compensation from the uninsured employers’ claim fund unless he has been denied workers’ compensation in the state in which the accident or injury occurred.”.

Amend sec. 23, page 15, line 4, by deleting “An” and inserting: “[An] Except as otherwise provided in this subsection, an”.

Amend sec. 23, page 15, line 8, by deleting “employment;” and inserting: “employment:

(1) In this state; or

(2) While on temporary assignment outside the state for a period of not more than 12 months;”.

Amend sec. 23, page 15, between lines 11 and 12, by inserting: “An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the state is not entitled to receive compensation from the uninsured employers’ claim fund unless he has been denied workers’ compensation in the state in which the disease was contracted.”.

Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:

“Sec. 23.5. Section 10 of Assembly Bill No. 338 of this session is hereby amended to read as follows:

Sec. 10. NRS 616C.135 is hereby amended to read as follows:

616C.135 1. A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employee’s industrial injury or occupational disease.

2. The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:

(a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and

(b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.

3. A provider of health care may accept payment from an injured employee who is paying in protest pursuant to section 5 of this act for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.

4. If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the administrator shall impose an administrative fine of not more than $250 for each violation.”.

Amend the title of the bill, ninth line, by deleting “fund;” and inserting: “fund under certain circumstances;”.

Ann O'Connell	Sheila Leslie
Mark Amodei	Morse Arberry Jr.
Maggie Carlton	Lynn C. Hettrick
Senate Conference Committee	Assembly Conference Committee

Senator O'Connell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 99.

Remarks by Senators O'Connell and Neal.

Conflict of interest declared by Senator Raggio.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 377, consisting of the undersigned members, has met and reports that:

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

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 6, which is attached to and hereby made a part of this report.

Conference Amendment:

Amend section 1, page 2, by deleting lines 6 through 9 and inserting:

“(2) Paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer:

(I) An amount equal to 75 percent of the total amount distributed to that hospital pursuant to that paragraph for a fiscal year, less $75,000; or

(II) Any maximum amount established by the legislature for a fiscal year,

whichever is less, to the division of health care financing and policy.”.

Amend sec. 3, page 3, by deleting lines 23 through 29 and inserting:

“(c) For a payment to each private hospital whose Medicaid utilization percentage is greater than the average for all the hospitals in this state and which is located in a county that has a public hospital, in an amount equal to:

(1) If the Medicaid utilization percentage of the hospital is greater than 20 percent, $200 for each uncompensated day incurred by the hospital; and

(2) If the Medicaid utilization percentage of the hospital is 20 percent or less, $100 for each uncompensated day incurred by the hospital.”.

Amend sec. 3, page 3, by deleting lines 45 through 47.

Amend sec. 3, page 3, line 48, by deleting “(b)” and inserting “(a)”.

Amend sec. 3, page 4, between lines 2 and 3, by inserting:

“(b) “Uncompensated day” means a day in which medical care is provided to an inpatient for which a hospital receives:

(1) Not more than 25 percent of the cost of providing that care from the patient; and

(2) No compensation for the cost of providing that care from any other person or any governmental program.”.

Amend the bill as a whole by renumbering sections 5 through 8 as sections 6 through 9 and adding a new section designated sec. 5, following sec. 4, to read as follows:

“Sec. 5. The maximum amount a county is required to transfer to the division of health care financing and policy of the department of human resources pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 422.382 for:

1. The fiscal year 2001-2002 is $900,000; and

2. The fiscal year 2002-2003 is $950,000.”.

Amend sec. 5, page 5, by deleting lines 10 and 11 and inserting: “subsection 1 of NRS 422.382 may impose a tax on the revenue of those hospitals during the fiscal years”.

Amend sec. 5, page 5, by deleting line 13 and inserting: “revenue, to pay for indigent care.”.

Mark Amodei
Maurice E. Washington	Kathy McLain
Valerie Wiener	Dawn Gibbons
Senate Conference Committee	Assembly Conference Committee

Senator Amodei moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 377.

Remarks by Senator Amodei.

Conflict of interest declared by Senator Titus.

Motion carried by a two-thirds majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 399, consisting of the undersigned members, has met and reports that:

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

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 10, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by deleting sections 1 through 53 and the text of repealed section and adding new sections designated sections 1 through 75 and the text of repealed section, following the enacting clause, to read as follows:

“Section 1. NRS 385.347 is hereby amended to read as follows:

385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of a school district shall report the information required by subsection 2 for each charter school within the school district, regardless of the sponsor of the charter school.

2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:

(a) The educational goals and objectives of the school district.

(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

(1) The number of pupils who took the examinations;

(2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and

(3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.

(d) The percentage of classes taught by teachers who have been assigned to teach English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(f) The curriculum used by the school district, including:

(1) Any special programs for pupils at an individual school; and

(2) The curriculum used by each charter school in the district.

(g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

(1) Provide proof to the school district of successful completion of the examinations of general educational development.

(2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another school.

(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

(1) Communication with the parents of pupils in the district; and

(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

(n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

(q) Each source of funding for the school district.

(r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

(t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

(w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

(x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

(y) Such other information as is directed by the superintendent of public instruction.

3. The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

4. The superintendent of public instruction shall:

(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School Administrators;

(4) Nevada Parent Teachers Association;

(5) Budget division of the department of administration; and

(6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

5. The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

6. On or before April 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

Sec. 2. NRS 385.363 is hereby amended to read as follows:

385.363 1. The department shall, on or before April 1 of each year:

[1.] (a) Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and

[2.] (b) Except as otherwise provided in subsection [3] 2 and NRS 385.364, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:

[(a)] (1) Demonstrating exemplary achievement;

[(b)] (2) Demonstrating high achievement;

[(c)] (3) Demonstrating adequate achievement; or

[(d)] (4) Demonstrating need for improvement.

[3.] 2. The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:

(a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;

(b) Serves only pupils with disabilities;

(c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school [;] , including, without limitation, a program of distance education for pupils at risk of dropping out of high school provided pursuant to sections 35 to 49, inclusive, of this act; or

(d) Is operated within a:

(1) Youth training center;

(2) Youth center;

(3) Juvenile forestry camp;

(4) Detention home;

(5) Youth camp;

(6) Juvenile correctional institution; or

(7) Correctional institution.

Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 10, inclusive, of this act.

Sec. 4. The provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act do not authorize an existing public school, home school or other program of home study to convert to a charter school.

Sec. 5. A charter school shall not operate for profit.

Sec. 6. 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. 7. 1. 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 school diploma which clearly indicates that it is a diploma issued by a charter school. If a charter school requires its pupils to satisfy requirements for graduation from high school that meet or exceed the requirements of the school district in which the charter school is located, the charter school may issue a high school diploma of the school district or a high school diploma of the charter school.

2. A charter school shall submit the form for a diploma of the charter school to the department for approval if the form differs from the form of the school district in which the charter school is located.

3. 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. 8. 1. The fund for charter schools is hereby created in the state treasury as a revolving loan fund, to be administered by the department.

2. The money in the revolving fund must be invested as other state funds are invested. All interest and income earned on the money in the revolving fund must be credited to the revolving fund. Any money remaining in the revolving fund at the end of a fiscal year does not revert to the state general fund, and the balance in the fund must be carried forward.

3. All payments of principal and interest on all the loans made to a charter school from the revolving fund must be deposited in the state treasury for credit to the revolving fund.

4. Claims against the revolving fund must be paid as other claims against the state are paid.

5. The department may accept gifts, grants, bequests and donations from any source for deposit in the revolving fund.

Sec. 9. 1. After deducting the costs directly related to administering the fund for charter schools, the department may use the money in the fund for charter schools, including repayments of principal and interest on loans made from the fund, and interest and income earned on money in the fund, only to make loans at or below market rate to charter schools for the costs incurred:

(a) In preparing a charter school to commence its first year of operation; and

(b) To improve a charter school that has been in operation.

2. The total amount of a loan that may be made to a charter school in 1 year must not exceed $25,000.

Sec. 10. 1. If the governing body of a charter school has a written charter issued pursuant to NRS 386.527, the governing body may submit an application to the department for a loan from the fund for charter schools. An application must include a written description of the manner in which the loan will be used to prepare the charter school for its first year of operation or to improve a charter school that has been in operation.

2. The department shall, within the limits of money available for use in the fund, make loans to charter schools whose applications have been approved. If the department makes a loan from the fund, the department shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.

3. The state board:

(a) Shall adopt regulations that prescribe the:

(1) Annual deadline for submission of an application to the department by a charter school that desires to receive a loan from the fund; and

(2) Period for repayment and the rate of interest for loans made from the fund.

(b) May adopt such other regulations as it deems necessary to carry out the provisions of this section and sections 8 and 9 of this act.

Sec. 11. NRS 386.500 is hereby amended to read as follows:

386.500 For the purposes of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, 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. 12. 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;] , home school or other program of home study to a charter school.

2. A means for providing financial assistance for private schools or programs of home study . [; or] The provisions of this subsection do not preclude a private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act.

3. The formation of charter schools on the basis of a single race, religion or ethnicity.

Sec. 13. NRS 386.515 is hereby amended to read as follows:

386.515 1. The board of trustees of a school district may apply to the department for authorization to sponsor charter schools within the school district. An application must be approved by the department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

2. The state board shall sponsor charter schools whose applications have been approved by the state board pursuant to NRS 386.525.

Sec. 14. NRS 386.520 is hereby amended to read as follows:

386.520 1. A committee to form a charter school must consist of at least three teachers, as defined in [NRS 391.311, alone or in combination with:

(a) Ten or more members] 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;

(d)] nonprofit organizations and businesses; or

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, the subcommittee on charter schools or the state board, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:

(a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 4 to 10, 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.

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

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

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

(g) The proposed curriculum for the charter school [.] and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

(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.

(o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

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, 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 at least 2 years of experience as an employed teacher.

The term does not include a person who is employed as a substitute teacher.

