[Rev. 2/6/2019 2:05:28 PM]
κ2011 Statutes of Nevada, Page 2139κ
Assembly Bill No. 579Committee on Ways and Means
CHAPTER 370
[Approved: June 14, 2011]
AN ACT relating to education; ensuring sufficient funding for K-12 public education for the 2011-2013 biennium; apportioning the State Distributive School Account in the State General Fund for the 2011-2013 biennium; authorizing certain expenditures; making appropriations for purposes relating to basic support, class-size reduction and other educational purposes; temporarily diverting the money from the State Supplemental School Support Fund to the State Distributive School Account for use in funding operating costs and other expenditures of school districts; revising provisions governing local funds available for certain school districts for the 2011-2013 biennium; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The basic support guarantee for school districts for operating purposes for the 2011-2012 Fiscal Year is an estimated weighted average of $5,263 per pupil. For each respective school district, the basic support guarantee per pupil for the 2011-2012 Fiscal Year is:
Carson City $5,992
Churchill $6,053
Clark $5,136
Douglas $5,237
Elko $6,314
Esmeralda $18,403
Eureka $100
Humboldt $5,718
Lander $100
Lincoln $9,815
Lyon $6,613
Mineral $8,439
Nye $6,572
Pershing $8,987
Storey $6,914
Washoe $5,193
White Pine $6,560
Sec. 2. 1. The basic support guarantee for school districts for operating purposes for the 2012-2013 Fiscal Year is an estimated weighted average of $5,374 per pupil.
2. On or before April 1, 2012, the Executive Director of the Department of Taxation shall provide to the Superintendent of Public Instruction the certified total of the amount of ad valorem taxes to be received by each school district for Fiscal Year 2012-2013 pursuant to the levy imposed under subsection 1 of NRS 387.195 and credited to the countys school district fund pursuant to subsection 4 of NRS 387.195.
κ2011 Statutes of Nevada, Page 2140 (CHAPTER 370, AB 579)κ
school district for Fiscal Year 2012-2013 pursuant to the levy imposed under subsection 1 of NRS 387.195 and credited to the countys school district fund pursuant to subsection 4 of NRS 387.195.
3. Pursuant to NRS 362.115, on or before March 15 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon the statements required of mine operators.
4. For purposes of establishing the basic support guarantee, the estimated basic support guarantees per pupil for each school district for the 2012-2013 Fiscal Year for operating purposes are:
Basic Estimated
Support Basic
Guarantee Estimated Support
Before Ad Valorem Guarantee
School District Adjustment Adjustment as Adjusted
Carson City $5,193 $907 $6,100
Churchill $5,115 $974 $6,089
Clark $4,378 $871 $5,249
Douglas $3,250 $2,063 $5,313
Elko $5,660 $752 $6,412
Esmeralda $13,388 $5,005 $18,393
Eureka ($41,499) $41,599 $100
Humboldt $4,417 $1,424 $5,841
Lander ($10,053) $10,153 $100
Lincoln $9,059 $921 $9,980
Lyon $5,970 $745 $6,715
Mineral $7,525 $1,066 $8,591
Nye $5,707 $985 $6,692
Pershing $7,818 $1,268 $9,086
Storey $650 $6,325 $6,975
Washoe $4,352 $958 $5,310
White Pine $5,135 $1,511 $6,646
5. The ad valorem adjustment may be made only to take into account the difference in the ad valorem taxes to be received and the estimated enrollment of the school district between the amount estimated as of March 1, 2011, and the amount estimated as of March 1, 2012, for the 2012-2013 Fiscal Year. Estimates of net proceeds of minerals received from the Department of Taxation on or before March 15 pursuant to subsection 3 must be taken into consideration in determining the adjustment.
6. Upon receipt of the certified total of ad valorem taxes to be received by each school district for Fiscal Year 2012-2013 pursuant to subsection 2, the Superintendent of Public Instruction shall recalculate the ad valorem adjustment and the tentative basic support guarantee for operating purposes for each school district for the 2012-2013 Fiscal Year based on the certified total of ad valorem taxes provided by the Executive Director of the Department of Taxation pursuant to subsection 2. The final basic support guarantee for each school district for the 2012-2013 Fiscal Year is the amount, which is recalculated for the 2012-2013 Fiscal Year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before March 15, 2012.
κ2011 Statutes of Nevada, Page 2141 (CHAPTER 370, AB 579)κ
section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before March 15, 2012. The basic support guarantee recalculated pursuant to this section must be calculated on or before May 31, 2012.
Sec. 3. 1. The basic support guarantee for each special education program unit that is maintained and operated for at least 9 months of a school year is $39,768 in the 2011-2012 Fiscal Year and $39,768 in the 2012-2013 Fiscal Year, except as limited by subsection 2.
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the Fiscal Years 2011-2012 and 2012-2013 are:
Allocation of Special Education Units
2011-2012 2012-2013
DISTRICT Units Amount Units Amount
Carson City 81 $3,221,208 81 $3,221,208
Churchill County 47 $1,869,096 47 $1,869,096
Clark County 1,925 $76,553,400 1,925 $76,553,400
Douglas County 70 $2,783,760 70 $2,783,760
Elko County 84 $3,340,512 84 $3,340,512
Esmeralda County 1 $39,768 1 $39,768
Eureka County 3 $119,304 3 $119,304
Humboldt County 32 $1,272,576 32 $1,272,576
Lander County 12 $477,216 12 $477,216
Lincoln County 18 $715,824 18 $715,824
Lyon County 63 $2,505,384 63 $2,505,384
Mineral County 8 $318,144 8 $318,144
Nye County 58 $2,306,544 58 $2,306,544
Pershing County 16 $636,288 16 $636,288
Storey County 8 $318,144 8 $318,144
Washoe County 567 $22,548,456 567 $22,548,456
White Pine County 16 $636,288 16 $636,288
Subtotal 3,009 $119,661,912 3,009 $119,661,912
Reserved by State
Board of Education 40 $1,590,720 40 $1,590,720
TOTAL 3,049 $121,252,632 3,049 $121,252,632
3. The State Board of Education shall reserve 40 special education program units in each fiscal year of the 2011-2013 biennium, to be allocated to school districts by the State Board of Education to meet additional needs that cannot be met by the allocations provided in subsection 2 to school districts for that fiscal year. In addition, charter schools in this State are authorized to apply directly to the Department of Education for the reserved special education program units, which may be allocated upon approval of the State Board of Education.
4. Notwithstanding the provisions of subsections 2 and 3, the State Board of Education is authorized to spend from the State Distributive School Account up to $158,414 in the Fiscal Year 2011-2012 and $162,163 in the Fiscal Year 2012-2013 for instructional programs incorporating educational technology for gifted and talented pupils.
κ2011 Statutes of Nevada, Page 2142 (CHAPTER 370, AB 579)κ
Fiscal Year 2012-2013 for instructional programs incorporating educational technology for gifted and talented pupils. Any school district may submit a written application to the Department of Education requesting an allocation for gifted and talented pupils. For each fiscal year of the 2011-2013 biennium, the Department will award the gifted and talented amounts based on a review of applications received from school districts.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030:
For the 2011-2012 Fiscal Year............................................................................................................................ $1,088,280,727
For the 2012-2013 Fiscal Year............................................................................................................................ $1,111,331,100
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate Fiscal Years 2011-2012 and 2012-2013, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.
3. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
4. The sums appropriated by subsection 1 are available for either fiscal year or may be transferred to Fiscal Year 2010-2011. Money may be transferred from one fiscal year to another with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration. If funds appropriated by subsection 1 are transferred to Fiscal Year 2010-2011, any remaining funds in the State Distributive School Account after all obligations have been met that are not subject to reversion to the State General Fund must be transferred back to Fiscal Year 2011-2012. Any amount transferred back to Fiscal Year 2011-2012 must not exceed the amount originally transferred to Fiscal Year 2010-2011.
5. Any remaining balance of the appropriation made by subsection 1 for the 2011-2012 Fiscal Year must be transferred and added to the money appropriated for the 2012-2013 Fiscal Year and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for the 2012-2013 Fiscal Year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 5. 1. Expenditure of $252,616,844 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during the fiscal year beginning July 1, 2011.
2. Expenditure of $259,998,237 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during the fiscal year beginning July 1, 2012.
3. For purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the State Distributive School Account from the State General Fund.
κ2011 Statutes of Nevada, Page 2143 (CHAPTER 370, AB 579)κ
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education, in subsections 1 and 2, for the purpose of meeting obligations of the State incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source that he or she determines is in excess of the amount taken into consideration by this act. The Chief of the Budget Division shall reduce any authorization whenever he or she determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 6. During each of the Fiscal Years 2011-2012 and 2012-2013, whenever the State Controller finds that current claims against the State Distributive School Account exceed the amount available in the Account to pay those claims, the State Controller may advance temporarily from the State General Fund to the State Distributive School Account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the State Distributive School Account. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.
Sec. 7. The Department of Education is hereby authorized to spend from the State Distributive School Account the sums of $17,011,957 for the 2011-2012 Fiscal Year and $17,758,916 for the 2012-2013 Fiscal Year for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2011-2013 biennium, the sum authorized must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure that the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.
Sec. 8. The Department of Education is hereby authorized to provide from the State Distributive School Account the sum of $50,000 to each of the 17 school districts in each fiscal year of the 2011-2013 biennium to support special counseling services for elementary school pupils at risk of failure.
Sec. 9. The amounts of the guarantees set forth in sections 1 and 2 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.
Sec. 10. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for early childhood education:
For the Fiscal Year 2011-2012.................................................................................................................................... $3,338,875
For the Fiscal Year 2012-2013.................................................................................................................................... $3,338,875
2. The money transferred by subsection 1 must be used by the Department of Education for competitive state grants to school districts and community-based organizations for early childhood education programs.
κ2011 Statutes of Nevada, Page 2144 (CHAPTER 370, AB 579)κ
3. To receive a grant of money pursuant to subsection 2, school districts and community-based organizations must submit a comprehensive plan to the Department of Education that includes, without limitation:
(a) A detailed description of the proposed early childhood education program;
(b) A description of the manner in which the money will be used, which must supplement and not replace the money that would otherwise be expended for early childhood education programs; and
(c) A plan for the longitudinal evaluation of the program to determine the effectiveness of the program on the academic achievement of children who participate in the program.
4. A school district or community-based organization that receives a grant of money shall:
(a) Use the money to establish or expand prekindergarten education programs.
(b) Use the money to supplement and not replace the money that the school district or community-based organization would otherwise expend for early childhood education programs, as described in this section.
(c) Use the money to pay for the salaries and other items directly related to the instruction of pupils in the classroom.
(d) Submit a longitudinal evaluation of the program in accordance with the plan submitted pursuant to paragraph (c) of subsection 3.
Κ The money must not be used to remodel classrooms or facilities or for playground equipment.
5. The Department of Education shall develop statewide performance and outcome indicators to measure the effectiveness of the early childhood education programs for which grants of money were awarded pursuant to this section. In developing the indicators, the Department shall establish minimum performance levels and increase the expected performance rates on a yearly basis, based upon the performance results of the participants. The indicators must include, without limitation:
(a) Longitudinal measures of the developmental progress of children before and after their completion of the program;
(b) Longitudinal measures of parental involvement in the program before and after completion of the program; and
(c) The percentage of participants who drop out of the program before completion.
6. The Department of Education shall review the evaluations of the early childhood education programs submitted by each school district and community-based organization pursuant to paragraph (d) of subsection 4 and prepare a compilation of the evaluations for inclusion in the report submitted pursuant to subsection 7.
7. The Department of Education shall, on an annual basis, provide a written report to the Governor, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation regarding the effectiveness of the early childhood education programs for which grants of money were received. The report must include, without limitation:
κ2011 Statutes of Nevada, Page 2145 (CHAPTER 370, AB 579)κ
(a) The number of grants awarded;
(b) An identification of each school district and community-based organization that received a grant of money and the amount of each grant awarded;
(c) For each school district and community-based organization that received a grant of money:
(1) The number of children who received services through a program funded by the grant for each year that the program received funding from the State for early childhood education programs; and
(2) The average per child expenditure for the program for each year the program received funding from the State for early childhood education programs;
(d) A compilation of the evaluations reviewed pursuant to subsection 6 that includes, without limitation:
(1) A longitudinal comparison of the data showing the effectiveness of the different programs; and
(2) A description of the programs in this State that are the most effective;
(e) Based upon the performance of children in the program on established performance and outcome indicators, a description of revised performance and outcome indicators, including any revised minimum performance levels and performance rates; and
(f) Any recommendations for legislation.
8. The sums transferred by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2013, and must be reverted to the State Distributive School Account on or before September 20, 2013.
Sec. 11. The sums transferred in section 10 of this act:
1. Must be accounted for separately from any other money received by the school districts of this State and used only for the purposes specified in section 10 of this act.
2. May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
3. May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
Sec. 12. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for special transportation costs to school districts:
For the 2011-2012 school year...................................................................................................................................... $128,541
For the 2012-2013 school year...................................................................................................................................... $128,541
2. Pursuant to NRS 392.015, the Department of Education shall use the money transferred in subsection 1 to reimburse school districts for the additional costs of transportation for any pupil to a school outside the school district in which his or her residence is located.
Sec. 13. 1. The Department of Education shall transfer from the State Distributive School Account to the school districts the following sums to pay the increase of salaries of professional school library media specialists required by NRS 391.160:
κ2011 Statutes of Nevada, Page 2146 (CHAPTER 370, AB 579)κ
For the Fiscal Year 2011-2012......................................................................................................................................... $18,798
For the Fiscal Year 2012-2013......................................................................................................................................... $18,798
2. The sums transferred pursuant to subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2013, and must be reverted to the State Distributive School Account on or before September 20, 2013.
Sec. 14. Each school district shall expend the revenue made available through this act, as well as other revenue from state, local and federal sources, in a manner which is consistent with NRS 288.150 and which is designed to attain the goals of the Legislature regarding educational reform in this State, especially with regard to assisting pupils in need of remediation and pupils who are not proficient in the English language. Materials and supplies for classrooms are subject to negotiation by employers with recognized employee organizations.
Sec. 15. The Legislature hereby finds and declares that:
1. The intended goal of the Legislature is to achieve a pupil-teacher ratio of not more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught;
2. Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in Fiscal Years 2011-2012 and 2012-2013, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in Fiscal Years 2011-2012 and 2012-2013;
3. For the 2011-2012 Fiscal Year and the 2012-2013 Fiscal Year, available money is estimated to achieve the ratios set forth in subsection 2. However, in recognition of the significant downturn in the national and state economies and to allow school districts flexibility in addressing budget shortfalls during this fiscal crisis and notwithstanding the provisions of NRS 388.700, 388.710 and 388.720 to the contrary, a school district may, for the 2011-2012 school year and the 2012-2013 school year, elect to increase the class size by not more than two pupils per teacher to achieve ratios of 18 pupils per teacher in grades 1 and 2, and 21 pupils per teacher in grade 3. If a school district elects to increase class size as authorized by this subsection:
(a) All money that would have otherwise been expended by the school district to achieve the class sizes set forth in subsection 2 must be used to minimize the impact of budget reductions on class sizes in grades 4 to 12, inclusive;
(b) The reduction of class sizes in grades 4 to 12, inclusive, must be fiscally neutral such that the plan to reduce the ratios in those grades will not cost more to carry out than complying with the ratios prescribed by subsection 2; and
(c) All plans and reports concerning class size made by the school district to the Department of Education must include the pupil-teacher ratios achieved for each grade level, including grades 1, 2 and 3 and grades 4 to 12, inclusive;
4. Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3;
κ2011 Statutes of Nevada, Page 2147 (CHAPTER 370, AB 579)κ
5. It is unreasonable to assign two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3;
6. School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by using alternative methods of reducing the ratio, such as employing teachers to provide remedial instruction;
7. School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement;
8. The Legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts;
9. School districts are encouraged, to the extent possible, to further reduce the pupil-teacher ratio in each classroom in the district for grades 1, 2 and 3 for which additional funding is provided;
10. The Legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the State and to continue reducing the pupil-teacher ratio in grade 3; and
11. Thereafter, the intended goal of the Legislature is to reduce the pupil-teacher ratio per class in grade 3 to not more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to not more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to not more than 25 pupils per class.
Sec. 16. 1. The Department of Education shall transfer from the State Distributive School Account the sum of $140,768,048 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2011-2012 which must, except as otherwise provided in subsection 3 of section 15 of this act and sections 18 and 19 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.
2. Except as otherwise provided in subsection 3 of section 15 of this act and sections 18 and 19 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 2,127 teachers employed by school districts to meet the required pupil-teacher ratios in the 2011-2012 school year.
3. Any remaining balance of the sum transferred by subsection 1 must not be committed for expenditure after June 30, 2012, and must be transferred and added to the money appropriated to the State Distributive School Account pursuant to section 4 of this act for the 2012-2013 Fiscal Year, and may be expended as the money in section 17 of this act is expended.
κ2011 Statutes of Nevada, Page 2148 (CHAPTER 370, AB 579)κ
Sec. 17. 1. The Department of Education shall transfer from the State Distributive School Account the sum of $144,222,019 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2012-2013 which must, except as otherwise provided in subsection 3 of section 15 of this act and sections 18 and 19 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.
2. Except as otherwise provided in subsection 3 of section 15 of this act and sections 18 and 19 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 2,144 teachers employed by school districts to meet the required pupil-teacher ratios in the 2012-2013 school year.
3. Any remaining balance of the sum transferred by subsection 1, including any money added thereto pursuant to section 16 of this act, must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 18. 1. The board of trustees of each county school district:
(a) Shall file a plan with the Superintendent of Public Instruction describing how the money transferred pursuant to sections 16 and 17 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3 or with the ratio authorized by subsection 3 of section 15 of this act;
(b) May, after receiving approval of the plan from the Superintendent of Public Instruction, use the money appropriated by sections 16 and 17 of this act to carry out:
(1) An alternative program for reducing the ratio of pupils per teacher, including, without limitation, any legislatively approved program of flexibility; or
(2) Programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 2004-2005 school year.
Κ The plan approved by the Superintendent of Public Instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial education programs in improving pupil achievement.
2. In no event must the provisions of this section be construed to authorize the board of trustees of a school district in a county whose population is 100,000 or more to develop an alternative plan for the reduction of pupil-teacher ratios pursuant to subsection 2 of NRS 388.720.
κ2011 Statutes of Nevada, Page 2149 (CHAPTER 370, AB 579)κ
Sec. 19. 1. The money transferred for class-size reduction pursuant to sections 16 and 17 of this act:
(a) May be applied first to pupils considered most at risk of failure.
(b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
2. The money transferred for class-size reduction pursuant to sections 16 and 17 of this act must not be distributed to a school district unless that school district has:
(a) Filed with the Department of Education a plan required by NRS 388.720 for achieving the required ratio set forth in NRS 388.700; and
(b) Demonstrated that, from resources of the school district other than allocations received from the State Distributive School Account for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for each grade for grades 1, 2 and 3, in that school district for the 3 school years immediately preceding the start of the class-size reduction program in the 1990-1991 school year.
Sec. 20. 1. There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund the following sums:
For the Fiscal Year 2011-2012.................................................................................................................................... $7,955,911
For the Fiscal Year 2012-2013.................................................................................................................................... $7,563,582
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. The money appropriated by subsection 1 to finance specific programs as outlined in this subsection are available for both Fiscal Years 2011-2012 and 2012-2013 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:
(a) A total of $54,870 in both Fiscal Year 2011-2012 and Fiscal Year 2012-2013 for successful completion of the National Board Teacher Certification Program;
(b) A total of $668,742 in both Fiscal Year 2011-2012 and Fiscal Year 2012-2013 for Counselor National Board Certification;
(c) A total of $449,142 in both Fiscal Year 2011-2012 and Fiscal Year 2012-2013 for LEA library books;
(d) A total of $1,912,241 in both Fiscal Year 2011-2012 and Fiscal Year 2012-2013 for educational technology; and
(e) A total of $3,543,822 in both Fiscal Year 2011-2012 and Fiscal Year 2012-2013 for career and technical education.