Sec. 15. NRS 386.525 is hereby amended to read as follows:

386.525 1. Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. If applicable, a committee may submit an application directly to the subcommittee on charter schools pursuant to subsection 4. If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at [its next] a regularly scheduled meeting [, but] that must be held not later than [14] 30 days after the receipt of the application, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees , the subcommittee on charter schools or the state board, as applicable, shall review [the] an application to determine whether the application:

(a) Complies with NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act and the regulations applicable to charter schools; and

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

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

3. 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. If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the state board to thesubcommittee on charter schools created pursuant to NRS 386.507 [,] not more than 30 days after receipt of the written notice of denial . [, to direct the board of trustees to reconsider the application. The subcommittee shall consider requests for reconsideration in the order in which they are received.] If an applicant proposes to form a charter school exclusively for the enrollment of pupils who receive special education pursuant to NRS 388.440 to 388.520, inclusive, the applicant may submit the written request and application directly to the subcommittee without first seeking approval from the board of trustees of a school district. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

5. If the subcommittee receives [such a request,] a request pursuant to subsection 4, it shall hold a meeting to considerthe request [at its next regularly scheduled meeting and ensure that notice] and the application. The meeting must be held not later than 30 days after receipt of the application. Notice of the meeting [is] must be posted in accordance with chapter 241 of NRS. [Not more than 30 days after the meeting, the subcommittee shall provide written notice of its determination to the applicant and to the board of trustees. If the subcommittee denies the request for reconsideration, the applicant may, not more than 30 days after the receipt of the written notice from the subcommittee, appeal the determination to the district court of the county in which the proposed charter school will be located.

5. If the subcommittee on charter schools grants a request to direct reconsideration, the written notice to the board of trustees of the school district that denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the subcommittee directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the subcommittee, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees] The subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The subcommittee shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

6. The subcommittee shall transmit the application and the recommendation of the subcommittee for approval or denial of the application to the state board. Not more than 14 days after the date of the meeting of the subcommittee pursuant to subsection 5, the state board shall hold a meeting to consider the recommendation of the subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The state board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The state board shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant.

7. If the state board denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the [board of trustees,] state board, appeal the final determination to the district court of the county in which the proposed charter school will be located.

Sec. 16. NRS 386.527 is hereby amended to read as follows:

386.527 1. [Except as otherwise provided in subsection 3, if] If the state board or the boardof trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The state board or the board of trustees , as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the department of the approval and the date of the approval. [The] If the board of trustees [that] approves the application , the board of trustees shall be deemed the sponsor of the charter school. [A] If the state board approves the application:

(a) The state board shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the state board nor the department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

2. Except as otherwise provided in subsection 4, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to ~~[(n),]~~ (o), inclusive, of subsection 2 of NRS 386.520 ~~[.]~~ and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the state board is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

[2.] 3. The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.

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

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

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

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

4. A conditional charter expires 1 year after its issuance and is nonrenewable. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school. Before the expiration of a conditional charter, the holder of the conditional charter may submit a supplemental application and request the board of trustees that granted the conditional charter to determine whether the holder is eligible for the issuance of a charter pursuant to subsection 1. The board of trustees shall consider such a request as soon as is practicable.] If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the charter school must submit a new application to form a charter school.

4. The state board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

(a) Period for which such a written charter is valid; and

(b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

5. The holder of a written charter that is issued pursuant to subsection 4 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the state board pursuant to subsection 4 have been satisfied and that the facility 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 in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

(a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

(b) Charter school,

whichever date the sponsor selects. The sponsor 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. 17. NRS 386.540 is hereby amended to read as follows:

386.540 1. The department shall adopt regulations that prescribe:

(a) The process for submission of an application by the board of trustees of a school district to the department for authorization to sponsor charter schools and the contents of the application;

(b) The process for submission of an application to form a charter school to the department [and to] , the board of trustees of a school district [,] and the subcommittee on charter schools, and the contents of the application;

(d) The criteria and type of investigation that must be applied by the board of trustees , the subcommittee on charter schools and the state board in determining whether to approve an application to form a charter school or an application to renew a written charter.

2. The department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act, including, without limitation, regulations that prescribe the procedures for accounting, budgeting and annual audits of charter schools.

Sec. 18. 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 three teachers, as defined in [NRS 391.311,] subsection 4, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses. A majority of the members of the governing body must reside in this state. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change. A person may serve on the governing body only if he submits an affidavit to the department indicating that the person has not been convicted of a felony or any offense involving moral turpitude.

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

3. 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.

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 at least 2 years of experience as an employed teacher.

The term does not include a person who is employed as a substitute teacher.

Sec. 19. 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] study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This [subsection] 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) If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at the charter school, comply with NRS 392.040 regarding the ages for enrollment in those grades.

(k) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

[11.] (l) 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.] (m) 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.] (n) 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.

(o) If the charter school provides a program of distance education pursuant to sections 35 to 49, 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 through a program of distance education to children who are exempt from compulsory attendance 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 37 of this act.

Sec. 20. NRS 386.560 is hereby amended to read as follows:

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

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

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

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

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

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

If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to sections 35 to 49, inclusive, of this act. Such a pupil must comply with section 45 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. 21. 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. If a charter school receives special education program units directly from this state, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this state for that purpose.

2. All money received by the charter school from this state or from the board of trustees of a school district must be deposited in a bank, credit union or other financial institution in this state. 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. Upon completion of a school year, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school year if the sponsor provided administrative services during that school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district, if the board of trustees sponsors the charter school, or to the department if the state board sponsors the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. The amount of reimbursement that a charter school may be required to pay pursuant to this subsection must not exceed:

(a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

(b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

4. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection [2] 5of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

[4.] 5. If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

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

[5.] The state board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this state for the provision of educational programs and services to such pupils.

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

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

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

2. Except as otherwise provided in subsection [4,] 6, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

(a) Race;

(b) Gender;

(d) Ethnicity; or

(e) Disability,

of a pupil.

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

4. Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or who receives instruction at home, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:

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

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

If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to sections 35 to 49, inclusive, of this act.

5. The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 4 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

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

(a) With disabilities;

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

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

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

386.590 1. 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.

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

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

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

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

(a) A degree, 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 format 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. 24. NRS 386.595 is hereby amended to read as follows:

386.595 1. All employees of a charter school shall be deemed public employees.

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

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

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

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

~~(c) Number of hours that a teacher may work in 1 day;~~

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

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

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

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

~~4. All employees of a charter school shall be deemed public employees.~~

5. The] who are on a leave of absence from the school district pursuant to subsection 5, including, without limitation, any provisions relating to representation by the employee organization that is a party to the collective bargaining agreement of the school district in a grievance proceeding or other dispute arising out of the agreement. The provisions of the collective bargaining agreement apply to each employee for the first 3 years that he is on a leave of absence from the school district. After the first 3 years that the employee is on a leave of absence:

(a) If he is subsequently reassigned by the school district pursuant to subsection 5, he is covered by the collective bargaining agreement of the school district.

(b) If he continues his employment with the charter school, he is covered by the collective bargaining agreement of the charter school, if applicable.

3. Except as otherwise provided in subsection 2, 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] a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

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

5. 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.] 6. 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.] 7. 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.] 8. 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.] 9. 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.] 10. If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

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

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

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

386.605 1. On or before January 1of each year, the governing body of each charter school shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees of the school district in which the charter school is located, regardless of the sponsor of the charter school, for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

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

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

(a) Separate written report summarizing the effectiveness of the charter school’s program of accountability. The report must include:

(1) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based;

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

(3) A summary of the efforts that the governing body has made or intends to make to ensure that the teachers and other educational personnel employed by the governing body receive training and other professional development in:

(I) The standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520;

(II) The assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils; and

(III) Specific content areas to enable the teachers and other educational personnel to provide a higher level of instruction in their respective fields of teaching.

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

4. On or before June 15 of each year, the governing body of each charter school shall submit copies of the written report and written procedure required pursuant to subsection 3to the:

(a) Governor;

(b) State board;

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

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

(f) Board of trustees of the school district in which the charter school is located.

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

6. The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to subsection 3 is included with the final budget of the charter school adopted by the governing body of the charter school pursuant to the regulations of the department.

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

Sec. 26. NRS 386.610 is hereby amended to read as follows:

386.610 1. On or before July 1 of each year, if the board of trustees of a school district [that] sponsors a charter school , the board of trustees shall submit a written report to the state board. The written report must include an evaluation of the progress of each charter school sponsored by the board of trustees in achieving its educational goals and objectives.

2. The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the [board of trustees of the school district that is the] sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the department, the [board of trustees] sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

Sec. 27. NRS 386.650 is hereby amended to read as follows:

386.650 1. The department shall establish and maintain a statewide automated system of information concerning pupils. The system must be designed to improve the ability of the department, school districts and the public schools in this state , including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools[.] , including, without limitation, charter schools.

2. The board of trustees of each school district shall:

(a) Adopt and maintain the program for the collection, maintenance and transfer of data from the records of individual pupils to the statewide automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

(b) Provide to the department electronic data concerning pupils as required by the superintendent of public instruction pursuant to subsection 3; and

3. The superintendent of public instruction shall:

(a) Prescribe the data to be collected and reported to the department by each school district pursuant to subsection 2[;] , including, without limitation, data relating to each charter school located within a school district regardless of the sponsor of the charter school;

(b) Prescribe the format for the data;

(d) Prescribe the date by which each charter school located within a school district shall report the data to the school district for incorporation into the report of the school district, regardless of the sponsor of the charter school;

(e) Provide technical assistance to each school district to ensure that the data from each public school in the school district , including, without limitation, each charter school located within the school district, is compatible with the statewide automated system of information and comparable to the data reported by other school districts; and

[(e)] (f) Provide for the analysis and reporting of the data in the statewide automated system of information.

Sec. 28. NRS 386.655 is hereby amended to read as follows:

386.655 1. The department, the school districts and the public schools , including, without limitation, charter schools, shall, in operating the statewide automated system of information established pursuant to NRS 386.650, comply with the provisions of:

(a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

(b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school , including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

3. In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the school district in which the charter school is located such information as is necessary for the school district to carry out the provisions of this subsection, regardless of the sponsor of the charter school.

4. The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

5. As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

Sec. 29. 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 44 or 45 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)] and pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.580.

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

[(g)] (h) Pupils who are 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.

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 35 to 49, inclusive, of this act.

Sec. 30. 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 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 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 , subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

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

2. If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year 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 either or both of the immediately preceding 2 school years, the largest number must be used from among the 3 years 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. 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.

Sec. 31. NRS 387.124 is hereby amended to read as follows:

387.124 Except as otherwise provided in this section and NRS 387.528:

1. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall [, except as otherwise provided in subsections 2 and 3,] apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school [.] and all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. [The] If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by section 44 of this act, 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.