κ2011 Statutes of Nevada, Page 2150 (CHAPTER 370, AB 579)κ
4. Except as otherwise provided in subsection 3, unencumbered balances of the appropriations made by this section for the Fiscal Years 2011-2012 and 2012-2013 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 3, unencumbered balances of these appropriations revert to the State General Fund on or before September 21, 2012, and September 20, 2013, for each fiscal year respectively.
Sec. 21. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 the following sums:
For the Fiscal Year 2011-2012................................................................................................................................. $31,726,287
For the Fiscal Year 2012-2013................................................................................................................................. $32,209,593
2. The money appropriated by subsection 1, excluding those sums set forth in sections 23 and 24 of this act, must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Except as otherwise provided in sections 23 and 24 of this act, the amounts appropriated by subsection 1 must be allocated to the school districts pursuant to section 22 of this act for the continuation of the full-day kindergarten program established pursuant to Assembly Bill No. 4 of the 22nd Special Session, chapter 3, Statutes of Nevada 2005, at page 91.
Sec. 22. 1. Except as otherwise provided in sections 23 and 24 of this act, the Department of Education shall distribute the appropriation made by section 21 of this act to school districts that elect to provide full-day kindergarten. In no event is a school district required to submit an application for an allocation of money or otherwise required to provide full-day kindergarten.
2. Except as otherwise provided in subsection 3, a school district that elects to receive an allocation of money pursuant to this section shall use the money to provide full-day kindergarten in each school within the school district that is prioritized for full-day kindergarten based upon the percentage of pupils enrolled in the school who are eligible for free or reduced price lunches pursuant to 42 U.S.C. §§ 1751 et seq. A school district shall allocate the money by assigning first priority to those schools within the school district that have the highest percentage of pupils who are eligible for free or reduced price lunches. If a school within a school district that is required to provide full-day kindergarten pursuant to this section currently provides full-day kindergarten with money that it receives from the Federal Government or other funding allocations, the school may redirect that money, to the extent authorized by applicable federal law, for other programs of remediation at the school and use the money provided by the Department of Education from the allocation to provide full-day kindergarten.
3. A school that is otherwise required to provide full-day kindergarten pursuant to subsection 2 may opt out of providing full-day kindergarten.
4. A parent or legal guardian of a pupil who is otherwise zoned to attend a public school that provides full-day kindergarten pursuant to this section may request that the pupil not be enrolled in full-day kindergarten. The school district in which the pupil is enrolled shall grant the request and ensure that the pupil is allowed to attend kindergarten, whether at the zoned school or another school, for less than a full day.
κ2011 Statutes of Nevada, Page 2151 (CHAPTER 370, AB 579)κ
Sec. 23. 1. The Department of Education shall transfer from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 to the school districts specified in this section the following sums for Fiscal Years 2011-2012 and 2012-2013:
School District 2011-2012 2012-2013
Clark County School District $3,983,356 $3,983,356
Elko County School District $1,335,736 $1,335,736
Washoe County School District $2,141,856 $2,141,856
TOTAL: $7,460,948 $7,460,948
2. A school district that receives an allocation pursuant to subsection 1 shall serve as fiscal agent for the respective regional training program for the professional development of teachers and administrators. As fiscal agent, each school district is responsible for payment, collection and holding of all money received from this State for the maintenance and support of the regional training program for the professional development of teachers and administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body.
3. Any remaining balance of the transfers made by subsection 1 for the 2011-2012 Fiscal Year must be added to the money received by the school districts for the 2012-2013 Fiscal Year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2012-2013 Fiscal Year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 24. 1. The Department of Education shall transfer from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 to the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516 the sum of $100,000 in Fiscal Years 2011-2012 and 2012-2013 for additional training opportunities for educational administrators in Nevada.
2. The Statewide Council shall use the money:
(a) To disseminate research-based knowledge related to effective educational leadership behaviors and skills.
(b) To develop, support and maintain ongoing activities, programs, training and networking opportunities.
(c) For purposes of providing additional training for educational administrators, including, without limitation, to pay:
(1) Travel expenses of administrators who attend the training program;
(2) Travel and per diem expenses for any consultants contracted to provide additional training; and
(3) Any charges to obtain a conference room for the provision of the additional training.
(d) To supplement and not replace the money that the school district or the regional training program would otherwise expend for the training of administrators as described in this section.
3. Any remaining balance of the transfers made by subsection 1 for the 2011-2012 Fiscal Year must be added to the money received by the Statewide Council for the 2012-2013 Fiscal Year and may be expended as that money is expended.
κ2011 Statutes of Nevada, Page 2152 (CHAPTER 370, AB 579)κ
that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2012-2013 Fiscal Year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 25. 1. Notwithstanding the provisions of subsection 2 of section 26 of chapter 389, Statutes of Nevada 2009, at page 2138, any money remaining in the Grant Fund for Incentives for Licensed Educational Personnel at the end of Fiscal Year 2011 must be carried forward to Fiscal Year 2012 and must be used for the purchase of one-fifth of a year of retirement service credit and other financial incentives for licensed educational personnel for the 2010-2011 school year in accordance with NRS 391.166.
2. Any money carried forward pursuant to subsection 1 that remains unexpended in the Grant Fund for Incentives for Licensed Educational Personnel must not be committed for expenditure after June 30, 2012, and must be reverted to the State General Fund on or before September 21, 2012.
Sec. 26. 1. There is hereby appropriated from the State General Fund to the Grant Fund for Incentives for Licensed Educational Personnel created by NRS 391.166 to purchase one-fifth of a year of retirement service credit and other financial incentives for certain licensed educational personnel in accordance with NRS 391.166:
For the Fiscal Year 2011-2012................................................................................................................................. $13,442,796
For the Fiscal Year 2012-2013................................................................................................................................. $15,855,905
2. The sums transferred by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 27. NRS 387.191 is hereby amended to read as follows:
387.191 1. Except as otherwise provided in this subsection, the proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest must be paid by the county treasurer to the State Treasurer for credit to the State Supplemental School Support Fund, which is hereby created in the State Treasury as a special revenue fund. The county treasurer may retain from the proceeds an amount sufficient to reimburse the county for the actual cost of collecting and administering the tax, to the extent that the county incurs any cost it would not have incurred but for the enactment of this section or NRS 244.33561, but in no case exceeding the amount authorized by statute for this purpose. Any interest or other income earned on the money in the State Supplemental School Support Fund must be credited to the Fund.
2. [The] On and after July 1, 2013, the money in the State Supplemental School Support Fund is hereby appropriated for the operation of the school districts and charter schools of the state, as provided in this section. The money so appropriated is intended to supplement and not replace any other money appropriated, approved or authorized for expenditure to fund the operation of the public schools for kindergarten through grade 12. Any money that remains in the State Supplemental School Support Fund at the end of the fiscal year does not revert to the State General Fund, and the balance in the State Supplemental School Support Fund must be carried forward to the next fiscal year.
κ2011 Statutes of Nevada, Page 2153 (CHAPTER 370, AB 579)κ
3. On or before February 1, May 1, August 1 and November 1 of 2014, and on those dates each year [,] thereafter, the Superintendent of Public Instruction shall transfer from the State Supplemental School Support Fund all the proceeds of the tax imposed pursuant to NRS 244.33561, including any interest or other income earned thereon, and distribute the proceeds proportionally among the school districts and charter schools of the state. The proportionate amount of money distributed to each school district or charter school must be determined by dividing the number of students enrolled in the school district or charter school by the number of students enrolled in all the school districts and charter schools of the state. For the purposes of this subsection, the enrollment in each school district and the number of students who reside in the district and are enrolled in a charter school must be determined as of the last day of the first school month of the school district for the school year. This determination governs the distribution of money pursuant to this subsection until the next annual determination of enrollment is made. The Superintendent may retain from the proceeds of the tax an amount sufficient to reimburse the Superintendent for the actual cost of administering the provisions of this section, to the extent that the Superintendent incurs any cost the Superintendent would not have incurred but for the enactment of this section, but in no case exceeding the amount authorized by statute for this purpose.
4. The money received by a school district or charter school from the State Supplemental School Support Fund pursuant to this section must be used to improve the achievement of students and for the payment of salaries to attract and retain qualified teachers and other employees, except administrative employees, of the school district or charter school. Nothing contained in this section shall be deemed to impair or restrict the right of employees of the school district or charter school to engage in collective bargaining as provided by chapter 288 of NRS.
5. On or before November 10 of 2014, and on that date each year [,] thereafter, the board of trustees of each school district and the governing body of each charter school shall prepare a report to the Superintendent of Public Instruction, in the form prescribed by the Superintendent. The report must provide an accounting of the expenditures by the school district or charter school of the money it received from the State Supplemental School Support Fund during the preceding fiscal year.
6. As used in this section, administrative employee means any person who holds a license as an administrator, issued by the Superintendent of Public Instruction, and is employed in that capacity by a school district or charter school.
Sec. 28. Section 8 of Chapter 4, Statutes of Nevada 2009, at page 8 is hereby amended to read as follows:
Sec. 8. Transitory provision.
1. Notwithstanding the expiration of section 4 of this measure on June 30, 2011, any tax and any interest or penalty owing and unpaid as of that date and collected on or before October 1, 2011, must be paid, deposited and credited to the State General Fund as provided in that section.
2. The Superintendent of Public Instruction shall make the initial transfer from the State Supplemental School Support Fund, as required by section 6 of this measure, on or before February 1, [2012.] 2014.
κ2011 Statutes of Nevada, Page 2154 (CHAPTER 370, AB 579)κ
3. The board of trustees of each school district and the governing body of each charter school shall prepare their initial reports to the Superintendent of Public Instruction, as required by section 6 of this measure, on or before November 10, [2012.] 2014.
Sec. 29. 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning on July 1, 2011, and ending on June 30, 2012, and beginning on July 1, 2012, and ending on June 30, 2013, by the Department of Education for the State Supplemental School Support Fund created by NRS 387.191:
For the Fiscal Year 2011-2012............................................................................................................................... $111,336,000
For the Fiscal Year 2012-2013............................................................................................................................... $115,121,424
2. The Superintendent of Public Instruction shall transfer all money credited to the Supplemental School Support Fund, created by NRS 387.191, on and after July 1, 2011, through June 30, 2013, to the State Distributive School Account.
Sec. 30. 1. Notwithstanding the provisions of NRS 387.1235 and 387.328, for the purposes of the apportionments made pursuant to NRS 387.124, local funds available for public schools include $20,000,000 for Fiscal Year 2011-2012 and $20,000,000 for Fiscal Year 2012-2013 of the money in the county school districts fund for capital projects that was deposited in that fund pursuant to paragraph (b) of subsection 1 of NRS 244.3354 and paragraph (b) of subsection 1 of NRS 375.070.
2. The money available as local funds for public schools pursuant to subsection 1 must be used for purposes other than capital projects for school districts for only the 2011-2013 biennium.
Sec. 31. 1. This section and sections 1 to 16, inclusive, and 18 to 30, inclusive, of this act become effective on July 1, 2011.
2. Section 17 of this act becomes effective on July 1, 2012.
________
κ2011 Statutes of Nevada, Page 2155κ
Assembly Bill No. 580Committee on Ways and Means
CHAPTER 371
[Approved: June 14, 2011]
AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 2011, and ending June 30, 2012, and beginning July 1, 2012, and ending June 30, 2013; providing for the use of the money so appropriated; authorizing the State Treasurer to establish a line of credit under certain circumstances; making various other changes relating to the financial administration of the State; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The sums set forth in sections 2 to 29, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections, and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 2011, and ending June 30, 2012, and beginning July 1, 2012, and ending June 30, 2013.
2011-2012 2012-2013
Sec. 2. The Office and Mansion of the Governor.
For the support of the:
Office of the Governor................................................................. $1,976,476............................................................................... $2,000,617
Governors Mansion..................................................................... 266,037..................................................................................... 328,331
High Level Nuclear Waste........................................................... 643,058..................................................................................... 643,332
Energy Conservation.................................................................... 100............................................................................................. 100
Sec. 3. The Office of Lieutenant Governor.
For the support of the Office of the Lieutenant Governor........... $461,975................................................................................... $494,892
Sec. 4. The Office of Attorney General.
For the support of the:
Attorney General Administration Account............................... $11,758,987............................................................................. $11,375,088
Special Litigation Account........................................................... 230,868..................................................................................... 230,868
Medicaid Fraud Control Unit...................................................... 100............................................................................................. 100
Crime Prevention Program........................................................... 211,016..................................................................................... 214,973
Office of the Extradition Coordinator....................................... 593,478..................................................................................... 595,350
Bureau of Consumer Protection................................................. 1,118,477.................................................................................. 1,132,373
Advisory Council for Prosecuting Attorneys............................ 100............................................................................................. 100
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the Secretary of State.................................................. $8,948,124............................................................................... $9,455,794
HAVA Election Reform............................................................... 100............................................................................................. 100
κ2011 Statutes of Nevada, Page 2156 ( Office of the Governor $1,976,476 $2,000,617)κ
2011-2012 2012-2013
State Business Portal..................................................................... $2,222,676............................................................................... $2,212,687
Sec. 6. The Office of State Treasurer.
For the support of the Office of the State Treasurer...................... $662,012................................................................................... $668,781
Sec. 7. The Office of State Controller.
For the support of the Office of the State Controller..................... $4,048,521............................................................................... $4,055,027
Sec. 8. Department of Administration.
For the support of the:
Budget and Planning Division..................................................... $3,435,145............................................................................... $3,799,602
Division of Internal Audits........................................................... 1,243,065.................................................................................. 1,238,966
Merit Award Board....................................................................... 1,100.......................................................................................... 1,100
National Judicial College and National College of Juvenile and Family Justice.................................................................................................... 130,430..................................................................................... 130,430
Special Appropriations................................................................. 105,000..................................................................................... 105,000
Nevada State Library................................................................... 3,168,397.................................................................................. 2,722,220
Archives and Records................................................................... 1,082,779.................................................................................. 1,100,363
Public Works Division - Facility Condition and Analysis....... 234,303..................................................................................... 240,470
Sec. 9. Department of Taxation.
For the support of the Department of Taxation............................. $25,682,810............................................................................. $25,620,966
Sec. 10. Legislative Fund.
For the support of the:
Legislative Commission............................................................... $285,820................................................................................... $141,150
Audit Division................................................................................. 3,087,383.................................................................................. 3,127,823
Administrative Division................................................................ 8,907,716.................................................................................. 8,859,232
Legal Division................................................................................. 7,954,340.................................................................................. 7,871,244
Research Division.......................................................................... 4,509,947.................................................................................. 4,496,507
Fiscal Analysis Division................................................................ 3,175,941.................................................................................. 3,199,123
Interim Legislative Operations.................................................... 612,401..................................................................................... 613,477
Sec. 11. Supreme Court of Nevada.
For the support of the:
Supreme Court of Nevada........................................................... $3,253,723............................................................................... $3,382,946
Supreme Court Law Library........................................................ 1,621,509.................................................................................. 1,636,312
Judicial Programs and Services Division................................... 618,421..................................................................................... 629,561
Judicial Retirement System State Share.................................... 2,243,200.................................................................................. 2,243,200
Senior Justice and Senior Judge Program.................................. 912,724..................................................................................... 911,893
Judicial Selection........................................................................... 16,180....................................................................................... 16,180
State Judicial Elected Officials.................................................... 20,772,925............................................................................... 21,230,151
Sec. 12. Commission on Judicial Discipline.
For the support of the Commission on Judicial Discipline............ $595,738................................................................................... $589,050
Sec. 13. Commission on Economic Development.
For the support of the:
Commission on Economic Development................................. $2,918,570............................................................................... $1,375,167
κ2011 Statutes of Nevada, Page 2157 ( Office of the Governor $1,976,476 $2,000,617)κ
2011-2012 2012-2013
Rural Community Development................................................ $234,966................................................................................... $242,146
Procurement Outreach Program................................................. 92,752....................................................................................... 96,242
Nevada Catalyst Fund................................................................. 10,000,000 0
Sec. 14. Department of Tourism and Cultural Affairs.
For the support of the:
Cultural Affairs Administration.................................................. $207,150 $0
Division of Museums and History.............................................. 228,589..................................................................................... 184,613
Nevada Historical Society, Reno................................................ 256,947..................................................................................... 207,859
Nevada State Museum, Carson City......................................... 652,139..................................................................................... 528,059
Nevada State Museum, Las Vegas............................................ 753,652..................................................................................... 618,271
Lost City Museum......................................................................... 196,249..................................................................................... 159,531
Nevada State Railroad Museums.............................................. 505,142..................................................................................... 410,422
Nevada Arts Council..................................................................... 610,552..................................................................................... 497,870
Nevada Humanities...................................................................... 40,000....................................................................................... 40,000
Nevada Indian Commission....................................................... 137,215..................................................................................... 137,160
Sec. 15. Department of Education.
For the support of the:
Education State Programs........................................................... $2,817,767............................................................................... $2,792,605
Career and Technical Education................................................ 488,233..................................................................................... 488,233
Teacher Education and Licensing.............................................. 100............................................................................................. 100
Nutrition Education Programs..................................................... 106,934..................................................................................... 107,582
Continuing Education................................................................... 661,861..................................................................................... 661,861
Individuals with Disabilities Education Act.............................. 100............................................................................................. 100
Proficiency Testing........................................................................ 5,689,277.................................................................................. 5,893,010
Discretionary Grants Restricted .............................................. 1,875.......................................................................................... 1,875
Sec. 16. Nevada System of Higher Education.
For the support of the:
System Administration................................................................. $4,980,100............................................................................... $4,980,100
UNLV Dental School.................................................................... 6,404,551.................................................................................. 6,404,551
System Computing Center........................................................... 16,669,848............................................................................... 16,669,848
UNLV Law School........................................................................ 6,570,754.................................................................................. 6,570,754
Desert Research Institute............................................................. 7,421,572.................................................................................. 7,421,572
State-Funded Perkins Loan......................................................... 35,793....................................................................................... 35,793
University of Nevada, Reno........................................................ 119,188,549............................................................................. 119,188,549
School of Medical Sciences......................................................... 26,886,018............................................................................... 26,886,018
University of Nevada, Las Vegas............................................... 135,911,945............................................................................. 135,911,945
College of Southern Nevada....................................................... 77,587,864............................................................................... 77,587,864
Western Nevada College.............................................................. 15,029,964............................................................................... 15,029,964
Truckee Meadows Community College.................................... 30,603,292............................................................................... 30,603,292
Great Basin College....................................................................... 14,031,554............................................................................... 14,031,554
Nevada State College................................................................... 9,111,439.................................................................................. 9,111,439
Special Projects.............................................................................. 1,946,486.................................................................................. 1,946,486
κ2011 Statutes of Nevada, Page 2158 ( Office of the Governor $1,976,476 $2,000,617)κ
2011-2012 2012-2013
Western Interstate Commission for Higher Education Administration ................................................................................... $317,565 $320,116
Western Interstate Commission for Higher Education Loan and Stipend ..................................................................................... 558,554 558,125
Sec. 17. Commission on Postsecondary Education.
For the support of the Commission on Postsecondary Education ................................................................................... $302,827 $301,135
Sec. 18. Department of Health and Human Services.
For the support of the:
Health and Human Services Administration........................... $1,300,361............................................................................... $1,292,319
Grants Management Unit............................................................ 2,749,545..................................................................................... 337,003
Office of the State Public Defender........................................... 1,150,156.................................................................................. 1,158,235
Consumer Health Assistance...................................................... 304,771..................................................................................... 309,687
State Council on Developmental Disabilities........................... 162,660..................................................................................... 162,660
Division of Health Care Financing and Policy:
Nevada Medicaid.................................................................... 506,794,541............................................................................. 489,621,665
Health Care Financing and Policy Administration........... 19,264,369............................................................................... 20,074,689
Nevada Check-Up Program.................................................. 9,762,817.................................................................................. 9,032,030
HIFA Holding Account.......................................................... 96,246 0
Division for Aging and Disability Services:
Aging Federal Programs and Administration..................... 3,999,650.................................................................................. 4,045,513
Community-Based Services.................................................. 12,053,662.................................................................................. 9,664,778
Senior Rx and Disability Rx.................................................. 43,603....................................................................................... 43,396
Division of Child and Family Services:
Community Juvenile Justice Programs............................... 2,349,807.................................................................................. 2,349,615
UNITY/SACWIS..................................................................... 3,113,990.................................................................................. 4,204,177
Child and Family Administration......................................... 4,935,433.................................................................................. 5,016,962
Nevada Youth Training Center............................................ 8,758,397.................................................................................. 8,885,654
Caliente Youth Center............................................................ 7,777,466.................................................................................. 7,856,110
Rural Child Welfare................................................................ 5,752,173.................................................................................. 6,002,881
Youth Alternative Placement................................................ 1,534,481.................................................................................. 1,534,481
Youth Parole Services............................................................. 2,714,118.................................................................................. 2,729,054
Northern Nevada Child and Adolescent Services............. 3,200,061.................................................................................. 3,159,650
Clark County Integration...................................................... 42,750,000............................................................................... 42,750,000
Washoe County Integration.................................................. 14,250,000............................................................................... 14,250,000
Southern Nevada Child and Adolescent Services............. 11,244,555............................................................................... 10,678,194
κ2011 Statutes of Nevada, Page 2159 ( Office of the Governor $1,976,476 $2,000,617)κ
2011-2012 2012-2013
Summit View Youth Correctional Center........................... $1,472,661............................................................................... $1,472,940
Health Division:
Office of Health Administration.......................................... 714,509..................................................................................... 828,373
Maternal Child Health Services............................................ 881,541..................................................................................... 879,181
Early Intervention Services................................................... 19,710,338............................................................................... 22,067,436
Community Health Services................................................. 1,083,651.................................................................................. 1,064,232
Communicable Diseases........................................................ 2,081,040.................................................................................. 2,080,001
Emergency Medical Services................................................ 726,861..................................................................................... 728,487
Immunization Program.......................................................... 579,740..................................................................................... 524,567
Child Care Services................................................................. 15,441....................................................................................... 51,088
Biostatistics and Epidemiology............................................ 340,782..................................................................................... 342,240
Division of Mental Health and Developmental Services:
Mental Health and Developmental Services Administration ........................................................................... 1,949,613 1,978,700
Mental Health Information System.................................... 1,289,084........................................................................... 1,318,440
Southern Nevada Adult Mental Health Services.............. 74,353,953......................................................................... 74,956,332
Northern Nevada Adult Mental Health Services............... 26,418,705......................................................................... 26,605,748
Lakes Crossing Center.......................................................... 8,337,884........................................................................... 8,432,011
Rural Clinics............................................................................. 10,727,274......................................................................... 10,832,793
Desert Regional Center........................................................... 47,516,854......................................................................... 46,332,630
Sierra Regional Center............................................................ 19,120,518......................................................................... 18,629,896
Rural Regional Center............................................................ 8,296,726........................................................................... 7,958,242
Family Preservation Program................................................ 2,638,570........................................................................... 1,596,310
Substance Abuse Prevention and Treatment Agency...... 9,509,326........................................................................... 9,532,651
Division of Welfare and Supportive Services:
Welfare Administration.......................................................... 8,247,937........................................................................... 8,758,699
Welfare Field Services Account............................................ 26,986,019......................................................................... 27,186,569
Assistance to Aged and Blind............................................... 7,887,442........................................................................... 8,189,643
Temporary Assistance for Needy Families......................... 25,721,787......................................................................... 24,705,242
Child Assistance and Development..................................... 2,580,421........................................................................... 2,580,421
Sec. 19. Office of the Military:
For the support of the:
Office of the Military.................................................................... $2,052,385............................................................................... $2,466,085
κ2011 Statutes of Nevada, Page 2160 ( Office of the Governor $1,976,476 $2,000,617)κ
2011-2012 2012-2013
National Guard Benefits.............................................................. $67,438..................................................................................... $73,618
Sec. 20. Office of Veterans Services:
For the support of the:
Commissioner for Veterans Affairs.......................................... $1,581,224............................................................................... $1,505,181
Sec. 21. Department of Corrections.
For the support of the:
Office of the Director.................................................................... $17,513,651............................................................................. $17,344,531
Medical Care.................................................................................. 41,500,109............................................................................... 42,493,089
Correctional Programs.................................................................. 6,954,357.................................................................................. 6,918,813
Southern Nevada Correctional Center...................................... 291,652..................................................................................... 293,017
Southern Desert Correctional Center......................................... 20,781,312............................................................................... 21,439,071
Nevada State Prison...................................................................... 4,275,487....................................................................................... 41,537
Northern Nevada Correctional Center....................................... 25,049,020............................................................................... 25,268,718
Warm Springs Correctional Center............................................. 9,391,187.................................................................................. 9,486,348
Ely State Prison.............................................................................. 25,063,368............................................................................... 24,922,519
Lovelock Correctional Center..................................................... 22,455,040............................................................................... 22,640,343
Florence McClure Womens Correctional Center.................... 14,000,631............................................................................... 13,526,005
Stewart Conservation Camp....................................................... 1,580,156.................................................................................. 1,594,940
Ely Conservation Camp............................................................... 1,266,011.................................................................................. 1,244,915
Humboldt Conservation Camp.................................................. 1,326,964.................................................................................. 1,287,482
Three Lakes Valley Conservation Camp.................................. 2,178,684.................................................................................. 2,201,190
Jean Conservation Camp............................................................ 1,420,885.................................................................................. 1,437,253
Pioche Conservation Camp......................................................... 1,538,304.................................................................................. 1,542,848
Carlin Conservation Camp.......................................................... 1,227,140.................................................................................. 1,230,057
Wells Conservation Camp........................................................... 1,227,390.................................................................................. 1,213,800
Silver Springs Conservation Camp............................................. 9,966.......................................................................................... 9,966
Tonopah Conservation Camp.................................................... 1,227,892.................................................................................. 1,160,541
Northern Nevada Restitution Center......................................... 667,907..................................................................................... 674,767
High Desert State Prison............................................................... 45,120,016............................................................................... 45,562,021
Casa Grande Transitional Housing............................................ 3,310,551.................................................................................. 3,362,191
Sec. 22. Department of Business and Industry.
For the support of the:
Business and Industry Administration...................................... $136,401................................................................................... $147,286
Division of Financial Institutions................................................ 100............................................................................................. 100
Real Estate Administration.......................................................... 801,809..................................................................................... 692,781
Office of Labor Commissioner................................................... 1,405,501.................................................................................. 1,428,869
Nevada Athletic Commission..................................................... 527,768..................................................................................... 533,448
κ2011 Statutes of Nevada, Page 2161 ( Office of the Governor $1,976,476 $2,000,617)κ
2011-2012 2012-2013
Sec. 23. Department of Agriculture.
For the support of the:
Agriculture Administration........................................................... $328,312................................................................................... $318,687
Plant Health and Quarantine Services....................................... 273,323..................................................................................... 277,275
Veterinary Medical Services........................................................ 456,193..................................................................................... 465,398
Predatory Animal and Rodent Control..................................... 488,593..................................................................................... 495,929
Sec. 24. Department of Conservation and Natural Resources.
For the support of the:
Conservation and Natural Resources Administration............ $400,915................................................................................... $400,075
Division of State Parks................................................................. 3,123,142.................................................................................. 3,297,937
Nevada Tahoe Regional Planning Agency............................... 1,371.......................................................................................... 1,371
Division of Forestry....................................................................... 3,749,108.................................................................................. 3,670,116
Forest Fire Suppression................................................................. 2,500,000.................................................................................. 2,500,000
Forestry Conservation Camps.................................................... 5,004,755.................................................................................. 5,034,114
Tahoe Regional Planning Agency.............................................. 868,978..................................................................................... 868,978
Division of Water Resources....................................................... 4,893,192.................................................................................. 4,881,032
Division of State Lands................................................................ 1,034,000.................................................................................. 1,058,516
Division of Conservation Districts.............................................. 145,131..................................................................................... 145,970
State Historic Preservation Office.............................................. 312,057..................................................................................... 297,193
Comstock Historic District........................................................... 150,107..................................................................................... 152,087
Sec. 25. Department of Wildlife.
For the support of the:
Division of Fisheries Management............................................. $149,892................................................................................... $149,892
Division of Diversity...................................................................... 344,873..................................................................................... 344,878
Sec. 26. Department of Employment, Training and Rehabilitation.
For the support of the:
Nevada Equal Rights Commission............................................ $996,409................................................................................... $930,078
Bureau of Vocational Rehabilitation........................................ 2,153,669.................................................................................. 2,137,179
Bureau of Services to the Blind and Visually Impaired......... 595,255..................................................................................... 589,186
Sec. 27. Department of Motor Vehicles.
For the support of the Division of Field Services............................ $12,275..................................................................................... $12,274
Sec. 28. Department of Public Safety.
For the support of the:
Training Division............................................................................ $191,248................................................................................... $194,303
Justice Grant................................................................................... 66,353....................................................................................... 66,723
Nevada Highway Patrol............................................................... 3,031.......................................................................................... 3,031
Dignitary Protection...................................................................... 1,024,543.................................................................................. 1,040,989
Division of Investigations............................................................ 5,531,298.................................................................................. 5,460,418
Division of Emergency Management........................................ 328,417..................................................................................... 323,124
κ2011 Statutes of Nevada, Page 2162 ( Office of the Governor $1,976,476 $2,000,617)κ
2011-2012 2012-2013
State Board of Parole Commissioners....................................... $2,309,119............................................................................... $2,320,627
Division of Parole and Probation................................................ 31,441,961............................................................................... 33,659,340
Central Repository for Nevada Records of Criminal History ............................................................................................. 100 100
Child Volunteer Background Checks........................................ 15,087....................................................................................... 15,087
State Fire Marshal......................................................................... 689,602..................................................................................... 675,897
Office of Homeland Security...................................................... 170,280..................................................................................... 174,530
Sec. 29. Commission on Ethics.
For the support of the Commission on Ethics................................. $152,309................................................................................... $152,238
Sec. 30. The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for the fiscal years beginning July 1, 2011, and ending June 30, 2012, and beginning July 1, 2012, and ending June 30, 2013:
Department of Motor Vehicles:
Office of the Director.................................................................... $4,627,486............................................................................... $2,691,964
Division of Administrative Services........................................... 5,526,275.................................................................................. 5,958,303
Hearings Office.............................................................................. 1,158,597.................................................................................. 1,173,332
Automation.................................................................................... 4,476,855.................................................................................. 5,321,095
Division of Field Services............................................................. 40,682,990............................................................................... 41,676,140
Division of Compliance Enforcement....................................... 4,320,675.................................................................................. 4,379,966
Division of Central Services and Records................................. 7,788,926.................................................................................. 8,339,013
Division of Management Services.............................................. 1,307,000.................................................................................. 1,323,940
Motor Carrier Division.................................................................. 3,133,760.................................................................................. 3,176,965
Department of Public Safety:
Training Division............................................................................ 786,270..................................................................................... 798,723
Nevada Highway Patrol............................................................... 62,893,055............................................................................... 63,890,452
Highway Safety Plan and Administration................................ 224,619..................................................................................... 224,262
Division of Investigations............................................................ 360,652..................................................................................... 364,708
State Emergency Response Commission.................................. 236,495..................................................................................... 245,296
Department of Business and Industry:
Transportation Authority............................................................. 2,539,332.................................................................................. 2,454,070
Legislative Fund:
Legislative Commission............................................................... 5,000.......................................................................................... 5,000
Sec. 31. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate Fiscal Years, 2011-2012 and 2012-2013, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Department of Administration and in accordance with the provisions of the State Budget Act.
κ2011 Statutes of Nevada, Page 2163 ( Office of the Governor $1,976,476 $2,000,617)κ
with the approval of the Governor upon the recommendation of the Director of the Department of Administration and in accordance with the provisions of the State Budget Act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada and the Legislative Fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 32. The sums appropriated to:
1. Individuals with Disabilities Education Act;
2. Forest Fire Suppression;
3. National Guard Benefits;
4. Maternal Child Health Services;
5. Immunization Program;
6. Welfare Administration;
7. Welfare Field Services Account;
8. Temporary Assistance for Needy Families (TANF);
9. Assistance to Aged and Blind;
10. Child Assistance and Development;
11. Nevada Medicaid;
12. Health Care Financing and Policy Administration;
13. Nevada Check-Up Program;
14. Rural Child Welfare;
15. Attorney Generals Special Litigation Account;
16. Attorney Generals Office of the Extradition Coordinator;
17. Commission on Ethics;
18. Clark County Integration;
19. Washoe County Integration;
20. Child Volunteer Background Checks;
21. High Level Nuclear Waste; and
22. State Library & Archives Library Database Program,
Κ are available for both Fiscal Years 2011-2012 and 2012-2013, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 33. Amounts appropriated pursuant to sections 15 and 18 of this act to finance specific programs as outlined in this section are available for both Fiscal Years 2011-2012 and 2012-2013 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:
1. Of the amounts appropriated to the Department of Education, Proficiency Testing, pursuant to section 15 of this act:
(a) A total of $3,516,809 in Fiscal Year 2011-2012 and $3,698,279 in Fiscal Year 2012-2013 for the high school proficiency examination and the criterion-referenced examination.
(b) A total of $684,914 in Fiscal Year 2011-2012 and $642,974 in Fiscal Year 2012-2013 for the state writing proficiency examinations.
κ2011 Statutes of Nevada, Page 2164 ( Office of the Governor $1,976,476 $2,000,617)κ
2. Of the amounts appropriated to the Division of Child and Family Services of the Department of Health and Human Services pursuant to section 18 of this act, a total of $2,816,991 in Fiscal Year 2011-2012 and $2,816,799 in Fiscal Year 2012-2013 to support the costs for mental health placements.
3. Of the amounts appropriated to the Health Division of the Department of Health and Human Services pursuant to section 18 of this act, a total of $1,840,198 in Fiscal Year 2011-2012 and $1,844,797 in Fiscal Year 2012-2013 to support medication costs within the AIDS Drug Assistance Program.
Sec. 34. The sums appropriated to Nevada Medicaid and Health Care Financing and Policy Administration pursuant to section 18 of this act may be transferred between each account for the purpose of implementing a care management program with the approval of the Interim Finance Committee upon the recommendation of the Governor. The care management program must be designed for fee-for-service Medicaid recipients with high cost health care needs, including, without limitation, recipients who are aged, blind or disabled.
Sec. 35. 1. The Department of Health and Human Services shall, to the extent approved by the Centers for Medicare and Medicaid Services and authorized by the State Plan for Medicaid, expand the upper payment limit program to include payments to hospitals not owned by local governments.
2. The Division of Health Care Financing and Policy of the Department shall allocate money for the administrative and related costs to carry out the requirements of this section. The amount allocated for administrative and related costs must be approved by the Interim Finance Committee upon the recommendation of the Governor.
Sec. 36. Of the amounts appropriated by sections 2 to 30, inclusive, of this act, the amounts appropriated in both Fiscal Year 2011-2012 and Fiscal Year 2012-2013 to finance deferred maintenance projects approved as maintenance decision units within agency budgets are available for both Fiscal Year 2011-2012 and 2012-2013 and may be transferred within the same budget account from one year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the deferred maintenance as approved by the Legislature.
Sec. 37. The sums appropriated to the Secretary of State, HAVA Election Reform account, in Fiscal Year 2011-2012 and Fiscal Year 2012-2013 pursuant to section 5 of this act do not lapse to the State General Fund at the end of any fiscal year.
Sec. 38. 1. There is hereby appropriated from the State General Fund the sum of $3,882,973 in Fiscal Year 2011-2012 and $5,429,068 in Fiscal Year 2012-2013 to the Interim Finance Committee for allocation to the Commission on Economic Development to encourage the creation and expansion of businesses in Nevada and the relocation of businesses to Nevada. Money appropriated pursuant to this section shall be allocated by the Interim Finance Committee upon submittal by the Commission on Economic Development, or its successor organization, of a plan for the utilization of the funding, including an analysis of the effectiveness of the economic development programs in the state and the states economic strengths and weaknesses and a state plan for economic development.
κ2011 Statutes of Nevada, Page 2165 ( Office of the Governor $1,976,476 $2,000,617)κ
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, of each fiscal year, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining for each fiscal year must not be spent for any purpose after September 21, 2012, for Fiscal Year 2011-2012 and September 20, 2013, for Fiscal Year 2012-2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, for Fiscal Year 2011-2012 and September 20, 2013, for Fiscal Year 2012-2013.
Sec. 39. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $3,500,000 for the costs of the 76th Legislative Session.
Sec. 40. 1. The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the various divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Years 2011-2012 and 2012-2013, and may be transferred among the Legislative Commission, the various divisions of the Legislative Counsel Bureau and the Interim Legislative Operations and from one fiscal year to another with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
2. The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
Sec. 41. The Administrator of the Public Works Division of the Department of Administration shall on, or as soon as practicable after, July 1, 2011, pursuant to NRS 331.010 to 331.145, inclusive:
1. Relocate the Nevada Equal Rights Commission from its office space in suite 4000 of the Grant Sawyer State Office Building to appropriate space in a state-owned building maintained by the Division in accordance with NRS 331.102 or in office rooms leased and equipped by the Division outside of state buildings pursuant to NRS 331.110; and
2. Allocate suite 4000 of the Grant Sawyer State Office Building to the Legislative Counsel Bureau and charge the Legislative Counsel Bureau the appropriate amount for the rental costs of that space pursuant to NRS 331.102.
Sec. 42. Except as otherwise provided in this section, the total amounts appropriated in section 18 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 32 of this act, except for the amounts appropriated for the Health Care Financing and Policy Administration Account, the Assistance to the Aged and Blind Program, the Welfare Administration Account and the Welfare Field Services Account, are limits. The Divisions shall not request additional money for these programs, except for:
1. Increased state costs in Fiscal Year 2012-2013 in the event that federal financial participation rates are less than legislatively approved effective on October 1, 2012;
κ2011 Statutes of Nevada, Page 2166 ( Office of the Governor $1,976,476 $2,000,617)κ
2. Costs related to additional services mandated by the Federal Government on or after October 1, 2011, and not specifically funded in the Nevada Medicaid account in Fiscal Years 2011-2012 and 2012-2013;
3. Costs related to an increase in the cost-per-eligible for the Temporary Assistance for Needy Families (TANF) population that is higher than the cost-per-eligible used to project Medicaid expenditures for this population in the legislatively approved budget for Fiscal Year 2011-2012 and Fiscal Year 2012-2013; and
4. Increased state costs in Fiscal Year 2011-2012 and Fiscal Year 2012-2013 in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year.
Sec. 43. The amounts appropriated to the Division of Child and Family Services of the Department of Health and Human Services, Clark County Integration and Washoe County Integration accounts, pursuant to section 18 of this act for the purpose of providing block grant allocations to agencies which provides child welfare services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs.
Sec. 44. The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 18 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 45. The sums appropriated to Nevada Medicaid and the Nevada Check-Up Program by section 18 of this act may be transferred between each budget with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 46. The Department of Health and Human Services may, during the 2011-13 biennium, implement a pilot project to provide therapeutic foster care for youths with serious emotional disturbance through nonprofit providers. The sums appropriated to the Division of Child and Family Services and the Division of Health Care Financing and Policy of the Department by section 18 of this act may be transferred between the various budget accounts of each Division for the purpose of implementing a pilot project with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 47. 1. The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a division no longer require the provision of services from the division of the Department.
2. Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services and authorized by the State Plan for Medicaid, must:
(a) Be used to pay administrative and related costs and the States share of the cost for the expansion of the upper payment limit program as required by section 1 of this act.