2. Except as otherwise provided in subsection 3, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides [.] minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

[2.] 3. Except as otherwise provided in this subsection, the apportionment to a charter school that is sponsored by the state board, computed on a yearly basis, is equal to:

(a) The sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupils resides; or

(b) The statewide average per pupil amount for pupils who are enrolled full time,

whichever is greater. If the calculation set forth in paragraph (a) is less than the calculation pursuant to paragraph (b), the school district in which the charter school is located shall pay the difference directly to the charter school. If a charter school provides a program of distance education pursuant to sections 35 to 49, inclusive, of this act, the apportionment to the charter school for pupils who are enrolled in the program of distance education must be calculated as set forth in subsection 2 or 4, as applicable.

4. In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to section 44 or 45 of this act, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

5. 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.] 6. 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. 32. 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. 33. 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] 5of 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. 34. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 49, inclusive, of this act.

Sec. 35. As used in sections 35 to 49, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 36, 37 and 38 of this act have the meanings ascribed to them in those sections.

Sec. 36. “Course of distance education” means a course of study that uses distance education as its primary mechanism for delivery of instruction.

Sec. 37. “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. 38. “Program of distance education” means a program comprised of one or more courses of distance education that is designed for pupils who:

1. Are participating in a program for pupils who are at risk of dropping out of high school pursuant to NRS 388.537.

2. Are participating in a program of independent study pursuant to NRS 389.155.

3. Are enrolled in a public school that does not offer advanced or specialized courses.

4. Have a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050.

5. Are excused from compulsory attendance pursuant to NRS 392.070 and are authorized to enroll in a program of distance education pursuant to that section.

6. Would otherwise be excused from compulsory attendance pursuant to NRS 392.080.

7. Are otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675.

8. Are otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that special circumstances warrant enrollment for the pupil.

9. Are otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that special circumstances warrant enrollment for the pupil.

Sec. 39. 1. The department shall prepare and publish a list of courses of distance education that satisfy the requirements of sections 35 to 49, inclusive, of this act, and all other applicable statutes and regulations. If an application to provide a program of distance education is approved pursuant to section 40 of this act, the department shall automatically include on the list each course of study included within that program if the course of study had not been approved pursuant to this section before submission of the application to provide the program.

2. A person or entity that has developed a course of distance education, including, without limitation, a vendor of a course of distance education, the University and Community College System of Nevada or other postsecondary educational institution, a board of trustees of a school district or a governing body of a charter school, may submit an application for inclusion of the course on the list prepared by the department. The department shall approve an application if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations. The department shall provide written notice to the applicant of its approval or denial of the application.

3. If the department denies an application, the department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations.

Sec. 40. 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 applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the department pursuant to section 39 of this act or a program that is comprised of one or more courses of distance education which have not been reviewed by the department before submission of the application.

3. An application to provide a program of distance education must include:

(a) All the information prescribed by the state board by regulation.

(b) Except as otherwise provided in this paragraph, proof satisfactory to the department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the department pursuant to section 39 of this act before submission of the application.

4. The department shall approve an application submitted pursuant to this section if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations. The department shall provide written notice to the applicant of the department’s approval or denial of the application.

5. If the department denies an application, the department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of sections 35 to 49, inclusive, of this act and all other applicable statutes and regulations.

Sec. 41. 1. A program of distance education may include, without limitation, an opportunity for pupils to participate in the program:

(a) For a shorter school day or a longer school day than that regularly provided for in the school district or charter school, as applicable; and

(b) During any part of the calendar year.

2. If a program of distance education is provided for pupils on a full-time basis, the program must include at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

Sec. 42. 1. The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that, for each course offered through the program, a teacher:

(a) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course; and

(b) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress.

2. If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a licensed teacher.

Sec. 43. 1. A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:

(a) Is participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537;

(b) Is participating in a program of independent study pursuant to NRS 389.155;

(c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;

(d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

(e) Is excused from compulsory attendance pursuant to NRS 392.070 and is authorized to enroll in a program of distance education pursuant to that section;

(f) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;

(g) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

(h) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil; or

(i) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the circumstances warrant enrollment for the pupil.

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 49 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 to take those advanced or specialized courses that are not offered at the public school he otherwise attends.

Sec. 44. 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 or January 1 of each year, as applicable for the semester of enrollment, a written agreement must be filed with the superintendent of public instruction for each pupil who is enrolled full 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 or January 1 of each year, as applicable for the semester of enrollment, 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. 45. 1. If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education.

2. Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.

3. If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:

(a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the superintendent of public instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

(b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

(c) Be signed by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and

(d) Include any other information required by the state board by regulation.

4. On or before September 1 or January 1 of each year, as applicable for the semester of enrollment, 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. 46. 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 that provides the program shall declare for each such pupil one public school within that school district to which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(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;

(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;

(d) Discipline of pupils.

Sec. 47. 1. If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(d) Discipline of pupils.

2. If the governing body of a charter school provides a program of distance education, the governing body shall:

(a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.

(b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:

(1) Graduation requirements;

(2) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

(4) Discipline of pupils.

Sec. 48. On or before November 1 of each year, the board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall submit to the department and to the legislative bureau of educational accountability and program evaluation a written report that contains a summary of the program for the immediately preceding school year which includes, without limitation:

1. A description of the manner in which the program was carried out;

2. The expenditures made for the program;

3. The number of pupils who were enrolled full time in the program and the number of pupils who were enrolled part time in the program;

4. If available, a description of the reasons why pupils enrolled in the program;

5. The number of pupils who dropped out of the program, if any;

6. A description of any disciplinary measures taken against pupils who were enrolled in the program; and

7. An analysis of the academic achievement and performance of the pupils who were enrolled in the program before and after the pupils participated in the program.

Sec. 49. 1. The state board shall adopt regulations that prescribe:

(a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the department pursuant to section 39 of this act and the contents of the application;

(b) The process for submission of an application by the board of trustees of a school district or the governing body of a charter school to provide a program of distance education and the contents of the application;

(c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with section 43 of this act;

(d) 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;

(e) 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

(f) A written description of the process pursuant to which the state board may revoke its approval for the operation of a program of distance education.

2. The state board may adopt regulations as it determines are necessary to carry out the provisions of sections 35 to 49, inclusive, of this act.

Sec. 50. 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 35 to 49, 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. 51. 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;

(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.

(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 35 to 49, inclusive, of this act.

Sec. 52. 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;

(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 35 to 49, inclusive, of this act.

Sec. 53. NRS 389.017 is hereby amended to read as follows:

389.017 1. The state board shall [prescribe] adopt regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

2. The results of examinations must be reported for each school, including, without limitation, each charter school, school district and this state , as follows:

(a) The average score, as defined by the department, of pupils who took the examinations under regular testing conditions; and

(b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

3. The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:

(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;

(b) Are enrolled in special schools for children with disabilities;

(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school[;] , including, without limitation, a program of distance education that is provided to pupils who are at risk of dropping out of high school pursuant to sections 35 to 49, 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 15 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;

(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 15 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. 54. NRS 389.155 is hereby amended to read as follows:

389.155 1. The state board shall, by regulation, establish a program pursuant to which a pupil enrolled full time in high school may complete any required or elective course by independent study outside of the normal classroom setting. A program of independent study provided pursuant to this section may be offered through a program of distance education pursuant to sections 35 to 49, inclusive, of this act.

2. The regulations must require that:

(a) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and

(b) The pupil and teacher meet or otherwise communicate with each other at least once each week during the course to discuss the pupil’s progress.

3. The board of trustees in each school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by pupils enrolled full time in high schools in its district. A board of trustees that chooses to allow such study may provide that:

(a) The pupils participating in the independent study be given instruction individually or in a group.

(b) The independent study be offered during the regular school day.

Sec. 55. 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;

(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.

(a) The examination administered;

(b) The grade level or levels of pupils to whom the examination was administered;

(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

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:

(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

Sec. 56. 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 whom a license is not required pursuant to the provisions of NRS 386.590 . [and 386.595.]

Sec. 57. NRS 391.31965 is hereby amended to read as follows:

391.31965 Except as otherwise provided in this section, if a postprobationary employee of a school district or charter school in this state:

1. Voluntarily leaves his employment; and

2. Is, within 5 years after the date on which he left that employment, employed by any school district or charter school in this state in a position that is comparable to the position in which he attained his postprobationary status,

he 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. This section does not apply to a postprobationary employee who voluntarily leaves his employment during the pendency of a proceeding for the suspension, demotion, dismissal or refusal to reemploy the postprobationary employee.

Sec. 58. 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 35 to 49, 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. 59. NRS 392.035 is hereby amended to read as follows:

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

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

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

2. To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a) [, (b), (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. 60. NRS 392.040 is hereby amended to read as follows:

392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.

2. A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.

3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:

(a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

(b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,

and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.

4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.

5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

6. A child who is 7 years of age on or before September 30 of a school year must:

(a) If he has completed kindergarten and the first grade, be admitted to the second grade.

(b) If he has completed kindergarten, be admitted to the first grade.

(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.

The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

(a) Who is 7 years of age on or before September 30 of the next school year; and

(b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,

to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

8. A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

9. As used in this section, “kindergarten” includes:

(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; [and]

(b) A kindergarten established by the governing body of a charter school; and

Sec. 61. 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, school districts, charter schools, hospital districts, irrigation districts and other special districts.

Sec. 62. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

1. All real and personal property that is leased or rented to a charter school is hereby deemed to be used for an educational purpose and is exempt from taxation. If the property is used partly for the lease or rental to a charter school and partly for other purposes, only the portion of the property that is used for the lease or rental to a charter school is exempt pursuant to this subsection.

2. To qualify for an exemption pursuant to subsection 1, the property owner must provide the county assessor with a copy of the lease or rental agreement indicating that:

(a) The property is leased or rented to the charter school; and

(b) The amount of payment required by the charter school pursuant to the agreement is reduced in an amount which is at least equal to the amount of the tax that would have been imposed if the property were not exempt pursuant to subsection 1.

Sec. 63. NRS 361.065 is hereby amended to read as follows:

361.065 All lots, buildings and other school property owned by any legally created school district or charter school within the state and devoted to public school purposes are exempt from taxation.

Sec. 64. 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.]~~ 2006.

Sec. 64.5. Section 1 of Senate Bill No. 243 of this session is hereby amended to read as follows:

Section 1. NRS 386.595 is hereby amended to read as follows:

386.595 1. All employees of a charter school shall be deemed public employees.

2. Except as otherwise provided in this subsection, 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 who are on a leave of absence from the school district pursuant to subsection 5, including, without limitation, any provisions relating to representation by the employee organization that is a party to the collective bargaining agreement of the school district in a grievance proceeding or other dispute arising out of the agreement. The provisions of the collective bargaining agreement apply to each employee for the first 3 years that he is on a leave of absence from the school district. After the first 3 years that the employee is on a leave of absence:

(a) If he is subsequently reassigned by the school district pursuant to subsection 5, he is covered by the collective bargaining agreement of the school district.

(b) If he continues his employment with the charter school, he is covered by the collective bargaining agreement of the charter school, if applicable.

3. Except as otherwise provided in subsection 2, 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 a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

4. [If] Except as otherwise provided in this subsection, if the written charter of a charter school is revoked[,] or if a charter school ceases to operate as a charter school, the employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement. 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 5; 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 5.

6. 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.

7. 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.

8. 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.

9. For all employees of a charter school:

10. 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. 65. If the membership of the governing body of a charter school that is in operation before July 1, 2002, does not comply with the amendatory provisions of section 18 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 18 of this act on or before July 1, 2002.

Sec. 66. Notwithstanding the provisions of subsection 1 of NRS 288.180 to the contrary, an employee organization established pursuant to chapter 288 of NRS which desires to negotiate with the governing body of a charter school:

1. Concerning a collective bargaining agreement intended to become effective during the 2001-2002 school year; and

2. With respect to a subject of negotiation that requires the budgeting of money,

must apply to the governing body for recognition on or before September 1, 2001, and give the notice required by subsection 1 of NRS 288.180 on or before October 1, 2001.

Sec. 67. If a person accepts an offer of employment from a charter school before the effective date of section 24 of this act and takes a leave of absence from the school district in which the charter school is located, the 3-year period provided in the amendatory provisions of subsection 2 of section 24 of this act begins to run after the effective date of that section, upon the renewal of any applicable collective bargaining agreement entered into by the board of trustees of the school district.

Sec. 68. The state board of education shall consider sponsorship of charter schools in accordance with the amendatory provisions of section 15 of this act for schools that will commence operation during or after the 2002-2003 school year.

Sec. 69. 1. On or before December 1, 2001, the state board of education shall submit a draft of the regulations required by section 49 of this act to the legislative committee on education for the review and comment of the committee.

2. On or before February 1, 2002, the legislative committee on education shall review the draft regulations and provide comment to the state board.

3. On or before April 1, 2002, the state board shall adopt final regulations required by section 49 of this act.

Sec. 70. The department of education shall accept applications to provide programs of distance education in accordance with section 40 of this act for programs that will commence operation with the 2002-2003 school year. If any deadlines contained within the regulations adopted by the state board pursuant to section 49 of this act prohibit a school district or charter school from submitting an application for the 2002-2003 school year, the department shall grant a shorter period of time for the school district or charter school to submit an application for the 2002-2003 school year, notwithstanding the provisions of those regulations.

Sec. 71. If a school district or charter school has provided before June 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 of the existence of the program to the department of education on or before July 1, 2001. After the 2001-2002 school year, the school district or charter school must comply with sections 35 to 49, inclusive, of this act, if it desires to continue the program. The provisions of this section apply to a charter school regardless of whether the terms of the written charter of the charter school authorize the charter school to provide a program that includes distance education.

Sec. 72. The department of education shall provide the financial support necessary for the school districts and charter schools to incorporate charter schools into the statewide automated system of information concerning pupils pursuant to the amendatory provisions of sections 27 and 28 of this act.

Sec. 73. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

Sec. 74. Section 12.5 of chapter 606, Statutes of Nevada 1999, at page 3292, is hereby repealed.

Sec. 75. 1. This section and sections 24, 64, 66 and 67 of this act become effective upon passage and approval.

2. Sections 3 to 12, inclusive, 14, 16 to 19, inclusive, 21, 22, 23, 27, 28, 56, 60 to 63, inclusive, 65, and 68 to 74, inclusive, of this act become effective on July 1, 2001.

3. Sections 57 and 64.5 of this act become effective at 12:01 a.m. on July 1, 2001.

4. Sections 1, 2, 13, 15, 20, 25, 26, 29, 30 to 55, inclusive, 58 and 59 of this act become effective on July 1, 2002.

TEXT OF REPEALED SECTION

Section 12.5 of chapter 606, Statutes of Nevada 1999:

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

386.510 1. Except as otherwise provided in subsection 2:

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

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

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

Amend the title of the bill to read as follows:

“AN ACT relating to education; prohibiting an existing public school or home school from converting to a charter school; prohibiting a charter school from operating for profit; creating the fund for charter schools; providing for the sponsorship of charter schools by the state board of education; revising the collective bargaining provisions applicable to charter school employees who are on a leave of absence from a school district; revising provisions governing the formation, operation and personnel of charter schools; authorizing the boards of trustees of school districts and the governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board to adopt regulations prescribing the requirements of programs of distance education; revising the provisions governing the apportionments of money from the state distributive school account to provide for the payment of money for pupils who are enrolled in programs of distance education; providing that certain property of charter schools and certain property leased or rented to charter schools is exempt from taxation; extending 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)”.

Maurice E. Washington	Debbie Smith
Mark Amodei	Mark A. Manendo
Valerie Wiener	Barbara K. Cegavske
Senate Conference Committee	Assembly Conference Committee

Senator Washington moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 399.

Remarks by Senator Washington.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 524, consisting of the undersigned members, has met and reports that:

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

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 8, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 2, page 1, by deleting lines 4 and 5 and inserting:

“otherwise requires, “document” means an application, notice, report, statement or”.

Amend sec. 2, page 1, by deleting lines 10 through 14.

Amend sec. 3, page 1, by deleting lines 17 through 19 and inserting:

“2. If the department establishes a program pursuant to subsection 1:

(a) An electronic submission or storage of documents that is carried out pursuant to the program with respect to a particular transaction is not valid unless all original documents required for the transaction pursuant to:

(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

(2) The provisions of any regulations adopted pursuant thereto,

have been executed and submitted to the department.

(b) The department shall adopt regulations to carry out the program.

3. The regulations required to be adopted pursuant to paragraph (b) of subsection 2 must include, without limitation:”.

Amend sec. 3, page 2, line 14, by deleting “participation;” and inserting “participation.”.

Amend sec. 3, page 2, between lines 37 and 38, by inserting:

“(k) Procedures to ensure compliance with:

(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and

(2) The provisions of any regulations adopted pursuant thereto,

to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.”.

Amend sec. 3, page 2, line 38, by deleting “3.” and inserting “4.”.

William R. O'Donnell	Tom Collins
Lawrence E. Jacobsen	John J. Lee
Terry Care	John C. Carpenter
Senate Conference Committee	Assembly Conference Committee

Senator O'Donnell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 524.

Remarks by Senator O'Donnell.

Motion carried by a two-thirds majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 554, consisting of the undersigned members, has met and reports that:

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

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 5, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend section 1, page 2, line 24, by deleting: “cost of the” and inserting: “filing of an”.

Amend sec. 10, page 7, line 38, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 10, page 7, line 40, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 10, page 7, line 47, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 10, page 8, line 1, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 11, page 8, by deleting lines 10 and 11 and inserting: “final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to”.

Amend sec. 11, page 8, line 13, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 11, page 8, line 15, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 11, page 8, line 20, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 11, page 8, line 22, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 11, page 9, by deleting lines 4 and 5 and inserting:

“4. The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map.”.

Amend sec. 14, page 10, line 29, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 14, page 10, line 31, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 14, page 10, line 39, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 14, page 10, line 41, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 14, page 11, line 5, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 14, page 11, line 7, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 14, page 11, line 24, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 14, page 11, line 26, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 14, page 11, line 42, by deleting “40,000” and inserting “50,000”.

Amend sec. 14, page 11, line 43, by deleting “40,000,” and inserting “50,000,”.

Amend sec. 15, page 12, line 14, by deleting “[40,000]” and inserting “[50,000]”.

Amend sec. 15, page 12, line 16, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 15, page 12, line 29, by deleting “[40,000]” and inserting“[50,000]”.

Amend sec. 15, page 12, line 31, by deleting “[40,000,]” and inserting “[50,000,]”.

Amend sec. 15, page 12, line 43, by deleting “40,000” and inserting “50,000”.

Amend sec. 15, page 12, line 44, by deleting “40,000,” and inserting “50,000,”.

Amend sec. 15, page 14, between lines 12 and 13, by inserting:

“12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:

(a) A duplicate copy of the final map and any supporting documents; or

(b) Access to the digital final map and any digital supporting documents.”.

Amend the bill as a whole by adding new sections designated sections 16.3 through 16.7, following sec. 16, to read as follows:

“Sec. 16.3. Sections 4 and 8 of Assembly Bill No. 182 of this session are hereby amended to read as follows:

Sec. 4. NRS 278.210 is hereby amended to read as follows:

278.210 1. Before adopting the master plan or any part of it[,] in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which mustbe given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.

2. The adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two‑thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.

3. No plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.

4. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.

5. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.

[5.] 6. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.

Sec. 8. NRS 278.315 is hereby amended to read as follows:

278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner of real property located within 300 feet of the property in question;

(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

(d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

4. If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

5. An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.

5.]session.

6. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

(a) The existing permitted use and zoning designation of the property in question;

(b) The proposed permitted use of the property in question;

(d) A telephone number which may be used by interested persons to obtain additional information.

[6.] 7. A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

[7.] 8. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

[8.] 9. The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

[9.] 10. The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.

Sec. 16.5. Sections 3, 4 and 5 of Assembly Bill No. 553 of this session are hereby amended to read as follows:

Sec. 3. NRS 278.315 is hereby amended to read as follows:

3. In a county whose population is less than 100,000, notice setting forth the time, place and purpose of the hearing must be sent [by mail] at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner of real property , as listed on the county assessor’s records, located within 300 feet of the property in question;

(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

(d) Any advisory board which has been established for the affected area by the governing body.