κ2011 Statutes of Nevada, Page 2167 ( Office of the Governor $1,976,476 $2,000,617)κ
(b) After being used to satisfy the requirements of paragraph (a), be reverted as follows:
(1) In Fiscal Year 2011-2012, $2,500,000 of any excess money transferred to the account created by subsection 1 and remaining after the expansion of the upper payment limit program must be reserved for reversion to the State General Fund and must be reverted to that Fund not later than September 21, 2012.
(2) In Fiscal Year 2012-2013, $7,500,000 of any excess money transferred to the account created by subsection 1 and remaining after the expansion of the upper payment limit program must be reserved for reversion to the State General Fund and must be reverted to that Fund not later than September 20, 2013.
(c) After being used to satisfy the requirements of paragraphs (a) and (b), be used, with the approval of the Interim Finance Committee upon approval of the Governor, to restore funding for:
(1) Rates paid to providers of Medicaid services; and
(2) Restore funding for residential support services for persons suffering from mental illness who are on a waiting list for such services.
3. The Director of the Department of Health and Human Services shall administer the account created by subsection 1.
Sec. 48. The sums appropriated to the Department of Corrections by section 21 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.
Sec. 49. The sums appropriated to any division, agency or section of any department of State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by State General Fund or State Highway Fund appropriations.
Sec. 50. The sums appropriated to the Nevada System of Higher Education by section 16 of this act may be transferred among the various budgets of the Nevada System of Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 51. Upon notification by the federal National Guard Bureau of congressional approval for the relocation of the Nevada Armory-Readiness Center in Elko (State Public Works Board Project 09-C15) to the Nevada Fire Science Academy in Carlin, the Nevada System of Higher Education shall, upon the recommendation of the Governor and with the approval of the Interim Finance Committee, transfer to the Office of the Military funding appropriated in section 16 of this act for the operation and maintenance of the Fire Science Academy for both Fiscal Year 2011-2012 and Fiscal Year 2012-2013, on a pro rata basis in the fiscal year for which the transfer occurs.
Sec. 52. In addition to the requirements of NRS 353.225, for Fiscal Years 2011-2012 and 2012-2013, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.
Sec. 53. 1. Of the sums appropriated by section 16 of this act, any amounts used to match documented research grants in the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the State General Fund.
κ2011 Statutes of Nevada, Page 2168 ( Office of the Governor $1,976,476 $2,000,617)κ
Higher Education which are not committed for expenditure by June 30 of each fiscal year may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the State General Fund.
2. All money appropriated by section 16 of this act other than the sums designated in subsection 1 to match documented research grants is subject to the provisions of section 56 of this act.
Sec. 54. Of the sums appropriated by section 16 of this act, commencing with the last payroll for the fiscal year ending on June 30, 2012, and thereafter, the Nevada System of Higher Education may:
1. Pay the salaries of the professional employees of the System on the first business day of the month immediately following the month in which the salary was earned.
2. Pay the salaries of the professional and classified employees of the System from money appropriated or otherwise available to the System for the fiscal year in which such payments are made.
Sec. 55. There is hereby appropriated from the State General Fund the sum of $364,186 to the Public Employees Retirement Board to be expended for the administration of the Legislators Retirement System for the period from July 1, 2011, through June 30, 2013.
Sec. 56. 1. Except as otherwise provided in sections 37, 53 and 55 of this act, any balances of the appropriations made in this act for the Fiscal Years 2011-2012 and 2012-2013 must not be committed for expenditure after June 30 of each fiscal year by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining cannot be spent for any purpose after September 21, 2012, and September 20, 2013, for each fiscal year respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must revert to the fund from which appropriated on or before September 21, 2012, and September 20, 2013, of each fiscal year respectively.
2. Any balance of the appropriations made to the Legislative Fund by sections 10 and 39 of this act does not revert to the State General Fund but constitutes a balance carried forward.
Sec. 57. The State Controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Department of Administration from the prior fiscal period until the third Friday in September immediately following the end of the fiscal year.
Sec. 58. The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 59. The State Controller shall pay the annual salaries of Supreme Court Justices, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.
κ2011 Statutes of Nevada, Page 2169 ( Office of the Governor $1,976,476 $2,000,617)κ
reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.
Sec. 60. 1. If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he may request from the Director of the Department of Administration a temporary advance from the State General Fund to pay authorized expenses.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.
3. An advance from the State General Fund:
(a) May be approved by the Director of the Department of Administration only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.
(b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.
4. Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 61. 1. If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as described in NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Department of Administration for expenses incurred as a result of activation of the Nevada National Guard.
(b) Is limited to $25,000 per activation as described in subsection 1.
κ2011 Statutes of Nevada, Page 2170 ( Office of the Governor $1,976,476 $2,000,617)κ
4. Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the Emergency Account established by NRS 353.263.
Sec. 62. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the 2011 Legislature for Fiscal Year 2011-2012 or Fiscal Year 2012-2013, the Director of the Department of Administration shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $80,000,000 for Fiscal Year 2011-2012 or 2012-2013, the Governor, pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 63. If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.
Sec. 64. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $138,000 in Fiscal Year 2011-2012 and $6,804,000 in Fiscal Year 2012-2013 to pay any principal and interest that is payable pursuant to NRS 349.074 as amended by section 66 of this act.
Sec. 65. NRS 3.030 is hereby amended to read as follows:
3.030 1. Until the first Monday in January 2009, the annual base salary of each district judge is $130,000. From and after the first Monday in January 2009, the annual base salary of each district judge is $160,000.
2. If a district judge has served in his or her office for at least 4 years, the district judge is entitled to an additional salary of 2 percent of his or her annual base salary for each year of service. The additional salary must not exceed 22 percent of his or her annual base salary.
3. The annual base salaries and the additional salary for longevity must be paid in biweekly installments out of the [District Judges Salary] State Judicial Elected Officials Account of the Supreme Court.
4. No salary of any district judge may be paid in advance.
Sec. 66. Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Treasurer may, on or before August 31, 2013, in the name and on behalf of the State of Nevada, borrow money and evidence such borrowing by the issuance of one or more notes in an aggregate principal amount that does not exceed $160 million.
κ2011 Statutes of Nevada, Page 2171 ( Office of the Governor $1,976,476 $2,000,617)κ
such borrowing by the issuance of one or more notes in an aggregate principal amount that does not exceed $160 million. Each such note:
(a) Must be issued upon the order of the State Treasurer and pursuant to the provisions of the State Securities Law, except to the extent that those provisions are inconsistent with the provisions of this section; and
(b) May be issued without the approval of the State Board of Finance or any other board, commission or agency of this State.
Κ For the purposes of this section and the State Securities Law, the State Treasurer shall be deemed to constitute an agency of the State and any order of the State Treasurer authorizing the issuance of a note pursuant to this section shall be deemed to constitute a resolution authorizing the issuance of the note.
2. Each note authorized pursuant to this section must be:
(a) Issued pursuant to a written contract between the State and the Local Government Pooled Investment Fund, under which the Local Government Pooled Investment Fund agrees to invest in the note or notes issued pursuant to this section. The contract must be executed by the Governor on behalf of the State and by the State Treasurer on behalf of the Local Government Pooled Investment Fund.
(b) Sold to the Local Government Pooled Investment Fund at a price equal to the principal amount borrowed under the note. The total amount invested by the Local Government Pooled Investment Fund in notes issued pursuant to this section must not exceed:
(1) Twenty-five percent of the book value of the total investments of the Local Government Pooled Investment Fund on the date of the investment by the Local Government Pooled Investment Fund; or
(2) One hundred sixty million dollars,
Κ whichever is less. The determination as to whether the requirements of this paragraph are satisfied must be made by the State Treasurer on the date of each investment by the Local Government Pooled Investment Fund in a note issued pursuant to this section. Each such determination shall be deemed to be conclusive and is not affected by any subsequent changes in the book value of the total investments of the Local Government Pooled Investment Fund.
3. Except as otherwise provided in subsection 6, the principal amount outstanding on any notes issued pursuant to this section must bear interest, payable monthly on the first business day of each calendar month, at a rate equal to 50 basis points above the average monthly rate of earnings of all the investments, other than any investments in notes issued pursuant to this section, of money in the Local Government Pooled Investment Fund during the immediately preceding calendar month.
4. The total principal amount borrowed on or before August 31, 2013, pursuant to this section must be repaid in installments in such a manner that:
(a) At least 25 percent of each principal amount borrowed pursuant to this section must be repaid by the first day of the calendar month that is 13 months after the month in which that borrowing occurred;
(b) At least 50 percent of each principal amount borrowed pursuant to this section must be repaid by the first day of the calendar month that is 25 months after the month in which that borrowing occurred;
κ2011 Statutes of Nevada, Page 2172 ( Office of the Governor $1,976,476 $2,000,617)κ
(c) At least 75 percent of each principal amount borrowed pursuant to this section must be repaid by the first day of the calendar month that is 37 months after the month in which that borrowing occurred; and
(d) The entire total principal amount borrowed pursuant to this section must be repaid by the first day of the calendar month that is 49 months after the month in which that borrowing occurred.
Κ The provisions of this subsection do not prohibit the repayment of the principal amount of any note issued pursuant to this section earlier than the periods specified in this subsection.
5. Each note issued pursuant to this section constitutes a general obligation of the State, and the full faith and credit of the State is hereby pledged for the payment of the principal of and interest on the note.
6. If necessary to provide money to any local governments that have invested in the Local Government Pooled Investment Fund, any note issued pursuant to this section, or any portion thereof, may be sold by the Local Government Pooled Investment Fund upon the direction of the State Treasurer. Each note so sold must:
(a) Be payable as to principal on or before the periods specified in subsection 4, except that the note may have a fixed maturity date, without option of redemption, so long as the principal amount of all the notes issued pursuant to this section are retired in accordance with subsection 4.
(b) Bear interest, payable monthly on the first business day of each calendar month, at such a rate or rates as the State Treasurer determines to be sufficient to enable the sale of the note at a price that is not less than the principal amount thereof.
7. Notwithstanding any other provision of law to the contrary, any statutory limitation on the rate of interest that would otherwise apply to securities issued by or on behalf of this State shall be deemed not to apply to any rate of interest payable on any notes issued pursuant to this section.
8. The proceeds from the sale of any notes pursuant to this section to the Local Government Pooled Investment Fund, net of costs of issuance, must be deposited into the State General Fund and used for the general operation of this State.
9. As used in this section, Local Government Pooled Investment Fund means the Local Government Pooled Investment Fund created by NRS 355.167.
Sec. 67. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the Chief are:
1. To appraise the quantity and quality of services rendered by each agency in the Executive Department of the State Government, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of the Executive Department, and to install such plans as are approved by the respective heads of the various agencies of the Executive Department, or as are directed to be installed by the Governor or the Legislature.
3. To cooperate with the State Public Works Board in developing comprehensive, long-range plans for capital improvements and the means for financing them.
κ2011 Statutes of Nevada, Page 2173 ( Office of the Governor $1,976,476 $2,000,617)κ
4. To devise and prescribe the forms for reports on the operations of the agencies in the Executive Department to be required periodically from the several agencies in the Executive Department, and to require the several agencies to make such reports.
5. To prepare the executive budget report for the Governors approval and submission to the Legislature.
6. To prepare a proposed budget for the Executive Department of the State Government for the next 2 fiscal years, which must:
(a) Present a complete financial plan for the next 2 fiscal years;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the Executive Department of the State Government, including those operating on funds designated for specific purposes by the Constitution or otherwise, which must include a separate statement of:
(1) The anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the next 2 fiscal years and of each capital improvement constructed on or after July 1, 1999, which is to be used during those fiscal years or a future fiscal year; and
(2) The proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during the next 2 fiscal years;
(c) Set forth all charges for interest and debt redemption during the next 2 fiscal years [;] , including, without limitation, the debt service on the note or notes authorized by section 66 of this act as if the note or notes were issued in the amount necessary to comply with the minimum reserve requirements in NRS 353.213.
(d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years, and which must, to the extent practicable, provide that each capital project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium; and
(e) Set forth the anticipated revenues of the State Government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.
7. To examine and approve work programs and allotments to the several agencies in the Executive Department, and changes therein.
8. To examine and approve statements and reports on the estimated future financial condition and the operations of the agencies in the Executive Department of the State Government and the several budgetary units that have been prepared by those agencies and budgetary units, before the reports are released to the Governor, to the Legislature or for publication.
9. To receive and deal with requests for information as to the budgetary status and operations of the executive agencies of the State Government.
10. To prepare such statements of unit costs and other statistics relating to cost as may be required from time to time, or requested by the Governor or the Legislature.
11. To do and perform such other and further duties relative to the development and submission of an adequate proposed budget for the Executive Department of the State Government of the State of Nevada as the Governor may require.
κ2011 Statutes of Nevada, Page 2174 ( Office of the Governor $1,976,476 $2,000,617)κ
Sec. 68. NRS 355.167 is hereby amended to read as follows:
355.167 1. The Local Government Pooled Investment Fund is hereby created as an agency fund to be administered by the State Treasurer.
2. Any local government, as defined in NRS 354.474, may deposit its money with the State Treasurer for credit to the Fund for purposes of investment.
3. The State Treasurer may invest the money of the Fund:
(a) In securities which have been authorized as investments for a local government by any provision of NRS or any special law.
(b) In time certificates of deposit in the manner provided by NRS 356.015.
(c) In notes authorized by section 66 of this act.
4. The State Treasurer may lend securities in which he or she invests pursuant to subsection 3 or NRS 355.165 if the State Treasurer receives collateral from the borrower in the form of cash or marketable securities that are:
(a) Acceptable to the State Treasurer; and
(b) At least 102 percent of the value of the securities borrowed.
Κ The State Treasurer may enter into such contracts as are necessary to extend and manage loans pursuant to this subsection.
5. Each local government that elects to deposit money with the State Treasurer for such an investment must:
(a) Upon the deposit, inform the State Treasurer in writing how long a period the money is expected to be available for investment.
(b) At the end of the period, notify the State Treasurer in writing whether it wishes to extend the period.
6. If a local government wishes to withdraw any of its money before the end of the period of investment, it must make a written request to the State Treasurer. Whenever the State Treasurer is required to sell or liquidate invested securities because of a request for early withdrawal, any penalties or loss of interest incurred must be charged against the deposit of the local government which requested the early withdrawal.
7. All interest received on money of the Fund must be deposited for credit to the Fund.
8. The State Treasurer may assess reasonable charges against the Fund for reimbursement of the expenses which he or she incurs in administering the Fund. The amount of the assessments must be transferred to an account within the State General Fund for use of the State Treasurer in carrying out the provisions of this section.
9. At the end of each quarter of each fiscal year, the State Treasurer shall:
(a) Compute the proportion of the total deposits in the Fund which were attributable during the quarter to each local government;
(b) Apply that proportion to the total amount of interest received during the quarter on invested money of the Fund; and
(c) Pay to each participating local government or reinvest upon its instructions its proportionate share of the interest, as computed pursuant to paragraphs (a) and (b), less the proportionate amounts of the assessments for the expenses of administration.
10. The State Treasurer may adopt reasonable regulations to carry out the provisions of this section.
κ2011 Statutes of Nevada, Page 2175 ( Office of the Governor $1,976,476 $2,000,617)κ
Sec. 69. Section 10 of chapter 1, Statutes of Nevada 2008, 25th Special Session, as amended by chapter 388, Statutes of Nevada 2009, at page 2125, is hereby amended to read as follows:
Sec. 10. 1. This act becomes effective upon passage and approval.
[2. Section 2 of this act expires by limitation on June 30, 2013.
3. Sections 1 and 3 of this act expire by limitation on August 31, 2015.]
Sec. 70. Section 45.5 of chapter 381 Statutes of Nevada 2009, at page 2054 is hereby amended to read as follows:
Sec. 45.5 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $6,520,349 for allocation to the Secretary of State to design and implement the state business portal established pursuant to sections 2, 3 and 4 of this act. Money appropriated pursuant to this section may only be allocated by the Interim Finance Committee upon submittal of a detailed plan and budget developed by the Secretary of State.
2. Any remaining balance of the appropriation made by subsection 1 to the Interim Finance Committee must not be committed for expenditure after June 30, [2011,] 2012, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [16, 2011] 21, 2012 by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [16, 2011.] 21, 2012.
Sec. 71. Sections 1, 2 and 3 of chapter 1, Statutes of Nevada 2008, 25th Special Session, and section 68 of chapter 388, Statutes of Nevada 2009, are hereby repealed.
Sec. 72. 1. This section and sections 39, 56, 69, 70 and 71 of this act become effective upon passage and approval.
2. Sections 1 to 38, inclusive, 40 to 55, inclusive, and 57 to 68, inclusive, of this act become effective on July 1, 2011.