[The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.]

4. Except as otherwise provided in subsection 7, in a county whose population is 100,000 or more, a notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:

(a) The applicant;

(b) If the application is for a deviation of at least 10 percent but not more than 30 percent from a standard for development:

(1) Each owner, as listed on the county assessor’s records, of real property located within 100 feet of the property in question; and

(2) Each tenant of a mobile home park located within 100 feet of the property in question;

(c) If the application is for a special use permit or a deviation of more than 30 percent from a standard for development:

(1) Each owner, as listed on the county assessor’s records, of real property located within 500 feet of the property in question;

(2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and

(3) Each tenant of a mobile home park located within 500 feet of the property in question;

(d) If the application is for a change in zoning or a project of regional significance, as that term is described in NRS 278.02542:

(1) Each owner, as listed on the county assessor’s records, of real property located within 750 feet of the property in question;

(3) Each tenant of a mobile home park located within 750 feet of the property in question; and

(e) Any advisory board which has been established for the affected area by the governing body.

5. If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

[5.] 6. An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this session.

[6.] 7. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, [in addition to sending the notice required pursuant to subsection 3, not later than] at least 10 days before the hearing [, erect] :

(a) Send a notice setting forth the time, place, and purpose of the hearing to:

(1) The applicant;

(2) Each owner, as listed on the county assessor’s records, of real property located within 1,500 feet of the property in question;

(3) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);

(4) Each tenant of a mobile home park located within 1,500 feet of the property in question; and

(5) Any advisory board which has been established for the affected area by the governing body; and

(b) Erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

[(a)] (1) The existing permitted use and zoning designation of the property in question;

[(b)] (2) The proposed permitted use of the property in question;

[(c)] (3) The date, time and place of the public hearing; and

[(d)] (4) A telephone number which may be used by interested persons to obtain additional information.

[7.] 8. A sign required pursuant to subsection[6] 7 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

[8.] 9. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection[6,] 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

[9.] 10. The governing body shall remove or cause to be removed any sign required by subsection[6] 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

[10.] 11. The notice required to be provided pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a party to whom notice must be provided pursuant to those subsections, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

12. The provisions of this section do not apply to an application foraconditional use permit filed pursuant to NRS 278.147.

Sec. 4. NRS 278.319 is hereby amended to read as follows:

278.319 1. The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant [minor deviations] a deviation of less than 10 percent from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for such a [minor] deviation to obtain the written consent of the owner of any real property that would be affected by the [minor] deviation.

2. If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.

3. An applicant or other aggrieved person may appeal the decision of the director of planning or other authorized person or agency in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.]session.

Sec. 5. NRS 278.480 is hereby amended to read as follows:

278.480 1. Except as otherwise provided in subsection [10,] 11, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.

2. The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.

3. [Whenever any street] A government patent easement which is no longer required for a public purpose may be vacated by:

(a) The governing body; or

(b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,

without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.

4. Except as otherwise provided in subsection 3, if any right of way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.

[4.] 5. Except as provided in subsection [5,] 6, if, upon public hearing, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission , [or] hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.

5.]session.

6. If a utility has an easement over the property, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.

[6.] 7. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.

[7.] 8. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.

[8.] 9. If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.

[9.] 10. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city, the county or any public utility.

[10.] 11. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.

12. As used in this section, “government patent easement” means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.

Sec. 16.7. Assembly Bill No. 553 of this session is hereby amended by adding thereto a new section designated sec. 7, following sec. 6, to read as follows:

Sec. 7. 1. This section and sections 1, 2, 4, 5 and 6 of this act become effective on October 1, 2001.

2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

Amend sec. 18, page 15, by deleting line 41 and inserting:

“Sec. 18. 1. This section and sections 1 to 9, inclusive, 12, 13 and 16 to 17, inclusive, of this act become effective on July 1, 2001.

2. Sections 10 and 14 of this act become effective at 12:01 a.m. on July 1, 2001.

3. Sections 11 and 15 of this act become effective at 12:02 a.m. on July 1, 2001.”.

William R. O'Donnell	Douglas A. Bache
Jon C. Porter	Merle Berman
Dina Titus	Debbie Smith
Senate Conference Committee	Assembly Conference Committee

Senator O'Donnell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 554.

Remarks by Senators O'Donnell, Neal and Titus.

Motion carried by a constitutional majority.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 3, 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. 433, 442, 446, 449, 462, 463, 498, 572, 579, 581.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 615, 669.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 306, Amendment No. 1213, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1209 to Assembly Bill No. 324.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Bache, Giunchigliani and Brower as a first Conference Committee concerning Assembly Bill No. 637.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 615.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 669.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

Senator James moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 7:41 p.m.

SENATE IN SESSION

At 9:05 p.m.

President Hunt presiding.

Quorum present.

GENERAL FILE AND THIRD READING

Assembly Bill No. 460.

Bill read third time.

Roll call on Assembly Bill No. 460:

Yeas—19.

Nays—Carlton, McGinness—2.

Assembly Bill No. 460 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 421.

The following Assembly amendment was read:

Amendment No. 1189.

Amend section 1, page 1, line 2, by deleting “43,” and inserting “20,”.

Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.

Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 8 as sections 4 through 6.

Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 7.

Amend the bill as a whole by deleting sections 11 through 28, renumbering sections 29 through 35 as sections 9 through 15 and adding a new section designated sec. 8, following sec. 10, to read as follows:

“Sec. 8. In conducting any meetings, a rural agricultural residential common-interest community must comply with the provisions set forth in chapter 241 of NRS concerning open meetings which are generally applicable to public bodies.”.

Amend sec. 29, page 8, by deleting lines 13 and 14 and inserting:

“Sec. 9. An application for a certificate to act as a community manager must:”.

Amend sec. 29, page 8, line 16, by deleting “30” and inserting “10”.

Amend sec. 30, page 8, by deleting lines 18 and 19 and inserting:

“Sec. 10. 1. An applicant for a certificate to act as a community manager must”.

Amend sec. 30, page 8, line 26, by deleting “license or”.

Amend sec. 30, page 8, line 28, by deleting “license or”.

Amend sec. 31, page 8, by deleting lines 46 through 48 and inserting: “permits issued to the holder of a certificate to act as a community manager, the division shall deem the certificate to be suspended at the end of”.

Amend sec. 31, page 9, line 1, by deleting “license or”.

Amend sec. 31, page 9, line 3, by deleting “license or”.

Amend sec. 31, page 9, line 5, by deleting: “a license or”.

Amend sec. 31, page 9, line 8, by deleting “license or”.

Amend sec. 35, page 9, line 37, by deleting “A” and inserting: “An officer or a”.

Amend sec. 35, page 9, line 47, after “to” by inserting: “an officer or”.

Amend the bill as a whole by deleting sections 36 and 37 and renumbering sections 38 through 41 as sections 16 through 19.

Amend sec. 38, page 11, by deleting lines 28 through 31 and inserting: “a common-interest community that has at least 2,000 units, some or all of the authority of the members of a master association may be exercised by delegates, including, without limitation, the voting rights of the members of the master association, if the declaration so provides.”.

Amend sec. 39, pages 11 and 12, by deleting lines 39 through 49 on page 11 and lines 1 through 9 on page 12 and inserting: “constructing any common elements that will be added to the association’s common elements, the declarant is responsible for:

(a) Paying all expenses related to the common elements which are incurred before the conveyance of the common elements to the association; and

(b) Except as otherwise provided in NRS 116.31038, delivering to the association the declarant’s share of the amount specified in the study of reserves completed pursuant to subsection 2.

2. Before conveying the common elements to the association, the declarant shall deliver to the association a study of the reserves for the additional common elements which satisfies the requirements of NRS 116.31152.”.

Amend sec. 40, page 12, line 10, by deleting “In” and inserting: “Except as otherwise provided in subsection 2, in”.

Amend sec. 40, page 12, by deleting lines 14 through 32 and inserting: “commercial use only if:

(a) The governing documents of the association and any master association do not prohibit such use; and

(b) Persons entitled to cast at least a majority of the votes in the association and any master association approve the transient commercial use of the unit.

2. A declarant who owns or, directly or indirectly, has an interest in, one or more units within a planned community under the governing documents of the association that are restricted to residential use by the declaration, may not use that unit or one of those units for a transient commercial use.

3. The association and any master association may establish requirements for such use pursuant to subsection 1, including the payment of additional fees that are related to any increase in services or other costs associated with the transient commercial use of the unit.”.

Amend sec. 40, page 12, line 33, by deleting “5.” and inserting “4.”.

Amend the bill as a whole by deleting sec. 42 and renumbering sections 43 through 63 as sections 20 through 40.

Amend sec. 44, page 13, line 31, by deleting “9,” and inserting “6,”.

Amend sec. 46, page 13, lines 37 and 38, by deleting “[real estate]” and inserting “real estate”.

Amend sec. 47, page 14, line 26, after “office” by inserting: “or the division”.

Amend sec. 47, page 14, by deleting lines 44 and 45 and inserting:

“(8) Whether a study of the reserves of the association exists and, if so, the date on which it was completed.”.

Amend sec. 48, page 15, line 6, by deleting: “the commission and”.

Amend sec. 49, page 16, by deleting lines 1 through 3 and inserting:

“(d) Prohibit a common-interest community created before [January 1, 1992,] October 1, 1999, from providing for a representative form of government.”.

Amend sec. 49, page 16, by deleting line 6 and inserting:

“5. For the purposes of this section, the administrator”.

Amend sec. 52, page 18, line 9, by deleting “38” and inserting “16”.

Amend sec. 55, page 20, line 22, by deleting “unit’s owner” and inserting “person”.

Amend sec. 55, page 20, line 38, by deleting “38” and inserting “16”.

Amend sec. 57, page 21, line 36, by deleting “the” and inserting “a”.

Amend sec. 58, page 22, by deleting lines 13 through 16 and inserting:

“(a) The [person alleged to have violated the rule has received notice of the alleged violation that informs him of his opportunity to request a hearing on the alleged violation.] association has given written notice by regular mail to the unit’s owner that:”.

Amend sec. 58, page 22, by deleting lines 24 and 25 and inserting:

“(c) At least 30 days before the alleged violation, the [person alleged to have violated the rule] unit’s owner was given written notice of the rule or any”.