3. Section 67 of this act expires by limitation on June 30, 2017.
4. Sections 66 and 68 of this act expire by limitation on September 30, 2017.
________
κ2011 Statutes of Nevada, Page 2176κ
Senate Bill No. 503Committee on Finance
CHAPTER 372
[Approved: June 14, 2011]
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 on July 1, 2011, and ending on June 30, 2012, and beginning on July 1, 2012, and ending on June 30, 2013; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; revising the provisions governing the Secretary of States General Fund Budget Account; eliminating the provision of guardianship services by Office of Veterans Services; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning on July 1, 2011, and ending on June 30, 2012, and beginning on July 1, 2012, and ending on June 30, 2013, by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:
2011-12 2012-13
Governors Office:
High Level Nuclear Waste $624,107 $624,107
Washington Office 247,079 247,079
State Fiscal Stabilization Account 30,120,525 0
Ethics Commission $449,565 $458,258
Energy Conservation $7,288,843 $4,562,274
Renewable Energy, Efficiency and Conservation Loan $2,139,352 $3,922,273
Attorney Generals Office:
Office of the Extradition Coordinator $84,397 $84,397
Attorney General Administration Account 14,012,453 13,980,114
Special Litigation Account $2,700,820 $2,700,820
Workers Comp Fraud 4,284,084 4,250,015
Crime Prevention Program 46,122 46,122
Medicaid Fraud Control Unit 3,591,886 3,252,121
Bureau of Consumer Protection 4,436,479 4,189,393
Violence Against Women Grants 2,404,833 1,836,418
Advisory Council for Prosecuting Attorneys 352,540 382,319
κ2011 Statutes of Nevada, Page 2177 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Victims of Domestic Violence $209,091 $232,459
Attorney General Tort Claim Fund 6,245,448 7,401,506
Office of the State Controller:
Controllers Office $200,000 $0
Debt Recovery Account 280,795 194,966
Office of the Secretary of State:
Secretary of State $3,654,078 $1,835,069
HAVA Election Reform 5,207,219 3,923,044
State Business Portal 123,863 122,848
Office of the State Treasurer:
State Treasurer $1,701,749 $1,723,112
Treasurer Higher Education Tuition Administration 674,542 673,293
Bond Interest and Redemption 290,206,412 275,596,326
Municipal Bond Bank Revenue 28,889,531 28,894,427
Municipal Bond Bank Debt Service 29,057,679 29,058,819
Millennium Scholarship Administration 404,892 408,679
Nevada College Savings Trust 1,936,609 1,942,094
Endowment Account 5,181,038 6,919,805
Unclaimed Property 2,028,556 2,093,844
Department of Administration:
Administration - Hearings Division $4,414,756 $4,485,285
Budget and Planning Division 262,239 310,007
Insurance and Loss Prevention 28,466,004 24,010,573
Motor Pool 4,203,458 4,021,360
Motor Pool Vehicle Purchase 1,111,942 1,166,561
Purchasing Division 2,695,723 2,647,677
Commodity Food Program 9,633,365 9,802,402
Victims of Crime 10,480,273 10,832,637
State Public Works Division-Buildings and Grounds 18,590,630 18,371,997
State Public Works Division-Engineering and Planning 4,866,531 4,927,083
State Public Works Division-Marlette Lake 2,035,408 2,105,826
State Unemployment Compensation 6,108,049 5,085,102
Human Resource Management 8,833,005 8,465,002
Administrative Services Division 2,534,107 2,804,285
Application Support 4,022,947 4,023,880
Office of Chief Information Officer 1,011,189 738,281
Computer Facility 13,325,466 12,562,445
Data Communications and Network Engineering 3,210,873 3,084,849
Telecommunications 3,599,435 3,349,576
Network Transport Services 2,897,115 3,046,248
Security 996,786 915,031
Nevada State Library 1,591,624 1,595,537
κ2011 Statutes of Nevada, Page 2178 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Nevada State Library-Archives and Records $6,609 $6,609
Nevada State Library-CLAN 239,738 240,809
Nevada State Library-Mail Services 7,526,407 7,528,650
Nevada State Library-Mail Services Equipment 294,463 359,098
Supreme Court of Nevada:
Administrative Office of the Courts $5,223,907 $5,061,233
Judicial Programs and Services Division 454,031 455,864
Uniform System of Judicial Records 3,379,588 2,927,747
Judicial Education 1,844,729 1,392,774
Foreclosure Mediation Program 9,657,266 9,555,499
Judicial Support, Governance and Special Events 801,832 806,583
Supreme Court 7,086,136 7,078,751
Specialty Court 7,263,694 7,744,516
Senior Justice and Senior Judge Program 582,005 583,410
Supreme Court Law Library 3,737 3,737
Department of Tourism and Cultural Affairs:
Tourism Development Fund $16,344,217 $17,958,709
Tourism Development 118,936 129,779
Nevada Magazine 1,444,657 1,525,534
Division of Museums and History 137,154 184,613
Lost City Museum 184,244 228,052
Nevada Historical Society 207,066 263,317
Nevada State Museum, Carson City 712,461 855,603
Nevada State Museum, Las Vegas 583,078 755,789
State Railroad Museums 614,335 724,185
Nevada Arts Council 1,171,012 1,310,635
Nevada Indian Commission 40,789 42,922
Commission on Economic Development:
Commission on Economic Development $670,500 $670,500
Nevada Film Office 788,173 795,446
Rural Community Development 3,269,344 3,269,344
Procurement Outreach Program 427,269 429,792
Department of Taxation:
Department of Taxation $720,711 $721,827
Legislative Counsel Bureau:
Legislative Commission $42,018 $36,706
Administrative Division 54,500 49,800
Legal Division 947,359 506,912
Audit Division 75,000 0
Research Division 81,405 81,405
Printing Office 3,053,948 3,394,143
κ2011 Statutes of Nevada, Page 2179 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Commission on Peace Officers Standards and Training:
Peace Officers Standards and Training Commission $2,582,803 $2,581,874
Office of Veterans Services:
Commissioner for Veterans Affairs $938,197 $1,024,769
Veterans Home Account 16,322,002 17,374,076
Department of Education:
School Health Education - AIDS $274,554 $256,183
Educational Trust Fund 58,481 60,481
Education State Programs 115 115
Career and Technical Education 8,730,774 8,787,930
Gear Up 3,034,259 3,034,477
Continuing Education 5,546,200 5,552,141
Nutrition Education Programs 104,301,269 113,925,334
Teacher Education and Licensing 1,659,409 1,562,404
Other Unrestricted Accounts 1,614,008 1,676,204
Discretionary Grants - Restricted 43,097,429 12,977,582
Elementary and Secondary Ed. - Title I 104,540,822 104,521,042
Elementary and Secondary Ed. - Titles II, V & VI 20,350,909 18,455,563
Individuals with Disabilities Education Act (IDEA) 74,730,776 74,803,615
Education Staffing Services 1,474,562 1,499,354
Education Support Services 4,221,743 4,371,570
Nevada System of Higher Education (NSHE):
University of Nevada, Reno $55,998,928 $55,717,588
School of Medical Sciences 3,508,510 3,991,728
System Administration 111,460 111,460
University of Nevada, Las Vegas 91,274,347 91,842,471
UNLV Law School 4,362,953 4,428,527
Great Basin College 3,325,107 3,328,252
UNLV Dental School 6,317,229 6,507,472
Nevada State College 4,404,405 4,439,323
Desert Research Institute 148,486 148,486
College of Southern Nevada 41,352,246 41,273,460
Western Nevada College 4,864,524 4,946,203
Truckee Meadows Community College 12,108,076 12,046,739
Western Interstate Commission for Higher Education
Loan and Stipend 488,315 487,375
Commission on Postsecondary Education $102,259 $109,218
Department of Health and Human Services Administration:
Office of the State Public Defender $1,443,469 $1,470,159
κ2011 Statutes of Nevada, Page 2180 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Health and Human Services Administration $3,758,674 $2,444,699
Developmental Disabilities 487,958 487,962
Grants Management Unit 22,039,247 25,456,520
Directors Office - Problem Gambling 758,952 770,104
Childrens Trust Account 618,860 653,552
Consumer Health Assistance 972,554 955,255
Healthy Nevada Fund 2,826,588 10,145,641
Indigent Supplemental Account 19,268,867 19,278,718
Division of Health Care Financing and Policy:
HIFA Holding Account $96,246 $0
Intergovernmental Transfer Program 133,284,658 107,169,684
Division of Health Care Financing and Policy Administration 109,635,179 124,784,543
Increased Quality of Nursing Care 30,079,617 31,360,392
Nevada Check-Up Program 24,168,518 25,797,731
Nevada Medicaid 1,131,790,547 1,190,862,653
HIFA Medical 595,179 0
Division of Mental Health and Developmental Services:
Southern Nevada Adult Mental Health Services $12,100,691 $12,262,754
Northern Nevada Adult Mental Health Services 5,334,709 5,387,616
Mental Health Information System 371,474 374,506
Family Preservation Program 0 1,159,696
Rural Regional Center 6,658,949 7,038,482
Mental Health and Developmental Services Administration 5,736,045 5,745,340
Substance Abuse Prevention and Treatment Agency 15,176,545 15,148,079
Alcohol Tax Program 1,233,685 1,233,685
Desert Regional Center 39,957,008 41,428,973
Sierra Regional Center 15,871,108 16,431,394
Lakes Crossing Center 251,644 251,644
Rural Clinics 1,820,947 1,849,263
Health Division:
Radiological Health $3,623,252 $3,838,286
Health Radioactive and Hazardous Waste 606,804 638,070
Child Care Services 1,564,170 1,549,115
Cancer Control Registry 987,913 985,902
Health Statistics and Planning 1,601,409 1,580,040
Consumer Health Protection 1,859,467 1,861,336
Early Intervention Services 4,803,507 4,465,906
Immunization Program 4,541,041 4,212,922
WIC Food Supplement 63,199,188 64,086,094
κ2011 Statutes of Nevada, Page 2181 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Communicable Diseases $12,489,094 $12,477,048
Health Facilities Hospital Licensing 11,177,315 11,593,996
Public Health Preparedness Program 14,501,213 14,272,781
Chronic Disease 5,368,177 4,987,305
Biostatistics and Epidemiology 3,410,529 3,409,278
Maternal Child Health Services 6,220,190 6,093,946
Office of Health Administration 7,370,951 8,146,318
Community Health Services 2,918,278 2,924,191
Emergency Medical Services 552,421 219,014
Marijuana Health Registry 1,504,078 1,419,648
Division of Welfare and Supportive Services:
Welfare Administration $21,186,180 $33,227,488
Temporary Assistance for Needy Families 23,431,067 23,953,842
Welfare Field Services Account 49,577,427 49,975,328
Child Support Enforcement Program 15,929,103 15,472,041
Child Support Federal Reimbursement 35,237,108 38,536,485
Welfare - Child Assistance and Development 35,445,052 36,721,356
Welfare - Energy Assistance Program 18,441,391 18,417,240
Division of Aging and Disability Services:
Tobacco Settlement Program $4,383,932 $5,435,811
Aging Federal Programs and Administration 14,776,436 14,147,401
Senior Rx and Disability Rx 5,314,108 6,617,635
Community-Based Services 9,075,663 11,408,902
IDEA Part C Compliance 3,932,144 3,932,143
Division of Child and Family Services:
Community Juvenile Justice Programs $2,128,738 $2,271,759
Washoe County Integration 14,807,336 15,393,809
Clark County Integration 35,894,092 38,258,754
UNITY/SACWIS 2,861,165 3,956,583
Child and Family Administration 12,360,036 12,389,508
Youth Alternative Placement 1,997,618 1,997,618
Caliente Youth Center 228,732 247,901
Victims of Domestic Violence 4,036,547 4,005,995
Rural Child Welfare 10,682,094 11,075,168
Child Welfare Trust 327,271 327,271
Transition from Foster Care 1,732,602 1,737,420
Review of Death of Children 255,665 277,740
Nevada Youth Training Center 377,905 399,272
Youth Parole Services 2,776,534 2,784,339
Northern Nevada Child and Adolescent Services 4,335,966 4,550,497
Southern Nevada Child and Adolescent Services 13,162,705 14,026,550
κ2011 Statutes of Nevada, Page 2182 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Adjutant General:
Office of the Military $13,376,975 $13,801,015
Adjutant Generals Construction Fund 41,820 41,947
Patriot Relief Fund 352,615 190,184
Emergency Operations Center 384,733 392,952
Department of Corrections:
Prison Medical Care $2,062,956 $2,068,450
Offenders Store Fund 18,039,082 17,967,659
Office of the Director 2,009,359 2,011,632
Correctional Programs 726,497 705,851
Warm Springs Correctional Center 11,668 11,845
Northern Nevada Correctional Center 216,615 216,803
Nevada State Prison 21,729 15,919
Prison Industry 5,203,953 4,981,094
Stewart Conservation Camp 81,898 81,899
Pioche Conservation Camp 11,798 11,798
Northern Nevada Restitution Center 417,663 417,663
Three Lakes Valley Conservation Camp 11,994 11,994
Prison Dairy 1,585,684 1,767,357
Southern Desert Correctional Center 234,055 238,575
Wells Conservation Camp 10,274 10,353
Humboldt Conservation Camp 8,230 8,230
Ely Conservation Camp 8,405 8,405
Jean Conservation Camp 8,027 8,146
Ely State Prison 63,687 64,038
Carlin Conservation Camp 11,418 11,418
Tonopah Conservation Camp 8,574 8,574
Lovelock Correctional Center 101,007 103,366
Casa Grande Transitional Housing 546,856 546,856
Florence McClure Womens Correctional Center 73,432 74,392
High Desert State Prison 129,049 129,176
Inmate Welfare Account 4,541,831 4,504,873
Commission on Mineral Resources:
Division of Minerals $2,788,026 $2,863,780
Agriculture:
Gas Pollution Standards $506,379 $531,025
Grade and Certification of Agricultural Products 290,626 287,789
Agriculture Registration/Enforcement 3,627,781 3,787,257
Livestock Inspection 1,536,586 1,398,580
Veterinary Medical Services 395,153 395,153
Weights and Measures 2,453,007 2,739,659
Pest, Plant Disease, Noxious Weed Control 2,731,979 1,338,550
Administration 951,458 899,853
Mormon Cricket and Grasshoppers 831,246 0
Predatory Animal and Rodent Control 426,526 426,526
κ2011 Statutes of Nevada, Page 2183 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Public Utilities Commission:
Public Utilities Commission $13,076,728 $13,033,120
Gaming Control Board:
Gaming Control Board $16,955,840 $17,160,291
Gaming Control Board Investigation Fund 18,981,509 19,198,044
Department of Public Safety:
Home Disaster Assistance Program $531,052 $0
Division of Emergency Management 3,442,298 3,391,446
Emergency Management Assistance Grants 25,566,703 23,627,637
Homeland Security 244,152 245,123
Division of Parole and Probation 6,899,269 6,966,260
Division of Investigations 786,533 516,825
Training Division 3,272 3,272
State Fire Marshal 1,874,556 1,865,673
Cigarette Fire Safe Standard and Firefighter Protection 123,000 224,698
Traffic Safety 3,898,055 3,910,715
Highway Safety Planning and Administration 2,222,898 2,233,084
Motorcycle Safety Program 684,295 604,318
Evidence Vault 566,207 586,824
Forfeitures - Law Enforcement 3,266,762 3,612,153
NHP K-9 Program 49,743 84,072
Directors Office 2,743,695 2,830,725
Office of Professional Responsibility 573,438 579,033
Justice Assistance Act 1,514,473 1,085,741
Central Repository for Nevada Records of Criminal History 16,016,378 15,386,470
Nevada Highway Patrol 1,750,417 1,750,417
Highway Safety Grants Account 1,549,363 1,592,007
Capitol Police 2,615,882 2,622,246
State Emergency Response Commission 1,809,329 2,039,795
Technology Division 6,330,524 6,405,400
Justice Assistance Grant Trust 3,901,111 3,560,250
Justice Grant 423,500 416,471
Fund for Reentry Programs 10,075 10,075
Colorado River Commission:
Colorado River Commission $8,121,870 $7,419,384
Research and Development 3,291,772 4,224,630
Power Delivery System 114,187,278 114,284,584
Power Marketing Fund 26,100,005 26,338,154
Department of Conservation and Natural Resources:
DEP Administration $6,178,779 $6,219,547
DEP Air Quality 7,796,645 7,761,712
DEP Water Pollution Control 5,306,516 5,442,765
DEP Waste Management and Federal Facilities 15,403,198 15,710,307
κ2011 Statutes of Nevada, Page 2184 (CHAPTER 372, SB 503)κ
2011-12 2012-13
DEP Mining Regulation/Reclamation $5,015,829 $5,027,804
DEP State Revolving Fund - Administration 3,476,615 3,578,322
DEP Water Quality Planning 4,395,297 4,438,109
DEP Safe Drinking Water Regulatory Program $3,049,107 $3,172,209
Nevada Natural Heritage Program 730,964 742,960
State Environmental Commission 31,800 31,800
Conservation and Natural Resources Administration 308,140 309,181
DEP Water Planning Capital Improvement 351,128 349,417
Division of State Parks 8,057,557 8,054,394
Bureau of Water Resources 555,764 481,456
Division of State Lands 800,391 786,675
Division of Forestry 2,874,175 2,913,791
Forest Fire Suppression 3,162,179 3,162,179
Forestry Conservation Camps 3,321,973 3,322,163
Tahoe Regional Planning Agency 10,987,973 10,645,608
State Historic Preservation Office 948,612 947,329
Forestry Intergovernmental Agreements 3,764,867 4,197,457
Forestry Nurseries 655,909 587,914
Department of Wildlife:
Wildlife Fund $29,774,064 $28,569,548
Directors Office 3,165,443 3,206,466
Operations 5,132,382 5,178,715
Conservation Education 2,145,121 2,243,941
Law Enforcement 7,667,751 7,477,867
Game Management 4,197,227 4,241,006
Fisheries Management 6,615,746 6,682,360
Diversity 1,907,338 1,645,390
Habitat 5,079,764 4,703,871
Department of Business and Industry:
Nevada Attorney for Injured Workers $3,319,126 $3,300,186
Employee-Management Relations Board 508,202 553,028
Financial Institutions Investigations 578,029 548,185
Insurance Regulation 9,835,419 9,982,350
Manufactured Housing Division 1,498,055 1,424,333
Insurance Examiners 5,325,043 5,473,330
Captive Insurers 1,646,087 1,708,643
Common-Interest Communities 3,435,741 3,310,562
Insurance Recovery 624,890 624,890
Real Estate Administration 1,502,049 1,424,575
Insurance Education and Research 923,250 845,929
Real Estate Education and Research 1,904,817 1,990,627
Real Estate Recovery Account 1,169,500 1,134,720
National Association of Insurance Commissioners 75,960 41,390
κ2011 Statutes of Nevada, Page 2185 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Insurance Cost Stabilization $438,294 $459,147
Financial Institutions 6,350,449 6,304,129
Low-Income Housing Trust Fund 18,119,414 16,370,166
Special Housing Assistance 1,092,447 842,444
Housing Division 24,342,407 10,700,384
Mobile Home Lot Rent Subsidy 430,389 435,419
Mobile Home Parks 300,355 302,952
Manufactured Housing Education/Recovery 206,140 200,308
Financial Institutions Audit 330,744 344,166
Mortgage Lending 3,769,766 3,625,623
Transportation Authority 215,034 215,034
Transportation Authority Administrative Fines 332,422 330,682
Nevada Athletic Commission 274,246 274,246
Taxicab Authority 8,233,586 8,140,980
Dairy Commission 1,817,474 1,947,426
Industrial Relations 6,412,394 6,280,209
Business and Industry Administration 3,175,083 3,531,280
Occupational Safety and Health Enforcement 8,699,496 9,228,248
Industrial Development Revenue Bonds 147,121 173,035
Self-Insured - Workers Compensation 393,576 395,016
Safety Consultation and Training 2,848,838 2,893,209
Mine Safety and Training 1,335,296 1,352,312
Weatherization 13,871,966 5,328,042
Department of Transportation:
Transportation Administration $573,645,984 $565,179,074
Department of Motor Vehicles:
Records Search $7,356,615 $6,520,739
Automation 3,629,437 3,213,731
Motor Carrier 597,748 619,642
Motor Vehicle Pollution Control 10,897,197 11,773,176
Verification of Insurance 4,406,015 3,546,692
Hearings Office 2,585 2,585
Division of Field Services 119,319 119,319
Division of Compliance Enforcement 153,886 154,515
Division of Central Services and Records 3,809,637 3,404,011
Office of the Director 863,275 2,902,677
Division of Administrative Services 6,980,178 6,995,301
REAL ID 871,187 60,907
Department of Employment, Training and Rehabilitation:
Nevada Equal Rights Commission $363,592 $363,592
Blind Business Enterprise Program 5,473,745 5,188,012
Bureau of Services to the Blind and Visually Impaired 3,691,427 3,633,155
Client Assistance Program 197,295 201,471
κ2011 Statutes of Nevada, Page 2186 (CHAPTER 372, SB 503)κ
2011-12 2012-13
Bureau of Vocational Rehabilitation $14,577,800 $14,503,364
Rehabilitation Administration 1,426,403 1,449,877
Disability Adjudication 18,407,914 18,792,365
Administration 5,460,092 5,515,103
Research and Analysis 2,874,049 2,902,536
Information Development and Processing 12,277,889 12,137,747
Employment Security 110,242,828 110,843,210
Employment Security - Special Fund 10,744,876 7,034,566
Public Employees Retirement System:
Public Employees Retirement System $10,456,347 $10,548,997
Deferred Compensation:
Deferred Compensation Committee $439,781 $481,179
Public Employees Benefits:
Public Employees Benefits Program $481,906,262 $487,478,709
Retired Employee Group Insurance 32,507,537 37,161,234
Active Employees Group Insurance 197,532,106 226,299,973
Sec. 2. 1. There is hereby appropriated from the money:
(a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or
(b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,
Κ the sum of $720,467 for Fiscal Year 2011-2012 and the sum of $720,163 for Fiscal Year 2012-2013 to support the operation of the Attorney General Administrative Fund.
2. Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:
(a) Disburse, on or after July 1, 2011, the money appropriated by subsection 1 in its entirety for Fiscal Year 2011-2012 before other disbursements required by law are made;
(b) Disburse, on or after July 1, 2012, the money appropriated by subsection 1 in its entirety for Fiscal Year 2012-2013 before other disbursements required by law are made; and
(c) Thereafter in each fiscal year, disburse all other money appropriated from this same source in the manner provided in NRS 439.630.
3. There is hereby appropriated from the Fund for a Healthy Nevada:
(a) The sum of $615,158 for Fiscal Year 2011-2012 and the sum of $3,289,805 for Fiscal Year 2012-2013, to support the operation of Community-Based Services programs.
(b) The sum of $2,826,588 for Fiscal Year 2011-2012 and the sum of $6,309,333 for Fiscal Year 2012-2013, to support the operation of programs within the Directors Office of the Department of Health and Human Services.
(c) The sum of $1,159,696 for Fiscal Year 2012-13, to support the operation of the Family Preservation Program.
4. Notwithstanding the provisions of subsection 6 of NRS 439.620 to the contrary, the State Controller shall, from the money reserved for allocation by the Aging and Disability Services Division of the Department of Health and Human Services pursuant to paragraph (d) of subsection 1 of NRS 439.630:
κ2011 Statutes of Nevada, Page 2187 (CHAPTER 372, SB 503)κ
the Aging and Disability Services Division of the Department of Health and Human Services pursuant to paragraph (d) of subsection 1 of NRS 439.630:
(a) Disburse, on or after July 1, 2011, the money appropriated by subsection 3 in its entirety for Fiscal Year 2011-2012 before other disbursements are made; and
(b) Disburse, on or after July 1, 2012, the money appropriated by subsection 3 in its entirety for Fiscal Year 2012-2013 before other disbursements are made.
5. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years reverts as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund and 60 percent to the Fund for a Healthy Nevada.
6. Any balance of the sums appropriated by subsection 3 remaining at the end of the respective fiscal years reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.
Sec. 3. 1. Expenditure of $24,561,612 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2011, and ending on June 30, 2012.
2. Expenditure of $24,993,503 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2012, and ending on June 30, 2013.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the State Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 21, 2012, and September 20, 2013, respectively, by either the State Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.
Sec. 4. 1. Expenditure of $342,360 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2011, and ending on June 30, 2012.
2. Expenditure of $343,595 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning on July 1, 2012, and ending on June 30, 2013.
3. Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 21, 2012, and September 20, 2013, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.
κ2011 Statutes of Nevada, Page 2188 (CHAPTER 372, SB 503)κ
Sec. 5. The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 6. 1. Except as otherwise provided in subsection 2 and limited by section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever the Chief determines that money to be received will be less than the amount so authorized in sections 1 to 4, inclusive, of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 7. Except as otherwise provided in section 8, subsection 3 of section 10, sections 13, 15 and 22 of this act and NRS 90.851, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 8. 1. The Nevada System of Higher Education may expend the following fees and tuition collected from the registration of students, resident or nonresident:
2011-2012 2012-2013
University of Nevada, Reno...................... $51,996,181 $51,712,771
University of Nevada, Las Vegas............. 90,577,002 91,145,126
College of Southern Nevada...................... 41,052,774 40,973,988
Western Nevada College............................ 4,813,977 4,895,656
Truckee Meadows Community College.. 12,001,690 11,940,353
Dental School, UNLV.................................. 6,317,229 6,507,472
κ2011 Statutes of Nevada, Page 2189 (CHAPTER 372, SB 503)κ
2011-2012 2012-2013
Great Basin College..................................... $3,304,410 $3,307,555
UNLV Law School....................................... 4,362,953 4,428,527
School of Medical Sciences....................... 3,498,340 3,981,558
Nevada State College.................................. 4,347,697 4,382,615
2. The Nevada System of Higher Education may expend any additional registration fees collected from students for the purpose of meeting the salaries and related benefits for incremental instructional faculty necessary as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend, with the approval of the Interim Finance Committee, any additional nonresident tuition fees and any additional registration fees not utilized for incremental instructional faculty costs in addition to the authorized amounts for the respective years. The Nevada System of Higher Education may also expend, with the approval of the Interim Finance Committee, any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases.
3. At the close of Fiscal Years 2011-2012 and 2012-2013, the amounts authorized for the Nevada System of Higher Education, exclusive of the Western Interstate Commission for Higher Education, as provided in section 1 of this Act, shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this Act, combined with authorized funds approved by the Board of Regents or the Interim Finance Committee, if applicable, shall not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Years 2011-2012 and 2012-2013.
4. Authorized revenues generated in excess of amounts included in section 1 of this Act, combined with authorized revenues approved by the Board of Regents or the Interim Finance Committee, if applicable, shall be utilized to decrease State General Fund appropriations to the extent that the receipts of revenues exceed total authorized amounts within an account at the close of Fiscal Years 2011-2012 and 2012-2013.
Sec. 9. 1. Whenever claims which are payable and properly approved exceed the amount of cash in an account of the Department of Wildlife, the State Controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the State General Fund to that account, such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable in that account from the Federal Government in the same fiscal year as authorized in section 1 of this act.
2. The Director of the Department of Administration shall provide written notification to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1.
3. Any money which is temporarily advanced pursuant to this section from the State General Fund to the Department of Wildlife must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 10. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:
κ2011 Statutes of Nevada, Page 2190 (CHAPTER 372, SB 503)κ
For the fiscal For the fiscal
year ending on year ending on
June 30, 2012 June 30, 2013
Carson City..................................... $978,924 $997,024
Eureka County............................... 61,760 62,902
Storey County................................ 55,410 56,434
White Pine County........................ 347,375 353,799
Totals............................................... $1,443,469 $1,470,159
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 2011 Legislature for employees of the State Public Defenders Office for Fiscal Year 2011-2012 and Fiscal Year 2012-2013.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his or her services.
Sec. 11. In Fiscal Years 2011-2012 and 2012-2013, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.
Sec. 12. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 7 of this act.
Sec. 13. Money authorized for expenditure in section 1 of this act for the State Fire Marshal from the Contingency Account for Hazardous Materials must be expended to support eligible training programs and related operating costs before any State General Funds may be expended for such training programs.
Sec. 14. Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for support of the central reporting unit that remains unexpended on June 30 may be carried forward to the next fiscal year for that purpose, notwithstanding the provisions of section 7 of this act.
Sec. 15. 1. If the Commissioner of Insurance determines that delays in the collection of fee revenues for the Insurance Regulation Account during Fiscal Year 2011-2012 or Fiscal Year 2012-2013 will result in insufficient revenues to pay authorized expenditures, the Commissioner may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration for the payment of authorized expenses.
2. The Director of the Department of Administration shall provide written notification to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of the approval by the Director of the Department of Administration.
3. An advance from the State General Fund approved pursuant to this section is limited to an amount not to exceed one-sixth of anticipated operating expenditures.
κ2011 Statutes of Nevada, Page 2191 (CHAPTER 372, SB 503)κ
4. Any money which is temporarily advanced from the State General Fund to the Insurance Regulation Account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 16. 1. If the Director of the Department of Health and Human Services determines that delays in the receipt of revenue for vital records fees will result in insufficient revenue to pay authorized expenditures, he or she may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support operational costs of the Health Statistics and Planning Account.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.
3. An advance from the State General Fund approved by the Director of the Department of Administration as authorized pursuant to this section is limited to $600,000 in the Fiscal Year beginning on July 1, 2011, and ending June 30, 2012, and $600,000 in the Fiscal Year beginning on July 1, 2012, and ending June 30, 2013.
4. Any money which is temporarily advanced from the State General Fund to the Health Statistics and Planning Account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 17. Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loan and Stipend Account may balance forward to the subsequent fiscal year for expenditure on Health Care Access Program Loan Repayment slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this Act which were received after May 15 of each fiscal year in the 2011-2013 biennium.
Sec. 18. Not later than June 30, 2011, the Department of Public Safety shall transfer any remaining balance in the revolving account for grants to persons who own and occupy homes damaged by a disaster, created pursuant to section 5 of Chapter 432, Statutes of Nevada 2005, at page 1933, to the State General Fund for unrestricted State General Fund use.
Sec. 19. Notwithstanding any provision of law to the contrary, the State Controller shall, not later than June 30, 2011, transfer the sum of $1,500,000 from the Radiological Health Account of the Department of Health and Human Services to the State General Fund for unrestricted State General Fund use.
Sec. 20. 1. If the Director of the Office of Energy determines that delays in the collections of revenues from the property tax abatement program for the Energy Conservation Account during Fiscal Year 2011-2012 or Fiscal Year 2012-2013 will result in insufficient revenues to pay authorized expenditures, he or she may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration for the payment of authorized expenditures.
2. The Director of the Department of Administration shall provide written notification to the State Controller and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1.
κ2011 Statutes of Nevada, Page 2192 (CHAPTER 372, SB 503)κ
Bureau of his or her approval of a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of the approval by the Director of the Department of Administration.
3. An advance from the State General Fund approved pursuant to this section is limited to 25 percent of the revenues expected to be received in Fiscal Year 2011-2012 or Fiscal Year 2012-2013 from any source other than legislative appropriation.
4. Any money that is temporarily advanced from the State General Fund pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 21. Money deposited in the Emergency Operations Center Account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 may be carried forward to the next fiscal year.
Sec. 22. If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund, the Division or County may, notwithstanding the provision of section 7 of this act, and with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services.
Sec. 23. 1. If the Executive Director for Veterans Services determines that delays in the receipt of federal reimbursement for services provided by the Veterans Home Account will result in insufficient revenues in Fiscal Year 2011-2012 or Fiscal Year 2012-2013 to pay authorized expenditures, the Executive Director may submit a request for a temporary advance of up to $400,000 from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support operational costs of the Veterans Homes.
2. The Director of the Department of Administration shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of the approval by the Director of the Department of Administration.
3. Any money which is temporarily advanced from the State General Fund to the Veterans Home Account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.
Sec. 24. Notwithstanding the provisions of NRS 680B.070, the Commissioner of Insurance shall not impose any amount pursuant to subsection 1 of NRS 680B.070 in Fiscal Year 2011-2012 and Fiscal Year 2012-2013 against each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care, prepaid limited health service organization and motor club to cover the assessment levied upon this State by the National Association of Insurance Commissioners.
Sec. 25. The State Controller shall, as soon as practicable in each year of the 2011-2013 biennium:
1. Notwithstanding the provisions of NRS 482.180, transfer the commissions collected by the Department of Motor Vehicles pursuant to subsection 6 of NRS 482.180 in an amount not to exceed $20,894,228 in Fiscal Year 2011-2012 and $20,894,228 in Fiscal Year 2012-2013, to the State General Fund for unrestricted State General Fund use.
κ2011 Statutes of Nevada, Page 2193 (CHAPTER 372, SB 503)κ
2. Notwithstanding the provisions of NRS 371.140, transfer the penalties retained by the Department of Motor Vehicles pursuant to subsection 1 of NRS 371.140 in an amount not to exceed $4,672,213 in Fiscal Year 2011-2012 and $4,672,213 in Fiscal Year 2012-2013, to the State General Fund for unrestricted State General Fund use.
Sec. 26. Notwithstanding the provisions of NRS 408.235, the costs of administration of the Department of Motor Vehicles for Fiscal Year 2011-2012 and Fiscal Year 2012-2013 for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 33 percent of the total proceeds so collected.
Sec. 27. NRS 90.851 is hereby amended to read as follows:
90.851 1. All money received by the Administrator as the result of an action for the enforcement of the provisions of this chapter must be deposited in the State General Fund for credit to the Secretary of States Operating General Fund Budget Account.
2. The [Division shall use the] money deposited in the Account pursuant to this section [to] may be used:
(a) To pay the expenses of the Office of the Secretary of State involved in:
[(a)] (1) Investigations [of] by the [Division] Office involving securities;
[(b)] (2) Actions to enforce the provisions of this chapter; and
[(c)] (3) Providing educational programs for the public which are related to the operations of the [Division.] Office.
(b) For any other purpose related to the Office of the Secretary of State, with the approval of the Legislature or the Interim Finance Committee when the Legislature is not in session.
3. The money deposited in the Account pursuant to this section , including money deposited in excess of the amount authorized by the Legislature, is restricted to the uses specified, and the unexpended balance of [the] that money [in the Account] may be carried forward at the end of each fiscal year.
Sec. 28. NRS 417.220 is hereby amended to read as follows:
417.220 1. The Account for Veterans Affairs is hereby created in the State General Fund.
2. Money received by the Executive Director or the Deputy Executive Director from:
(a) Fees charged pursuant to NRS 417.210;
(b) Allowances for burial from the Department of Veterans Affairs or other money provided by the Federal Government for the support of veterans cemeteries;
(c) Receipts from the sale of gifts and general merchandise;
(d) Grants obtained by the Executive Director or the Deputy Executive Director for the support of veterans cemeteries; and
(e) Except as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of money and proceeds derived from the sale of gifts of personal property that he or she is authorized to accept, if the use of such gifts has not been restricted by the donor,
Κ must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, whichever is appropriate.
κ2011 Statutes of Nevada, Page 2194 (CHAPTER 372, SB 503)κ
3. The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on [:
(a) Money] money appropriated from the State General Fund to the Account for Veterans Affairs.
[(b) Fees charged pursuant to NRS 417.110 that are deposited in the Account for Veterans Affairs.]
4. The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected. In addition to personnel he or she is authorized to employ pursuant to NRS 417.200, the Executive Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Executive Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.
5. Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.
6. The Gift Account for Veterans Cemeteries is hereby created in the State General Fund. Gifts of money that the Executive Director or the Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.
7. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he or she is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans cemetery in northern Nevada or the veterans cemetery in southern Nevada, as appropriate.
Sec. 29. NRS 417.110, 417.113, 417.117, 417.120, 417.130 and 417.140 are hereby repealed.
Sec. 30. 1. This section and sections 18, 19 and 27 of this act become effective upon passage and approval.
2. Sections 1 to 17, inclusive, sections 20 to 26, inclusive, and sections 28 and 29, inclusive, of this act become effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2195κ
Senate Bill No. 504Committee on Finance
CHAPTER 373
[Approved: June 14, 2011]
AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $27,133,179 for the capital improvements summarized in this section. This amount is allocated to projects numbered and described in the Executive Budget for the 2011-2013 biennium or otherwise described as follows:
Description Project No. Amount
1. Capital improvements for the Department of Administration:
Upgrade electrical power-Stewart Facility....................................................................... 11-M08.................................................................................................................................... $1,252,739
Upgrade electrical power supply-Blasdel Building......................................................... 11-M09........................................................................................................................................ $723,277
Statewide Roofing Program................................................................................................. 11-S01.................................................................................................................................... $3,096,918
Statewide ADA Program....................................................................................................... 11-S02........................................................................................................................................ $149,999
Statewide Fire and Life Safety Program............................................................................ 11-S03.................................................................................................................................... $3,203,396
Statewide Fire and Life Safety Program-Highway Fund............................................. 11-S03h.......................................................................................................................................... $33,077
Statewide Advance Planning Program............................................................................... 11-S04........................................................................................................................................ $704,546
2. Capital improvements for the State Department of Conservation and Natural Resources:
Roof, Mechanical Screen and HVAC Replacement-Valley of Fire State Park Visitor Center 11-M32............................................................................................................................... $261,458
3. Capital improvements for the Department of Corrections:
Replace doors, locks and control panels-Southern Desert Correctional Center....... 11-M15.................................................................................................................................... $3,356,250
Evaporative media replacement-High Desert State Prison.......................................... 11-M21........................................................................................................................................ $734,637
Replace boiler-Lovelock Correctional Center Central Plant........................................ 11-M30.................................................................................................................................... $1,512,714
κ2011 Statutes of Nevada, Page 2196 (CHAPTER 373, SB 504)κ
Description Project No. Amount
Upgrade culinary walk-in freezer and refrigerators-Northern Nevada Correctional Center 11-M34............................................................................................................................... $846,048
4. Capital improvements for the Department of Health and Human Services:
HVAC System Renovation-Lakes Crossing................................................................... 11-M25........................................................................................................................................ $427,129
HVAC Renovation-Northern Nevada Adult Mental Health Services Buildings 1, 2 and 5 11-M26........................................................................................................................................ $752,638
HVAC Renovation-Desert Regional Center Building 1391......................................... 11-M38........................................................................................................................................ $804,321
5. Capital improvements for the Office of the Military:
Replace fire protection ponds with underground storage tanks-Stead Army Aviation Support Facility............................................................................................................................. 11-M04.......................................................................................................................................... $57,878
Replace vehicle exhaust systems-Facility Maintenance Shop and Combined Support Maintenance Shop Buildings-North Las Vegas Armory........................................ 11-M05.......................................................................................................................................... $23,829
Install emergency generator-Stead Army Aviation Support Facility.......................... 11-M06.......................................................................................................................................... $77,055
HVAC Renovation-Nevada Army National Guard Stead Dining Facility................ 11-M29.......................................................................................................................................... $15,826
Energy Efficiency Improvements at Field Maintenance Shop and Central Support Maintenance Shop facilities-Carson City and Las Vegas................................................................ 11-E06.......................................................................................................................................... $32,224
Electrical upgrades for simulator power at Stead Training Facility.............................. 11-E07.......................................................................................................................................... $30,581
Advance Planning-Army National Guard Aviation Support Facility at Elko Airport 11-E08.......................................................................................................................................... $99,022
Remodel Hangar C12 VIP waiting area at Stead Nevada Army National Guard.... 11-E11.......................................................................................................................................... $25,995
Replace hangar door seals and concrete flatwork-Stead Army Aviation Support Facility 11-E12.......................................................................................................................................... $18,862
6. Capital Improvements for the Nevada System of Higher Education:
NSHE Deferred Maintenance (HECC/SHECC)............................................................. 11-M39.................................................................................................................................... $7,622,912
7. Capital improvements for the Department of Wildlife:
κ2011 Statutes of Nevada, Page 2197 (CHAPTER 373, SB 504)κ
Description Project No. Amount
Reno Wildlife Headquarters-Install Electrical and Sprinkler System......................... 11-M01.................................................................................................................................... $1,269,848
Sec. 2. Any remaining balance of the allocated amounts authorized in section 1 of this act must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015.
Sec. 3. 1. The State Board of Finance may issue the bonds authorized pursuant to section 1 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in that section.
2. The State Controller may advance temporarily from the State General Fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Division of the Department, until the date on which bonds authorized by section 1 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 1 of this act. The State Controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the State General Fund upon the sale of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.
3. The Chief of the Budget Division of the Department of Administration shall provide written notification to the State Controller and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the State General Fund to the State Public Works Division pursuant to subsection 2.
Sec. 4. There is hereby appropriated from the State Highway Fund to the State Public Works Division of the Department of Administration the sum of $2,413,578 to support the Division in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the Executive Budget for the 2011-2013 biennium or otherwise described as follows:
Description Project No. Amount
1. Advance planning-DMV building in south Reno........................................................... 11-E02........................................................................................................................................ $321,913
2. Advance planning-DMV building in Las Vegas............................................................. 11-E04........................................................................................................................................ $332,571
3. Design, construction of flood water protection improvements at Carson City DMV building-Phase 1a........................................................................................................................... 11-E05........................................................................................................................................ $363,348
4. Carson City DMV Computer Room HVAC Unit Installation................................... 11-M31........................................................................................................................................ $171,050
5. Carson City DMV roof replacement.............................................................................. 11-S01h.................................................................................................................................... $1,035,651
6. Statewide Fire and Life Safety Program-Highway Fund............................................ 11-S03h........................................................................................................................................ $189,045
Sec. 5. Any remaining balance of the appropriation made by section 4 of this act must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 18, 2015.
κ2011 Statutes of Nevada, Page 2198 (CHAPTER 373, SB 504)κ
portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 18, 2015.
Sec. 6. The amounts appropriated pursuant to section 4 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the State Highway Fund until required to make contract payments.
Sec. 7. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $11,595,811 from the amounts authorized pursuant to section 9 of chapter 440, Statutes of Nevada 2009, at page 2460, for the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-C02a, New 36-bed child and adolescent hospital-Southern Nevada Child and Adolescent Services, to projects as authorized in subsection 2.
2. The State Public Works Division shall use the $11,595,811 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvements summarized in this subsection.