Amend sec. 59, page 24, line 3, after “the board” by inserting: “and units’ owners”.

Amend sec. 63, page 26, line 41, by deleting “[real estate]” and inserting: “[real estate commission] division”.

Amend sec. 63, page 27, by deleting lines 10 through 12 and inserting “disciplinary hearings.”.

Amend sec. 63, page 27, by deleting line 38 and inserting: “acts solely as an officer or member of the executive board.”.

Amend the bill as a whole by deleting sec. 64 and renumbering sections 65 through 69 as sections 41 through 45.

Amend sec. 65, page 30, line 8, by deleting “[administrator] commission” and inserting “administrator”.

Amend sec. 66, page 30, line 13, by deleting “or 82.193,” and inserting: “ [or 82.193,] 82.193 or 86.263,”.

Amend sec. 66, page 30, line 14, by deleting “[administrator] commission” and inserting “administrator”.

Amend sec. 66, page 30, lines 17 and 18, by deleting “[administrator] commission” and inserting “administrator”.

Amend section 66, page 30, by deleting lines 25 through 28 and inserting: “office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office. In no event may the fees required to be paid pursuant to this”.

Amend sec. 68, page 31, by deleting lines 6 through 10 and inserting:

“(b) [The] Not less than 30 days after mailing the notice of delinquent assessment pursuant to paragraph (a), the association or other person”.

Amend sec. 68, page 31, line 18, by deleting “[(c)] (d)” and inserting “(c)”.

Amend sec. 68, page 31, line 20, by deleting “[60] 90” and inserting “60”.

Amend sec. 68, page 31, line 25, by deleting “[60] 90” and inserting “60”.

Amend sec. 68, page 31, line 27, by deleting “or” and inserting “[or]”.

Amend sec. 68, page 31, by deleting line 31 and inserting: “unit [.] ; or

(c) The association has provided written certification to the ombudsman for owners in common-interest communities that notices have been given in accordance with subsection 1.”.

Amend the bill as a whole by renumbering sections 70 and 71 as sections 48 and 49 and adding new sections designated sections 46 and 47, following sec. 69, to read as follows:

“Sec. 46. NRS 116.4108 is hereby amended to read as follows:

116.4108 1. A person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 shall provide a purchaser with a copy of the current public offering statement not later than the date [of any contract of sale.] on which an offer to purchase becomes binding on the purchaser. Unless the purchaser has personally inspected the unit, the purchaser may cancel, by written notice, the contract of purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract for purchase must contain a provision to that effect.

2. If a purchaser elects to cancel a contract pursuant to subsection 1, he may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.

3. If a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 fails to provide a purchaser to whom a unit is conveyed with a current public offering statement, the purchaser is entitled to actual damages, rescission or other relief, but if the purchaser has accepted a conveyance of the unit, he is not entitled to rescission.

Sec. 47. NRS 116.4109 is hereby amended to read as follows:

116.4109 1. Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner shall furnish to a purchaser before [execution of any contract for sale of a unit, or otherwise before conveyance:] an offer to purchase a unit becomes binding on the purchaser:

(a) A copy of the declaration, other than any plats and plans, the bylaws, the rules or regulations of the association and, except for a time share governed by the provisions of chapter 119A of NRS, the information statement required by NRS 116.41095;

(b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

(d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

2. The association, within 10 days after a request by a unit’s owner, shall furnish a certificate containing the information necessary to enable the unit’s owner to comply with this section. A unit’s owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

3. Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable for the delinquent assessment.”.

Amend sec. 70, page 34, line 23, by deleting “116.4103.” and inserting “116.4103 [.] and 116.4109.”.

Amend sec. 70, page 34, by deleting lines 47 and 48 and inserting: “Estate Division, at (telephone number).”.

Amend sec. 71, page 35, by deleting lines 36 and 37 and inserting: “accordance with the provisions of sections 22, 23, 24, 26 to 29, inclusive, 31 and 32 of Senate Bill No. 336 of this [act.] session. At any time during”.

Amend sec. 71, page 36, line 5, by deleting “NRS 38.135.” and inserting: “section 29 of Senate Bill No. 336 of this [act.] session.”.

Amend sec. 71, page 36, line 10, by deleting “NRS 38.145.” and inserting: “section 30 of Senate Bill No. 336 of this [act.] session.”.

Amend sec. 71, page 36, line 13, by deleting “NRS 38.145;” and inserting: “section 30 of Senate Bill No. 336 of this [act;] session;”.

Amend the bill as a whole by renumbering sec. 72 as sec. 51 and adding a new section designated sec. 50, following sec. 71, to read as follows:

“Sec. 50. Section 14 of Assembly Bill No. 621 of this section is hereby amended to read as follows:

Sec. 14. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

The expiration or revocation of a certificate for the management of a common-interest community by operation of law or by order or decision of the real estate commission or a court of competent jurisdiction, or the voluntary surrender of such a certificate by the holder of the certificate does not:

1. Prohibit the division or real estate commission from initiating or continuing an investigation of, or action or disciplinary proceeding against, the holder of the certificate as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the holder of the certificate.”.

Amend sec. 72, page 36, line 27, by deleting: “sections 28 and 63” and inserting “section 40”.

Amend sec. 72, page 36, line 28, by deleting: “community managing agent or a”.

Amend sec. 72, page 36, line 29, by deleting “licensed or”.

Amend the bill as a whole by deleting sec. 73 and renumbering sec. 74 as sec. 52.

Amend the bill as a whole by deleting sec. 75 and renumbering sec. 76 as sec. 53.

Amend sec. 76, pages 36 and 37, by deleting lines 47 and 48 on page 36 and lines 1 through 3 on page 37 and inserting:

“1. Section 49 of this act becomes effective at 12:01 a.m. on October 1, 2001.

2. Sections 9, 10 and 11 of this act expire by limitation on the date on”.

Amend the title of the bill to read as follows:

“AN ACT relating to common-interest communities; requiring community managers to be certified by the real estate division of the department of business and industry; revising the amount of a fine that may be imposed for a continuing violation of the governing documents of an association; requiring the removal of a member of the executive board of an association to be conducted by secret ballot; revising the circumstances under which an association may foreclose on its lien for unpaid assessments; changing the time within which certain information must be provided to a prospective purchaser of a unit; and providing other matters properly relating thereto.”.

Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 421.

Remarks by Senator Townsend.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 576.

The following Assembly amendment was read:

Amendment No. 1199.

Amend sec. 4, page 2, line 10, by deleting: “limousine or livery” and inserting: “limousine, livery limousine or super-stretch”.

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

“Sec. 5.5. “Super-stretch limousine” means a motor vehicle that:

1. Has a capacity of 16 or more persons but not more than 30 persons, including the driver;

2. Is engaged in the general transportation of persons for compensation and not operated on a regular schedule or over regular routes;

3. Has a chassis that has been modified from its original design to carry 16 or more persons but not more than 30 persons, including the driver; and

4. Is not a bus.”.

Amend sec. 8, page 2, line 43, after “permit;” by inserting “and”.

Amend sec. 8, page 2, by deleting lines 44 and 45.

Amend sec. 8, page 2, line 46, by deleting “(3)” and inserting “(2)”.

Amend sec. 8, page 3, by deleting lines 13 through 17 and inserting: “driver’s permit to an applicant who has been convicted of an offense involving moral turpitude.”.

Amend the bill as a whole by deleting sec. 14 and adding a new section designated sec. 14, following sec. 13, to read as follows:

“Sec. 14. The authority shall adopt regulations governing the conduct of the drivers of a fully regulated carrier of passengers to ensure the safety and comfort of the general public.”.

Amend the bill as a whole by deleting sec. 15 and inserting:

“Sec. 15. (Deleted by amendment.)”.

Amend sec. 17, page 6, line 25, after “act,” by inserting: “or any regulation adopted pursuant thereto,”.

Amend sec. 19, page 7, line 35, by deleting “limousine” and inserting: “limousine, super-stretch limousine”.

Amend sec. 21, page 8, line 7, by deleting: “limousines or livery” and inserting: “limousines, livery limousines or super-stretch”.

Amend sec. 21, page 8, line 11, by deleting: “limousines and livery” and inserting: “limousines, livery limousines and super-stretch”.

Amend sec. 22, page 8, lines 14, 15 and 30, by deleting: “limousines and livery” and inserting: “limousines, livery limousines and super-stretch”.

Amend sec. 22, page 8, line 38, by deleting: “limousines or livery” and inserting: “limousines, livery limousines or super-stretch”.

Amend sec. 22, page 9, lines 2 and 5, by deleting: “limousines and livery” and inserting: “limousines, livery limousines and super-stretch”.

Amend sec. 22, page 9, line 7, after “allocated.” by inserting: “The regulations must reserve an allocation of such vehicles for additional fully regulated carriers of passengers that may subsequently apply for an allocation.”.

Amend sec. 23, page 9, line 9, by deleting: “limousines and livery” and inserting: “limousines, livery limousines and super-stretch”.

Amend sec. 24, page 9, line 33, by deleting “of” and inserting: “of, and does not charge compensation for,”.

Amend sec. 24, page 9, line 37, by deleting “may” and inserting “shall”.

Amend the bill as a whole by deleting sec. 26 and inserting:

“Sec. 26. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 32 and inserting:

“Sec. 32. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 34 and inserting:

“Sec. 34. (Deleted by amendment.)”.

Amend sec. 37, page 16, line 47, by deleting “gross”.

Amend sec. 37, page 17, by deleting lines 1 through 6 and inserting:

“(a) For the first offense, by a fine of not less than $500 nor more than $1,000;

(b) For a second offense within 12 consecutive months and each subsequent offense, by a fine of $1,000; or

(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.”.

Amend sec. 38, page 17, line 28, by deleting: “limousines and livery” and inserting: “limousines, livery limousines and super-stretch”.

Amend sec. 38, page 17, line 29, after “carriers.” by inserting: “The regulations must not become effective before July 1, 2002.”.

Amend sec. 38, page 17, by deleting lines 30 through 36.

Amend sec. 38, page 17, line 37, by deleting “3.” and inserting “2.”.

Amend sec. 38, page 17, after “(c)” by inserting: “Super-stretch limousine” has the meaning ascribed to it in section 5.5 of this act.

(d)”.

Amend sec. 38, page 17, line 44, by deleting “(d)” and inserting “(e)”.