Description Project No. Amount
Laxalt Building-ceiling and wall repair................................................................................... 11-M03.......................................................................................................................................... $35,034
Separate fire/smoke system and upgrade HVAC at Grant Sawyer Building-Advance Planning 11-M08a............................................................................................................................. $401,388
Culinary, laundry, and dining improvements at Southern Desert Correctional Center (Core Expansion Phase III)..................................................................................................... 11-C01.................................................................................................................................... $4,961,872
Install electronic door controls-Warm Springs Correctional Center.................................. 11-M14.................................................................................................................................... $1,534,431
HVAC replacement-Northern Nevada Correctional Center Regional Medical Facility 11-M27.................................................................................................................................... $1,341,470
Replace flooring-Northern Nevada Correctional Center Regional Medical Facility...... 11-M49........................................................................................................................................ $445,519
HVAC Renovation-Desert Regional Center Building 1300................................................ 11-M37........................................................................................................................................ $313,706
Water tower maintenance, paint, controls and pumps-Floyd Edsall Training Center facility 11-M45........................................................................................................................................ $178,456
NSHE Deferred Maintenance (HECC/SHECC)................................................................... 11-M39.................................................................................................................................... $2,377,088
Statewide Fire and Life Safety Program.................................................................................. 11-S03............................................................................................................................................ $6,847
Sec. 8. 1. The State Public Works Division of the Department of Administration shall transfer the sum of $2,683,208 from the amounts authorized pursuant to section 3 of chapter 347, Statutes of Nevada 2007, at page 1641, for the project numbered and described in the Executive Budget for the 2007-2009 biennium or otherwise described as project 07-M48, Surveillance cameras, NNCC and NSP, to projects as authorized in subsection 2.
κ2011 Statutes of Nevada, Page 2199 (CHAPTER 373, SB 504)κ
2. The State Public Works Division shall use the $2,683,208 transferred pursuant to subsection 1 to support the Division in carrying out the program of capital improvements summarized in this subsection. This amount is allocated to the project numbered and described in the Executive Budget for the 2011-2013 biennium or otherwise described as project 11-M60, Surveillance cameras and recording devices-Ely State Prison.
Sec. 9. Any remaining balance of the amounts transferred in sections 7 and 8 of this act must not be committed for expenditure after June 30, 2015, and any portion of the allocated money remaining must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015.
Sec. 10. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2011-2013 biennium or otherwise described as follows:
Description Project No. Amount
1. Advance planning-DMV building in south Reno........................................................... 11-E02.......................................................................................................................................... $35,768
2. Lake Mead Fish Hatchery-Advance Planning for pipeline and water treatment infrastructure............................................................................................................................................ 11-E03........................................................................................................................................ $466,429
3. Advance planning-DMV building in Las Vegas............................................................. 11-E04.......................................................................................................................................... $36,952
4. Energy Efficiency Improvements at Field Maintenance Shop and Central Support Maintenance Shop facilities-Carson City and Las Vegas....................................... 11-E06........................................................................................................................................ $345,341
5. Electrical upgrades for simulator power at Stead Training Facility............................ 11-E07........................................................................................................................................ $145,025
6. Advance Planning-Army National Guard Aviation Support Facility at Elko Airport 11-E08........................................................................................................................................ $285,973
7. Remodel Hangar C12 VIP waiting area at Stead Nevada Army National Guard.. 11-E11.......................................................................................................................................... $81,210
8. Replace hangar door seals and concrete flatwork-Stead Army Aviation Support Facility 11-E12........................................................................................................................................ $118,953
9. Replace fire protection ponds with underground storage tanks-Stead Army Aviation Support Facility............................................................................................................................. 11-M04........................................................................................................................................ $501,605
10. Replace vehicle exhaust systems-Facility Maintenance Shop and Combined Support Maintenance Shop Buildings-North Las Vegas Armory........................................ 11-M05........................................................................................................................................ $127,006
11. Install emergency generator-Stead Army Aviation Support Facility...................... 11-M06........................................................................................................................................ $710,252
κ2011 Statutes of Nevada, Page 2200 (CHAPTER 373, SB 504)κ
Description Project No. Amount
12. HVAC Renovation-Nevada Army National Guard Stead Dining Facility............ 11-M29........................................................................................................................................ $102,950
13. Roof, Mechanical Screen and HVAC Replacement-Valley of Fire State Park Visitor Center.......................................................................................................................................... 11-M32........................................................................................................................................ $121,071
14. Water tower maintenance, paint, controls and pumps-Floyd Edsall Training Center facility 11-M45............................................................................................................................... $145,673
15. Statewide Environmental Program................................................................................. 11-S06........................................................................................................................................ $200,000
16. Statewide Building Official Projects .............................................................................. 11-S09........................................................................................................................................ $924,112
Sec. 11. The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.
Sec. 12. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite the completion of the project.
Sec. 13. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $490,000 in Fiscal Year 2011-2012, as provided in NRS 233C.225, for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.
Sec. 14. 1. An ad valorem tax of 15.55 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2011, and ending on June 30, 2012, and an ad valorem tax of 15.55 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2012, and ending on June 30, 2013. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State including the net proceeds of minerals and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 0.55 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.
2. An ad valorem tax of 1.45 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2011, and ending on June 30, 2012, and an ad valorem tax of 1.45 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2012, and ending on June 30, 2013. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State including the net proceeds of minerals and excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session. Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.
κ2011 Statutes of Nevada, Page 2201 (CHAPTER 373, SB 504)κ
imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.
3. The proceeds of the taxes levied by this section are hereby appropriated for each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.
Sec. 15. 1. On or before July 1, 2011, and July 1, 2012, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 14 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, the State Treasurer shall ask the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.
2. If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.
3. The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;
(b) The amount of money transferred from the State General Fund pursuant to subsection 2; and
(c) The amount of money which reverts to the State General Fund pursuant to subsection 2.
Sec. 16. The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 76th Session of the Nevada Legislature from the proceeds of those bonds.
Sec. 17. 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $157,663,910 for the fiscal year beginning on July 1, 2011, and ending on June 30, 2012, and in the amount of $167,264,898 for the fiscal year beginning on July 1, 2012, and ending on June 30, 2013.
2. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for any account within the Consolidated Bond Interest and Redemption Fund for the payment of principal, interest and related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.
κ2011 Statutes of Nevada, Page 2202 (CHAPTER 373, SB 504)κ
and related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.
Sec. 18. With the approval of the Interim Finance Committee, the State Public Works Division of the Department of Administration and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1, 7 and 19 of this act.
Sec. 19. The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the Special Capital Construction Fund for Higher Education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Division of the Department of Administration in the sum of $5,000,000 for the project numbered and described in the Executive Budget for the 2011-2013 biennium or otherwise described as project 11-M39, NSHE Deferred Maintenance (HECC/SHECC).
Sec. 20. Any remaining balance of the appropriation made by section 19 of this act must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund of origin on or before September 18, 2015.
Sec. 21. Section 5 of chapter 585, Statutes of Nevada 2001, as last amended by section 29 of chapter 440, Statutes of Nevada 2009, at page 2466, is hereby amended to read as follows:
Sec. 5. 1. Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, must not be committed for expenditure after June 30, 2005, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2005.
2. Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for project 01-C4, New State Motor Pool building, must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007.
3. Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for project 01-C16, furnishings and build-out, Redfield campus, phase I, UNR, must not be committed for expenditure after June 30, 2006, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2006.
κ2011 Statutes of Nevada, Page 2203 (CHAPTER 373, SB 504)κ
4. Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for the following projects, must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007:
Description Project No.
(a) Finalize southern Nevada veterans home.............................................................................................. 01-C8
(b) Special childrens clinic addition and remodel........................................................................................ 01-C9
(c) Capitol, capitol annex and Blasdel building renovations................................................................... 01-C10
(d) Furnishings and build-out of library and student center, WNCC...................................................... 01-C18
(e) Telecommunications building on Cheyenne campus, CCSN......................................................... 01-C29L
(f) HVAC upgrades at computer facility, Carson City............................................................................ 01-M26
(g) Replace boiler, pumps and piping at computer facility, Carson City.............................................. 01-M27
(h) Statewide roofing program.......................................................................................................................... 01-S1
(i) Statewide ADA program............................................................................................................................... 01-S2
(j) Statewide fire sprinkler program................................................................................................................. 01-S3
5. Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for the following projects, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009:
Description Project No.
(a) National Guard Rural Armory renovations.......................................................................................... 01-C12
(b) Planning, design and utility infrastructure for science and engineering complex, UNLV............. 01-C15
(c) Wright Hall addition and renovation, UNLV........................................................................................ 01-C23
6. Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for [the following projects,] project 01-C24, New campus library, UNR, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011 . [;
Description Project No.
(a) New campus library, UNR........................................................................................................................ 01-C24
(b) Academic and student services building, NSC.................................................................................... 01-C25]
7. Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for project 01-C25, Academic and student services building, NSC, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.
κ2011 Statutes of Nevada, Page 2204 (CHAPTER 373, SB 504)κ
Sec. 22. 1. Section 2 of chapter 398, Statutes of Nevada 2005, at page 1547, as last amended by section 31 of chapter 440, Statutes of Nevada 2009, at page 2468, is hereby amended to read as follows:
Sec. 2. 1. Except as otherwise provided in [subsection 2,] this section, any remaining balance of the appropriations made by section 1 of chapter 398, Statutes of Nevada 2005, at pages 1543 to 1547, inclusive, must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.
2. Any remaining balance of the appropriations made by section 1 of chapter 398, Statutes of Nevada 2005, at pages 1543 to 1547, inclusive, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the State General Fund on or before September 16, 2011:
Description Project No.
(a) [Greenspun College of Urban Affairs building at UNLV.................................................................... 05-C16
(b)] Design and construction of electrical and industrial technology building at Great Basin College 05-C18
[(c)] (b) New classroom building on West Charleston Campus of CCSN.......................................... 05-C20c
[(d)] (c) Construction of student services building addition and renovation of Frazier Hall at UNLV 05-C67L
[(e)] (d) Science and math education center at UNR............................................................................ 05-C68L
[(f)] (e) Sewage treatment upgrades at ESP.............................................................................................. 05-M15
[(g)] (f) Sewage disposal upgrades at PCC................................................................................................ 05-M16
[(h)] (g) Statewide Fire and Life Safety Program...................................................................................... 05-S03
[(i)] (h) Statewide Paving Program............................................................................................................... 05-S05
[(j)] (i) Statewide Asbestos, Lead, Mold, IAQ Program............................................................................ 05-S06
[(k)] (j) Statewide Underground Storage Tank Program.......................................................................... 05-S07
3. Any remaining balance of the appropriations made by section 1 of chapter 398, Statutes of Nevada 2005, at pages 1543 to 1547, inclusive, for the project 05-C16, Greenspun College of Urban Affairs building at UNLV, must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 23. 1. Section 5 of chapter 398, Statutes of Nevada 2005, at page 1548, as last amended by section 32 of chapter 440, Statutes of Nevada 2009, at page 2469, is hereby amended to read as follows:
Sec. 5. 1. Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009.
κ2011 Statutes of Nevada, Page 2205 (CHAPTER 373, SB 504)κ
2. Any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011:
Description Project No.
(a) Deferred construction of new campus library at UNR........................................................................ 05-C05
(b) [Las Vegas readiness center for Nevada National Guard.................................................................. 05-C13
(c)] Greenspun College of Urban Affairs building at UNLV.................................................................... 05-C16
[(d)] (c) Design and construction of electrical and industrial technology Building at Great Basin College 05-C18
[(e)] (d) New classroom building on West Charleston Campus of CCSN.......................................... 05-C20c
[(f)] (e) Construction of student services building addition and renovation of Frazier Hall at UNLV 05-C67L
[(g)] (f) Science and math education center at UNR............................................................................. 05-C68L
3. Any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, for project 05-C13, Las Vegas readiness center for Nevada National Guard, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.
Sec. 24. Section 2 of chapter 347, Statutes of Nevada 2007, at page 1641, is hereby amended to read as follows:
Sec. 2. 1. [Any] Except as otherwise provided in subsection 2, any remaining balance of the appropriation made by section 1 of [this act] chapter 347, Statutes of Nevada 2007, at pages 1636 to 1641, inclusive, must not be committed for expenditure after June 30, 2011, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2011, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2011.
2. Any remaining balance of the appropriations made by section 1 of chapter 347, Statutes of Nevada 2007, at pages 1636 to 1641, inclusive, for project 07-C09, Furnishings and equipment for Science, Engineering and Technology Building, UNLV, must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
κ2011 Statutes of Nevada, Page 2206 (CHAPTER 373, SB 504)κ
Sec. 25. Section 4 of chapter 347, Statutes of Nevada 2007, at page 1644, is hereby amended to read as follows:
Sec. 4. 1. [Any] Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 3 of [this act] chapter 347, Statutes of Nevada 2007, at pages 1641 to 1644, inclusive, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011.
2. Any remaining balance of the allocated amounts authorized in section 3 of chapter 347, Statutes of Nevada 2007, at pages 1641 to 1644, inclusive, for the following projects, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013:
Description Project No.
(a) SNWCC 400-bed expansion................................................................................................................... 07-C03
(b) ISCC 384-bed expansion and 168-bed renovation............................................................................ 07-C05
(c) Construction of housing unit and facility expansion at SDCC..................................................... 07-C07a
(d) Furnishings, equipment and additional construction for Greenspun College of Urban Affairs Building, UNLV...................................................................................................................................................... 07-C16
(e) Cave Automated Virtual Environment facility at DRI-construction completion........................ 07-C17
(f) Replace Campos Office Building and parking area.......................................................................... 07-C22
(g) Life safety improvements of Bristlecone Building at WNCC.......................................................... 07-C24
(h) Civil Support Team WMD facility in Las Vegas................................................................................ 07-C27
(i) Door control panels and fire door replacements at SNWCC........................................................... 07-M24
(j) Shower and bathroom renovation at NNCC....................................................................................... 07-M40
(k) Surveillance cameras, NNCC and NSP............................................................................................... 07-M48
(l) Southern Nevada Veterans Cemetery expansion - planning........................................................... 07-P05
Sec. 26. This act becomes effective upon passage and approval.
________
κ2011 Statutes of Nevada, Page 2207κ
Senate Bill No. 505Committee on Finance
CHAPTER 374
[Approved: June 14, 2011]
AN ACT relating to public employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; requiring employees of the State to take a certain number of days of unpaid furlough leave during the 2011-2013 biennium; providing exceptions to the furlough requirement; making appropriations from the State General Fund and State Highway Fund for the salaries of certain employees of the State; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers, employees, and medical and related positions in the unclassified service of the State of Nevada are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:
Approximate
Annual
Title or Position Salary
1. State Office of Energy:
Director, Office of Energy............................................................... $96,912
Deputy Director, Office of Energy................................................... 65,830
2. High Level Nuclear Waste:
Executive Director, Nuclear Projects Office.............................. $112,403
Executive Assistant............................................................................ 54,858
Technical Division Administrator.................................................. 102,322
Planner/Researcher............................................................................ 81,117
3. Office of the Lieutenant Governor:
Chief of Staff.................................................................................... $72,508
Assistant to the Lieutenant Governor (each)................................. 69,055
Administrative Secretary................................................................... 46,612
4. Office of the Secretary of State:
Chief Deputy.................................................................................. $114,104
Deputy Secretary of State, Commercial Recordings................... 95,453
Deputy Secretary of State, Southern Nevada............................... 95,453
Deputy Secretary of State, Elections............................................ 104,778
Deputy Secretary of State, Operations........................................... 95,453
Securities Administrator ................................................................ 99,686
Chief, Enforcement............................................................................ 95,150
Executive Assistant............................................................................ 54,858
Public Information Officer............................................................... 69,122
Business Portal Administrator.......................................................... 95,453
5. Office of the State Treasurer:
Chief Deputy State Treasurer...................................................... $114,104
Senior Deputy State Treasurer (each)........................................... 104,778
κ2011 Statutes of Nevada, Page 2208 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Chief of Staff................................................................................. $114,104
Deputy State Treasurer, Debt Service............................................. 95,453
Deputy State Treasurer, Investments........................................... 114,104
Deputy State Treasurer, Cash Management................................. 95,453
Executive Director, Millennium Scholarship................................. 95,453
Executive Assistant............................................................................ 54,858
Deputy State Treasurer, Unclaimed Property................................ 95,453
6. Office of Controller:
Chief Deputy Controller............................................................... $104,778
Assistant Controller............................................................................ 85,579
Executive Assistant............................................................................ 54,858
7. Office of the Attorney General:
(a) Attorney Generals Office:
Assistant Attorney General.................................................... $137,145
Attorney General Counsel for Prosecuting Attorneys, Executive Director.................................................................................................. 99,704
Ombudsman for Victims of Domestic Violence.................... 58,143
Chief Deputy Attorney General (each).................................. 115,202
Chief of Staff............................................................................. 137,145
Solicitor General......................................................................... 129,285
Senior Deputy Attorney General (each)................................ 104,231
Deputy Attorney General (each)............................................... 93,259
Public Information Officer......................................................... 69,122
Chief Investigator........................................................................ 79,544
Investigator (each)....................................................................... 64,302
Division Administrator, Personnel Services............................. 79,544
Executive Assistant..................................................................... 54,858
Chief Financial Officer............................................................... 99,686
Legal Researcher (each)............................................................. 44,949
Supervising Legal Researcher (each)........................................ 54,858
Construction Law Counsel...................................................... 129,285
Executive Director, Technological Crimes.............................. 69,122
Program Specialist, Technological Crimes.............................. 54,858
Insurance Investigator (each).................................................... 64,302
(b) Bureau of Consumer Protection:
Senior Economist......................................................................... 99,704
Senior Engineer............................................................................. 89,037
Senior Legal Researcher............................................................. 52,974
Legal Researcher.......................................................................... 44,949
Senior Regulatory Analyst......................................................... 83,204
Chief Deputy Attorney General (each).................................. 115,202
Regulatory Manager................................................................... 89,114
Technical Staff Manager........................................................... 89,114
Deputy Attorney General (each)............................................... 93,259
Engineer......................................................................................... 80,281
Administrative Services Officer................................................. 72,239
Senior Deputy Attorney General (each)................................ 104,231
8. Commission on Ethics:
Executive Director............................................................................ $95,453
κ2011 Statutes of Nevada, Page 2209 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Counsel, Ethics Commission.......................................................... $93,259
Executive Assistant............................................................................ 54,858
Investigator.......................................................................................... 64,302
Senior Legal Researcher.................................................................... 52,974
9. Supreme Court:
Supervisory Staff Attorney (each).............................................. $104,231
Supervisory Staff Attorney, Settlement....................................... 104,231
Reporter of Judicial Decisions........................................................ 115,202
Legal Counsel, Criminal.................................................................. 126,174
Legal Counsel, Civil......................................................................... 126,174
Chief Assistant Clerk....................................................................... 115,202
Chief Clerk........................................................................................ 137,145
Chief Deputy Clerk............................................................................ 70,766
Court Administrator......................................................................... 120,688
Deputy Court Administrator (each).............................................. 104,231
Staff Attorney (each)......................................................................... 93,259
Law Librarian...................................................................................... 98,744
Senior Law Clerk (each).................................................................... 60,631
10. Commission on Judicial Discipline:
General Counsel............................................................................. $137,145
11. Department of Administration:
Director............................................................................................ $124,528
Deputy Director (each).................................................................... 114,104
Information Systems Specialist....................................................... 57,740
Division Administrator, Internal Audits....................................... 104,778
Manager, Internal Controls.............................................................. 89,114
Chief Assistant Budget Administrator............................................ 86,728
Senior Appeals Officer.................................................................... 115,202
Appeals Officer, Hearings (each).................................................. 104,231
Hearing Officer (each)....................................................................... 69,122
Deferred Compensation Executive Officer................................... 95,453
Chief Assistant, Planning.................................................................. 79,528
Division Administrator, State Motor Pool...................................... 79,544
Division Administrator, Administrative Services.......................... 95,453
Division Administrator, Risk Management................................... 85,579
Division Administrator, Purchasing................................................. 95,453
Administrator, Public Works Division........................................... 120,688
Chief Engineer, Operations............................................................... 99,424
Deputy Administrator, Professional Services, Public Works Division 114,104
Deputy Administrator, Code Compliance and Enforcement, Public Works Division................................................................................. 114,104