Amend the title of the bill to read as follows:

“AN ACT relating to transportation; imposing an annual fee upon certain fully regulated carriers; making various changes governing fully regulated carriers of passengers; requiring the drivers of fully regulated carriers of passengers to obtain drivers’ permits; imposing a fee for the issuance and renewal of such a permit; providing for the establishment of standards of conduct for such drivers; providing for the impoundment of certain vehicles by the transportation services authority; requiring certain actions with regard to defects and unsafe conditions in vehicles; exempting certain holders of unrestricted gaming licenses that operate motor vehicles from the provisions governing fully regulated carriers; authorizing the transportation services authority to impose a fee for the issuance of identification decals to such exempted holders of unrestricted gaming licenses; requiring the transportation services authority to establish a system of allocation for limousines; providing that certain acts of drivers of fully regulated carriers of passengers are unlawful; providing penalties; and providing other matters properly relating thereto.”.

Senator O'Donnell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 576.

Remarks by Senator O'Donnell.

Conflict of interest declared by Senator Care.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 577.

The following Assembly amendment was read:

Amendment No. 1172.

Amend section 1, page 1, by deleting lines 4 through 13 and inserting: “director or officer of a corporation is individually liable for a debt or liability of the corporation, unless:

(a) The stockholder, director or officer acts as the alter ego of the corporation; or

(b) The corporate fiction of a separate entity should be disregarded for any other reason.

2. A stockholder, director or officer acts as the alter ego of a corporation if:

(a) The corporation is influenced and governed by the stockholder,”.

Amend section 1, page 2, line 1, by deleting “(2)” and inserting “(b)”.

Amend section 1, page 2, line 4, by deleting “(3)” and inserting “(c)”.

Amend section 1, page 2, by deleting lines 5 through 9 and inserting: “sanction fraud or promote injustice.”.

Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:

“Sec. 1.5. NRS 78.0295 is hereby amended to read as follows:

78.0295 1. A corporation may correct a document filed by the secretary of state with respect to the corporation if the document contains an inaccurate record of a corporate action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the corporation shall:

(a) Prepare a certificate of correction which:

(1) States the name of the corporation;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by an officer of the corporation.

(b) Deliver the certificate to the secretary of state for filing.

3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.”.

Amend sec. 3, page 3, line 18, after “35.230,” by inserting “78.300,”.

Amend sec. 3, page 3, line 20, after “liable” by inserting: “to the corporation or its stockholders”.

Amend sec. 3, page 3, line 23, by deleting “and” and inserting “or”.

Amend sec. 4, page 3, line 27, by deleting “under” and inserting “pursuant to”.

Amend sec. 4, page 3, line 45, by deleting “amended” and inserting “annual”.

Amend sec. 4, pages 3 and 4, by deleting line 49 on page 3 and lines 1 through 3 on page 4, and inserting:

“4. Upon filing the [annual] list required by [subsection] :

(a) Subsection 1, the corporation shall pay to the secretary of state a fee of $165.

(b) Subsection 2, the corporation shall pay to the secretary of state a fee”.

Amend sec. 4, page 4, by deleting lines 9 and 10 and inserting: “of the fee due pursuant to subsection [3] 4 and a reminder to file the annual list required by subsection 2. Failure of any”.

Amend sec. 4, page 4, line 14, by deleting: “[3 or 7]” and inserting:

“[3, 6 or 7]”.

Amend sec. 4, page 4, line 19, after “and” by inserting: “must be accompanied by a fee of $85 for filing. A payment submitted pursuant to this subsection”.

Amend sec. 7, page 4, line 47, by deleting “under” and inserting “pursuant to”.

Amend sec. 7, page 5, lines 4 and 5, by deleting: “its charter was revoked;” and inserting: “it failed to file each required annual list in a timely manner;”.

Amend sec. 7, page 5, line 9, after “fee” by inserting “or fees”.

Amend the bill as a whole by deleting sec. 8 and inserting:

“Sec. 8. (Deleted by amendment.)”.

Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:

“Sec. 8.5. NRS 78.390 is hereby amended to read as follows:

78.390 1. Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

(a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and either call a special meeting of the stockholders entitled to vote on the amendment or direct that the proposed amendment be considered at the next annual meeting of the stockholders entitled to vote on the amendment.

(b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, have voted in favor of the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.

2. If any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof.

3. Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.

4. Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

5. The resolution of the stockholders approving the proposed amendment may provide that at any time before the effective date of the amendment, notwithstanding approval of the proposed amendment by the stockholders, the board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders.

6. A certificate filed pursuant to subsection 1 becomes effective upon filing with the secretary of state or upon a later date specified in the certificate, which must not be later than 90 days after the certificate is filed.

7. If a certificate filed pursuant to subsection 1 specifies an effective date and if the resolution of the stockholders approving the proposed amendment provides that the board of directors may abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the secretary of state that:

(a) Is filed before the effective date specified in the certificate filed pursuant to subsection 1;

(b) Identifies the certificate being terminated;

(c) States that, pursuant to the resolution of the stockholders, the board of directors is authorized to terminate the effectiveness of the certificate;

(d) States that the effectiveness of the certificate has been terminated;

(e) Is signed by an officer of the corporation; and

(f) Is accompanied by a filing fee of [$75.] $150.”.

Amend sec. 10, page 6, line 46, by deleting “or agreement”.

Amend sec. 10, page 7, line 7, by deleting “under” and inserting “pursuant to”.

Amend sec. 11, page 7, after line 46, by inserting:

“4. The fee for filing a certificate of termination pursuant to NRS 78.1955, 78.209 or 78.380 is [$75.] $150.”.

Amend sec. 14, page 8, line 33, by deleting “[$15.] $30.” and inserting “[$20.] $40.”.

Amend sec. 14, page 8, line 44, by deleting “[78.770,] 92A.210” and inserting “92A.210,”.

Amend the bill as a whole by adding a new section designated sec. 19.5, following sec. 19, to read as follows:

“Sec. 19.5. NRS 86.226 is hereby amended to read as follows:

86.226 1. A signed certificate of amendment, or a certified copy of a judicial decree of amendment, must be filed with the secretary of state. A person who executes a certificate as an agent, officer or fiduciary of the limited-liability company need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that a certificate does not conform to law, upon his receipt of all required filing fees he shall file the certificate.

2. A certificate of amendment or judicial decree of amendment is effective upon filing with the secretary of state or upon a later date specified in the certificate or judicial decree, which must not be more than 90 days after the certificate or judicial decree is filed.

3. If a certificate specifies an effective date and if the resolution of the members approving the proposed amendment provides that one or more managers or, if management is not vested in a manager, one or more members may abandon the proposed amendment, then those managers or members may terminate the effectiveness of the certificate by filing a certificate of termination with the secretary of state that:

(a) Is filed before the effective date specified in the certificate or judicial decree filed pursuant to subsection 1;

(b) Identifies the certificate being terminated;

(c) States that, pursuant to the resolution of the members, the manager of the company or, if management is not vested in a manager, a designated member is authorized to terminate the effectiveness of the certificate;

(d) States that the effectiveness of the certificate has been terminated;

(e) Is signed by a manager of the company or, if management is not vested in a manager, a designated member; and

(f) Is accompanied by a filing fee of [$75.] $150.”.

Amend sec. 23, page 12, line 27, by deleting “under” and inserting “pursuant to”.

Amend sec. 23, page 12, lines 33 and 34, by deleting: “its charter has been revoked;” and inserting: “it failed to file in a timely manner each required annual list;”.

Amend sec. 24, page 13, by deleting lines 5 and 6 and inserting:

“(b) Amending or restating the articles of organization, amending the registration of a foreign company or filing a certificate of correction, [$75;] $150;”.

Amend sec. 24, page 13, by deleting lines 15 and 16 and inserting:

“(h) Filing a certificate of cancellation, [$30;] $60;

(i) Executing, filing or certifying any other document, [$20;] $40; and

(j) Copies made at the office of the secretary of state, $1 per page.”.

Amend sec. 32, page 16, line 36, by deleting “[$15.] $30.” and inserting “[$20.] $40.”.

Amend sec. 33, page 17, between lines 35 and 36, by inserting:

“6. A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.”.

Amend sec. 34, page 17, line 37, by deleting “corporation” and inserting “limited partnership”.

Amend sec. 40, page 20, line 32, by deleting “[$15.] $30.” and inserting “[$20.] $40.”.

Amend sec. 42, page 21, by deleting lines 14 through 40 and inserting:

“89.250 1. Except as otherwise provided in subsection 2,a professional association shall, on or before the first day of the second month after the filing of its articles of association with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in [such] the association and [shall certify] certifying that all members and employees are licensed to render professional service in this state.

2. A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the first day of the second month after the filing of its articles of association with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state:

(a) Showing the names and residence addresses of all members and employees of the association who are licensed or otherwise authorized by law to render professional service in this state;

(b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this state; and

(c) Certifying that all members who are not licensed to render professional service in this state do not render professional service on behalf of the association except as authorized by law.

3. [The statement must:

(a) Be made] Each statement filed pursuant to this section must be:

(a) Made on a form prescribed by the secretary of state and must not contain any fiscal or other information except that expressly called for by this section.

(b) [Be signed] Signed by the chief executive officer of the association.

(c) Accompanied by a declaration under penalty of perjury that the professional association has complied with the provisions of chapter 364A of NRS.

4. Upon filing [the annual] :

(a) The initial statement required by this section, the association shall pay to the secretary of state a fee of $165.

(b) Each annual statement required by this section, the association shall pay to the secretary of state a fee of [$15.] $85.

5. As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in NRS 720.060, with the present intention to authenticate a document.”.

Amend sec. 46, page 23, by deleting lines 20 through 39 and inserting:

“92A.210 1. Except as otherwise provided in this section, the fee for filing articles of merger, articles of conversion, articles of exchange, articles of domestication or articles of termination is [$125.] $325. The fee for filing the constituent documents of a domestic resulting entity is the fee for filing the constituent documents determined by the chapter of NRS governing the particular domestic resulting entity.

2. The fee for filing articles of merger of two or more domestic corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporation.

3. The fee for filing articles of merger of one or more domestic corporations with one or more foreign corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporations which have paid the fees required by NRS 78.760 and 80.050.

4. The fee for filing articles of merger of two or more domestic or foreign corporations must not be less than [$125.] $325. The amount paid pursuant to subsection 3 must not exceed $25,000.”.

Amend the bill as a whole by deleting sections 54 and 55, renumbering sections 56 through 59 as sections 60 through 63 and adding new sections designated sections 54 to 59, following sec. 53, to read as follows:

“Sec. 54. Section 29 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 29. NRS 78.390 is hereby amended to read as follows:

78.390 1. Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

(a) Is filed before the effective date specified in the certificate filed pursuant to subsection 1;

(b) Identifies the certificate being terminated;

(c) States that, pursuant to the resolution of the stockholders, the board of directors is authorized to terminate the effectiveness of the certificate;

(d) States that the effectiveness of the certificate has been terminated;

(e) Is signed by an officer of the corporation; and

(f) Is accompanied by a filing fee of [$75.] $150.

Sec. 55. Section 55 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 55. 1. A limited-liability company may correct a document filed by the secretary of state with respect to the limited-liability company if the document contains an inaccurate record of a company action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the limited-liability company must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited-liability company;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a manager of the company, or if management is not vested in a manager, by a member of the company.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 56. Section 90 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 90. Chapter 87 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A limited-liability partnership may correct a document filed by the secretary of state with respect to the limited-liability partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the limited-liability partnership must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited-liability partnership;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a managing partner of the limited-liability partnership.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 57. Section 93 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 93. 1. A limited partnership may correct a document filed by the secretary of state with respect to the limited partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the limited partnership must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited partnership;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a general partner of the limited partnership.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 58. Section 102 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 102. 1. A business trust may correct a document filed by the secretary of state with respect to the business trust if the document contains an inaccurate record of a trust action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the business trust must:

(a) Prepare a certificate of correction that:

(1) States the name of the business trust;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a trustee of the business trust.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 59. Senate Bill No. 51 is hereby amended by adding thereto a new section designated sec. 138, following sec. 137, to read as follows:

Sec. 138. This act becomes effective on August 1, 2001.”.

Amend sec. 56, page 27, by deleting lines 29 and 30 and inserting:

“Sec. 60. Sections 1, 2, 3, 9 and 47 of this act do not apply to a claim that arises before the effective date of this section.”.

Amend sec. 57, page 27, line 31, by deleting “59” and inserting “63”.

Amend sec. 59, page 28, by deleting lines 5 through 14 and inserting:

“Sec. 63. 1. This section and sections 1, 2, 3, 9, 47, 59, 60, 61 and 62 of this act become effective upon passage and approval.

2. Sections 5, 6, 12, 13 to 19, inclusive, 20, 21, 22, 25 to 31, inclusive, 35 to 39, inclusive, 41 to 45, inclusive, and 47 to 53, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On August 1, 2001, for all other purposes.

3. Sections 1.5, 4, 7, 8.5, 10, 11, 14, 19.5, 23, 24, 32, 33, 34, 40, 46 and 54 to 58, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) At 12:01 a.m. on August 1, 2001, for all other purposes.”.

Amend the title of the bill by deleting the first line and inserting:

“AN ACT relating to business associations; revising the statutory liability of”.

Amend the summary of the bill to read as follows:

“SUMMARY¾Revises statutory liability of corporate stockholders, directors and officers and increases fees for filing certain documents with secretary of state. (BDR 7‑1547)”.

Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 577.

Remarks by Senators James and Titus.

Senator James requested that his remarks be entered in the Journal.

I would like to make certain that the Senate has a clear understanding of what the Assembly has done in adopting the amendment to this bill. I know that you are looking at the amendment. If you wish to look at the second reprint of the bill in your bill book, it might be easier to follow.

Whether you are looking at the first page of the first reprint, which is on the front under section 1 at lines 7-10 or whether you are looking at the amendment which is the first page, I would direct your attention to the discussion of the doctrine of alter-ego. Under current law, the alter-ego doctrine allows the fiction of the corporation, the corporate entity, to be disregarded if there are two circumstances at issue. If the director, officer or stockholder of the corporation acts as the alter-ego, and continuing to recognize the corporation, would, in the words of our Supreme Court, “sanction a fraud or promote injustice.” The Senate version of this bill simply changed the doctrine to say that it would only apply if it were to sanction a fraud. We took out the promoting injustice language. The Assembly has not suggested codifying existing Nevada case law. The Assembly has rewritten this doctrine in a way that has never been rewritten in this country. They have done it where it says, “the stockholder director or officer acts as the alter-ego of the corporation or, in the Assembly amendment, the corporate fiction of a separate entity should be disregarded for any other reason.” Any reason—not fraud, not injustice—just any reason. That is the first major change. That change would be a major departure from corporate law throughout the country regarding the alter-ego doctrine. It would set no standard. It would say that for any other reason, the corporate fiction could be disregarded. That is not a change to existing case law. That is not a codification of existing case law. It is taking a huge step backwards in Nevada and making it a place where no one would want to have a corporation. There would be no standard for when the corporation would be disregarded and the personal assets of a person would be at risk.

The second change, if you look at the first reprint of the bill, on the second page, you will see in section 2 there is some stricken language. That language says that the articles of incorporation of a corporation may contain language that limits the liability of the director to two circumstances, fraud or the payment of a dividend at a time when a corporation is insolvent. There are many articles of incorporation on file in the Secretary of State’s office that have that provision in them. Those directors have the protection of the articles that they can only be held libel in the instance of fraud or payment of a dividend at a time when the corporation is insolvent. That language is stricken in the Assembly amendment. Look to the next page, the liability protection, now available to a director, is not that protection? What they have under existing law, if they put the provision in their articles, is a mere breach of fiduciary duty. It is mere negligence. Therefore, what this means, if this bill as passed by the Assembly, should pass into law in Nevada then every single attorney in this country that has advised a corporation to incorporate in Nevada has to send a letter. It would be legal malpractice for an attorney who has incorporated his clients’ corporation in Nevada not to send a letter to tell them that the law in Nevada has been changed, and the protection they had under their articles is now gone. The protection they have in Nevada law is less than what they used to have. The provision they have in their articles, that limited their liability, is an illegal provision under Nevada law. They must amend their articles and remove it.

Why did I go through that, Madam President? Because those 172,000 corporations, who we have computed conservatively, would continue to increase in numbers of corporations over this coming biennium by 10 or 15 percent and would generate the $29 million, conservatively, for the teacher salaries in this State in the education program proposed by this Senate, myself and the Governor. That money will not, under any circumstances, be generated under the formulation of this bill.

Just the opposite. Many of those 172,000 corporations will disincorporate in Nevada. They will go to Delaware. They will go to Wyoming where they can get this protection in their articles. Remember, we have not given them the option any more under the Assembly version. We have taken out the ability to get that protection. They cannot get it so they have to disincorporate. They have to leave our State. We won’t get the $29 million that we need for the education fund under this bill. We won’t get the approximately $30 million that we get already, collected by the Secretary of State’s office, for the various fees collected from corporations.

This is not a serious endeavor, in my judgment, Madam President and members of the Senate, to come up with an alternate proposal regarding director liability. What the Assembly amendment has done is to make a mockery of corporate law in Nevada. It is to make a mockery of this bill and place us seriously at risk, the entire package of funding for our education system. I do not know if I would agree with, but I could understand having taken this bill and made some modifications, perhaps, attempted to change it back to existing law. But to take this bill and adopt an amendment to it takes us backward. Puts us in a position where every lawyer, and I do not say that lightly, would have to say to his client, “You need to disincorporate in Nevada.” If they didn’t, they would be guilty of malpractice. To do that is to trifle with the process, Madam President, to trifle with a very serious proposal to fund the under-funded education system in the State, to trifle with the corporate laws of the State, one of the major attractions that Nevada has is favorable corporation laws.

We received a letter from John Fowler. He is the attorney who has represented the State Bar Business Law section in this Legislature for all five sessions that I have been here, and has brought forward the reform in corporate laws to our committee and to the committee in the other House. John Fowler wrote a letter that said in essences, “this would be a disaster.” I could show you the letter if anyone has a question, but his letter says essentially this would be a disaster for Nevada corporate law for us to adopt this. Those are the words of John Fowler who has helped us carefully craft our laws and make them the most attractive in the country. We would, in one fell swoop, destroy all of that work and make Nevada the lease attractive place in which to incorporate. I find that to simply make a mockery of not only what this bill is about, the subject matter that is Nevada corporate law, but what it tries to accomplish—raise funds that are desperately needed for our teachers, for our children, for our education system. That is what it has done. I would strongly urge the members of the Senate to not concur in this amendment and hopefully the Assembly will see the great damage this would cause and will recede from their amendment.

Senator Titus moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 9:19 p.m.

SENATE IN SESSION

At 9:26 p.m.

President Hunt presiding.

Quorum present.

Senator Titus requested that her remarks be entered in the Journal.

My vote to not concur on the amendment is in no way a reflection of my support for the bill as it originally left this house.

Senators James, Amodei and Raggio requested a roll call vote on Senator James’ motion.

Roll call on Senator James’ motion:

Yeas—21.

Nays—None.

The motion having received a two-thirds majority, Madam President declared it carried.

Bill ordered transmitted to the Assembly.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Assembly Bill No. 653, consisting of the undersigned members, has met and reports that:

No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

Michael Schneider	David R. Parks
Ann O'Connell	P.M. "Roy" Neighbors
Bob Coffin	Sandra J. Tiffany
Senate Conference Committee	Assembly Conference Committee

Senator McGinness moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 653.

Remarks by Senator McGinness.

Motion carried.

Appointment of Conference Committees

Madam President appointed Senators McGinness, Townsend and Neal as a second Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 653.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 3, 2001

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 424; Assembly Joint Resolution No. 14.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Joint Resolution No. 14.

Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 424.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 87, 208, 319, 367, 428, 444, 464, 477, 494, 500, 505, 531, 573, 574; Senate Concurrent Resolution No. 52; Senate Resolution No. 10; Assembly Bills Nos. 48, 60, 209, 250, 326, 505, 510, 519, 555, 588, 620, 658.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Mary Jo Reed and Paul Reed.

Senator Raggio moved that the Senate adjourn until Monday, June 4, 2001 at 10 a.m.

Motion carried.

Senate adjourned at 9:33 p.m.

Approved:Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate

Governor

Assembly Conference Committee