Deputy Administrator, Buildings and Grounds, Public Works Division 85,579
Public Works Division, Project Manager III (each)................... 104,231
Public Works Division, Project Manager II (each)....................... 95,453
Chief, Planning, Research, and Grants Management.................. 86,728
Division Administrator, Human Resource Management......... 104,778
κ2011 Statutes of Nevada, Page 2210 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Division Deputy Administrator, Human Resource Management (each) $85,579
Director, Equal Employment Opportunity..................................... 79,544
Executive Assistant............................................................................ 54,858
Division Administrator, State Library and Archives.................... 95,453
Division Administrator, State Chief Information Officer......... 104,778
Manager, Enterprise Application Services..................................... 95,453
Manager, Computing......................................................................... 95,453
Manager, Communication............................................................... 95,453
Manager, Information Security....................................................... 95,453
12. Department of Taxation:
Director............................................................................................ $124,528
Deputy Director (each).................................................................... 104,778
Executive Assistant............................................................................ 54,858
Administrative Law Judge (licensed attorney)............................ 104,231
Chief Administrative Law Judge (licensed attorney)................. 115,202
13. Department of Education:
Superintendent of Public Instruction.......................................... $121,785
Deputy Superintendent of Instruction, Research and Evaluative Services................................................................................................ 104,778
Deputy Superintendent for Administrative and Fiscal Services 104,231
Executive Assistant............................................................................ 54,858
14. Department of Employment, Training and Rehabilitation:
Director, Employment, Training and Rehabilitation............... $124,528
Chief, Disability Employment Policy.............................................. 69,122
Division Administrator, Rehabilitation......................................... 104,778
Chief Auditor....................................................................................... 87,772
Deputy Director................................................................................ 114,104
Executive Assistant............................................................................ 54,858
Division Administrator, Employment Security........................... 114,104
Division Administrator, Equal Rights Commission...................... 85,579
Division Administrator, Information Development and Processing 104,778
Hearing Officer (each)....................................................................... 69,122
Senior Attorney................................................................................. 104,231
Assistant to the Director.................................................................... 86,725
15. Department of Health and Human Services:
Director............................................................................................ $124,528
Deputy Director, Programs............................................................. 104,778
Deputy Director, Fiscal Services.................................................... 104,778
Deputy Director, Administrative Services...................................... 95,453
Governors Consumer Health Advocate........................................ 95,453
Ombudsman for Consumer Health Assistance (each)................ 76,118
Statewide Suicide Prevention Coordinator.................................... 69,122
Statewide Suicide Prevention Trainer/Networking Facilitator.... 65,830
Executive Assistant (each)................................................................ 54,858
Division Administrator, Health Care Financing and Policy...... 114,104
κ2011 Statutes of Nevada, Page 2211 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Deputy Division Administrator, Health Care Financing and Policy $104,778
Division Administrator, Health...................................................... 114,104
State Health Officer......................................................................... 157,433
Chief Biostatistician........................................................................... 95,453
State Epidemiologist.......................................................................... 95,453
Medical Program Coordinator, Mental Health Program (each) 184,861
Medical Program Coordinator, Statewide Mental Health Services 198,589
Division Administrator, Mental Health and Developmental Services 120,688
Deputy Division Administrator, Mental Health and Developmental Services................................................................................................ 104,778
Division Administrator, Welfare and Supportive Services........ 114,104
Division Administrator, Child and Family Services................... 114,104
Deputy Division Administrator, Child and Family Services (each) 104,778
Superintendent, Nevada Youth Training Center.......................... 95,453
Superintendent, Caliente Youth Center.......................................... 95,453
Bureau Chief, Youth Parole Bureau............................................... 95,453
Division Administrator, Aging and Disability Services.............. 104,778
Deputy Division Administrator, Aging and Disability Services (each) 95,453
Chief, Elder Rights.............................................................................. 85,579
16. Office of the State Public Defender:
State Public Defender.................................................................... $115,202
Supervising Public Defender (office)............................................ 104,231
Supervising Public Defender (trial)................................................ 104,231
Supervising Public Defender (appeals)......................................... 104,231
Deputy Public Defender (each)........................................................ 93,259
Deputy Public Defender, Appellate................................................. 93,259
Investigator (each)............................................................................. 64,302
17. Department of Business and Industry:
Director............................................................................................ $124,528
Deputy Director, Administration...................................................... 79,544
Deputy Director, Programs............................................................. 104,778
Executive Assistant............................................................................ 54,858
Division Administrator, Financial Institutions............................... 95,453
Deputy Division Administrator, Financial Institutions................ 79,544
Certified Public Accountant, Financial Institutions..................... 66,011
Division Administrator, Manufactured Housing.......................... 85,579
Division Administrator, Real Estate................................................ 95,453
Deputy Division Administrator, Real Estate.................................. 79,544
Ombudsman, Real Estate................................................................. 69,122
Division Administrator, Housing...................................................... 95,453
Deputy Division Administrator, Housing....................................... 79,544
Chief Assistant, Housing................................................................... 65,830
κ2011 Statutes of Nevada, Page 2212 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Chief Financial Officer, Housing................................................... $93,259
Division Administrator, Insurance................................................ 114,104
Deputy Division Administrator, Insurance (each)........................ 95,453
Deputy Division Administrator, Insurance, Captive Insurers..... 93,259
Lead Actuary, Insurance (each).................................................... 122,929
Insurance Counsel/Hearing Officer (each).................................... 95,453
Division Administrator, Taxicab Authority................................... 95,453
Division Administrator, Transportation Authority..................... 111,393
Chief Transportation Inspector....................................................... 90,857
Commissioner, Transportation Authority (each)....................... 104,449
Financial Analyst (each)................................................................... 79,638
Manager, Transportation.................................................................. 93,259
Deputy Division Administrator, Transportation Authority......... 86,286
Attorney, Transportation Authority................................................ 93,259
Division Administrator, Mortgage Lending.................................... 95,453
Deputy Division Administrator, Mortgage Lending..................... 79,544
Certified Public Accountant, Mortgage Lending.......................... 66,011
Division Administrator, Industrial Relations............................... 104,778
Deputy Division Administrator, Industrial Relations (each)....... 85,579
Attorney, Industrial Relations (each).............................................. 93,259
Senior Attorney, Industrial Relations........................................... 104,231
Deputy Division Administrator, Safety Consultation.................. 79,544
Deputy Division Administrator, Mine Safety................................ 79,544
Division Administrator, Attorney for Injured Workers.............. 115,202
Deputy Attorney for Injured Workers (each)................................ 93,259
Senior Deputy Attorney for Injured Workers (each)................. 104,231
Division Administrator, Employee-Management Relations Board 85,579
Executive Assistant, Employee-Management Relations Board 54,858
Division Administrator, Dairy Commission................................... 85,579
Division Administrator, Office of Labor Commissioner............. 95,453
Deputy Division Administrator, Office of Labor Commissioner 79,544
Chief Assistant, Office of Labor Commissioner........................... 51,191
Division Administrator, Athletic Commission............................... 95,453
Ombudsman of Consumer Affairs for Minorities........................ 72,508
18. State Department of Agriculture:
Director, Agriculture....................................................................... $104,778
Division Administrator, Livestock Inspection............................... 79,544
Division Administrator, Veterinary Medical Services................ 106,938
Senior Veterinary Diagnostician...................................................... 91,022
Supervisor, Animal Disease Laboratory......................................... 94,588
Division Administrator, Measurement Standards........................ 79,544
Division Administrator, Plant Industry........................................... 79,544
19. Commission on Mineral Resources:
Administrator, Minerals................................................................ $102,333
Deputy Administrator, Minerals...................................................... 81,865
κ2011 Statutes of Nevada, Page 2213 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Chief for Dangerous Mines............................................................ $66,409
Chief for Mine Regulation................................................................ 73,630
Field Specialist, Minerals (each)....................................................... 56,765
Program Manager, Oil, Gas and Geothermal................................ 94,226
20. Commission on Economic Development:
Executive Director......................................................................... $114,104
Deputy Director................................................................................... 95,453
Senior Associate, Industrial Development (each)......................... 79,544
Associate, Industrial Development (each)..................................... 62,768
Grants Project Analyst....................................................................... 54,497
Director, Film....................................................................................... 85,579
Associate, Film (each)........................................................................ 62,768
Program Specialist.............................................................................. 55,257
21. Department of Tourism and Cultural Affairs:
Director, Tourism and Cultural Affairs...................................... $114,104
Chief Deputy, Administration.......................................................... 95,453
Executive Assistant............................................................................ 54,858
Public Information Officer............................................................... 77,976
Deputy Director, Sales and Industry Partners............................... 75,660
Deputy Director, Marketing and Advertising................................. 75,660
Development Specialist II, Tourism (each)................................... 75,660
Development Specialist, Tourism (each)........................................ 71,039
Project Analyst II (each)................................................................... 63,543
Project Analyst (each)....................................................................... 54,497
Development Specialist, Nevada Magazine (each)..................... 62,929
Editor Publisher, Nevada Magazine................................................ 85,961
Managing Editor, Publications......................................................... 66,078
Production Manager.......................................................................... 53,264
Art Director (each).............................................................................. 56,280
Advertising Sales Representative..................................................... 57,732
Operations and Finance Manager................................................... 82,748
Public Relations Specialist................................................................ 71,039
Division Administrator, Museums and History............................. 95,453
Executive Director, Nevada Indian Commission......................... 69,122
22. State Gaming Control Board:
Chairman, Gaming Control Board............................................. $145,986
Member, Gaming Control Board (each)...................................... 135,741
Executive Assistant............................................................................ 57,546
Chief, Investigation......................................................................... 104,203
Chief, Enforcement......................................................................... 104,203
Chief, Audit....................................................................................... 104,203
Chief, Corporate Securities............................................................. 104,203
Chief, Tax and License................................................................... 104,203
Chief, Administration...................................................................... 104,203
Chief Deputy, Administration.......................................................... 94,730
Executive Secretary, Gaming Control Board................................ 94,730
Manager, Electronics Lab............................................................... 101,762
Chief, Technology............................................................................ 111,307
Senior Lab Engineer (each)............................................................... 96,915
κ2011 Statutes of Nevada, Page 2214 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Electronic Lab Engineer (each)...................................................... $92,300
Coordinator, Applicant Services...................................................... 92,148
Chief Deputy, Enforcement (each)................................................. 94,730
Information Service Manager.......................................................... 96,915
Senior Network Specialist.................................................................. 83,137
Network Specialist II.......................................................................... 76,612
Network Specialist I (each)............................................................... 69,384
Data Management Analyst.............................................................. 81,987
System Manager................................................................................. 91,219
Programming Manager...................................................................... 91,219
Programming Supervisor................................................................... 85,923
Chief Deputy, Audit (each)............................................................... 94,730
Chief Deputy, Investigations (each)............................................... 94,730
Chief Deputy, Corporate Securities................................................. 94,730
Chief Deputy, Tax and License....................................................... 94,730
Hearings Officer (each)..................................................................... 91,252
Administrative Coordinator.............................................................. 81,987
Financial Officer................................................................................. 81,987
Supervisor, Investigations (each)..................................................... 86,118
Supervisor, Enforcement (each)...................................................... 86,118
Supervisor, Corporate Securities (each).......................................... 86,118
Supervisor, Audit (each).................................................................... 86,118
Supervisor, Tax and License (each)................................................ 86,118
Supervisor (each)................................................................................ 86,118
District Office Manager..................................................................... 92,148
Senior Agent, Corporate Securities (each)...................................... 74,562
Senior Agent, Investigations (each)................................................. 74,562
Senior Agent, Audit (each)................................................................ 74,562
Senior Agent, Tax and License (each)............................................ 74,562
Senior Research Specialist (each).................................................... 91,219
Senior Agent, Enforcement (each).................................................. 74,562
Agent, Corporate Securities (each).................................................. 67,785
Agent, Audit (each)............................................................................ 67,785
Agent, Investigations (each)............................................................. 67,785
Agent, Enforcement (each)............................................................... 67,785
Agent, Tax and License (each)........................................................ 67,785
Electronics Technician (each).......................................................... 60,404
Senior Program Analyst (each)........................................................ 77,240
Special Agent (each).......................................................................... 78,290
23. Public Utilities Commission of Nevada:
Executive Director......................................................................... $114,104
Chairman........................................................................................... 120,688
Public Utilities Commissioner (each)............................................ 114,104
Executive Assistant (each)................................................................ 54,858
Financial Analyst (each)................................................................... 79,638
Chief Attorney (each)...................................................................... 115,202
Senior Attorney (each).................................................................... 104,231
Supervisor, Consumer Complaint Resolution............................... 79,544
Manager, Safety and Quality Assurance....................................... 95,453
κ2011 Statutes of Nevada, Page 2215 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Manager, Systems Operation......................................................... $85,579
Public Education and Statistical Analysis Officer (each)............ 65,830
Administrative Attorney (each)....................................................... 69,122
Manager, Resource and Market Analysis...................................... 95,453
Engineer, Water................................................................................... 79,638
Engineer, Electric (each).................................................................... 83,690
Senior Gas Pipeline Engineer............................................................ 84,016
Engineer, Gas Pipeline (each)........................................................... 79,638
Senior Engineering Analyst............................................................... 71,364
Manager, Policy Analysis.................................................................. 95,453
Director, Regulatory Operations.................................................... 114,104
Manager, Consumer Complaint Resolution.................................. 95,453
Senior Analyst..................................................................................... 71,364
Rural Consumer Representative...................................................... 64,388
Manager, Tariffs and Compliance.................................................. 95,453
Commission Secretary....................................................................... 95,453
Assistant Commission Secretary..................................................... 85,579
Senior Regulatory Economist........................................................... 85,475
Regulatory Economist (each)........................................................... 85,475
Commission Policy Advisory (each)............................................... 87,874
Senior Utility Analyst (each)............................................................. 71,364
Resource Planning Engineer............................................................. 79,638
Legal Case Manager.......................................................................... 55,696
24. Department of Motor Vehicles:
Director............................................................................................ $124,528
Deputy Director, Motor Vehicles................................................... 120,688
Executive Assistant............................................................................ 54,858
Division Administrator, DMV Motor Carrier................................. 95,453
Division Administrator, DMV Management Services.................. 95,453
Division Administrator, DMV Automation.................................... 95,453
Division Administrator, DMV Field Services............................... 104,778
Division Administrator, DMV Compliance Enforcement......... 104,778
Division Administrator, DMV Central Services............................. 95,453
Division Administrator, DMV Administrative Services............... 95,453
Chief Administrative Law Judge, DMV (licensed attorney)..... 115,202
Chief Administrative Law Judge, DMV (other than licensed attorney) 104,231
DMV Administrative Law Judge (licensed attorney) (each).... 104,231
DMV Administrative Law Judge (other than licensed attorney) (each) 93,259
25. Department of Public Safety:
Director............................................................................................ $124,528
Deputy Director, Public Safety...................................................... 120,688
Executive Assistant............................................................................ 54,858
Division Administrator, Parole and Probation............................ 120,688
Chairman, State Board of Parole Commissioners..................... 104,778
Parole Board Member (each)........................................................... 85,579
Executive Assistant, Parole Board.................................................. 54,858
Division Administrator, Records and Technology..................... 109,469
κ2011 Statutes of Nevada, Page 2216 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Division Administrator, State Fire Marshal............................... $104,778
Division Administrator, Capitol Police............................................ 95,453
Division Administrator, Investigations......................................... 114,104
Division Administrator, Highway Safety Planning and Administration.... 79,544
Chief, Nevada Highway Patrol...................................................... 120,688
Lieutenant Colonel, Nevada Highway Patrol............................. 120,688
Division Administrator, Homeland Security............................... 114,104
Analyst Supervisor / NAIC Manager.............................................. 72,241
26. Department of Corrections:
Director............................................................................................ $124,528
Executive Assistant............................................................................ 54,858
Medical Director............................................................................... 186,595
Deputy Director, Operations, Northern Region........................... 114,104
Deputy Director, Industrial Programs........................................... 114,104
Deputy Director, Operations, Southern Region........................... 114,104
Deputy Director, Support Services................................................ 114,104
Division Administrator, EEO and Training.................................... 85,579
27. Peace Officers Standards and Training Commission:
Director............................................................................................... $95,453
Deputy Director................................................................................... 85,579
Executive Assistant............................................................................ 54,858
Bureau Chief (each)........................................................................... 75,340
Training Specialist (each).................................................................. 68,770
28. State Department of Conservation and Natural Resources:
Director............................................................................................ $124,528
Deputy Director................................................................................ 104,231
Division Administrator, Environmental Protection.................... 120,688
Division Administrator, Water Resources.................................... 120,688
Division Administrator, Forestry.................................................... 104,778
Division Administrator, State Parks.............................................. 104,778
Division Administrator, State Lands............................................... 95,453
District Supervisor, Water Commissioner, Water Resources...... 69,122
Division Administrator, Natural Heritage....................................... 79,544
Division Administrator, Historic Preservation............................... 95,453
29. Department of Wildlife:
Director............................................................................................ $114,104
Deputy Director (each).................................................................... 104,778
Executive Assistant............................................................................ 54,858
Chief Game Warden.......................................................................... 95,453
Division Administrator, Conservation Education......................... 85,579
Division Administrator, Fisheries Management............................ 85,579
Division Administrator, Game Management................................ 85,579
Division Administrator, Habitat....................................................... 85,579
Division Administrator, Wildlife Administration........................... 85,579
Division Administrator, Wildlife Diversity...................................... 85,579
κ2011 Statutes of Nevada, Page 2217 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
30. Department of Transportation:
Director............................................................................................ $124,528
Deputy Director (each).................................................................... 121,785
Executive Assistant............................................................................ 54,858
Division Administrator, Administrative Services........................ 104,778
Division Administrator, Planning and Program Development. 104,778
Division Administrator, Engineering............................................. 120,688
Division Administrator, Operations............................................... 120,688
Hearings Officer.................................................................................. 69,122
Administrative Coordinator.............................................................. 81,987
31. Colorado River Commission of Nevada:
Director............................................................................................ $128,530
Deputy Director................................................................................ 122,207
Special Assistant................................................................................. 85,800
Division Head, Power...................................................................... 116,459
Division Head, Water...................................................................... 116,459
Administrative Services Officer..................................................... 116,459
Office Manager................................................................................... 64,013
Senior Energy Accountant (each).................................................... 87,290
Natural Resource Specialist (each)............................................... 101,257
Environmental Program Manager................................................ 104,748
Network Administrator (each).......................................................... 75,651
Power Supply Manager................................................................... 107,433
Assistant Director Engineering and Operations........................... 116,388
Assistant Director Energy Information Systems........................ 104,748
Power Facilities Manager................................................................ 104,748
Power Facilities Communication Technician (each).................... 81,471
Senior Power Facilities Electrician (each)....................................... 81,471
Senior Power Facilities Engineer.................................................... 100,719
Power Facilities Electrician................................................................ 75,651
Hydropower Program Manager..................................................... 110,569
Assistant Hydropower Program Manager...................................... 98,929
Manager, Power Planner................................................................. 104,231
Power Supply Planner...................................................................... 104,778
Assistant Power Supply Planner....................................................... 90,856
Manager, Power Accounting.......................................................... 104,231
Energy Accountant (each)................................................................ 76,802
32. Public Employees Benefits Program:
Executive Officer........................................................................... $120,688
Executive Assistant............................................................................ 54,858
Quality Control Officer...................................................................... 93,259
Operations Officer............................................................................ 102,586
Chief Financial Officer...................................................................... 93,259
Chief Information Officer................................................................ 93,259
Financial Analyst................................................................................ 78,448
33. Veterans Services:
Executive Director, Veterans Services......................................... $93,259
Deputy Director, Veterans Services................................................ 79,544
κ2011 Statutes of Nevada, Page 2218 (CHAPTER 374, SB 505)κ
Approximate
Annual
Title or Position Salary
Administrator, Veterans Home.................................................. $104,778
34. Office of the Military:
Adjutant General........................................................................... $114,104
35. Medical and Related Positions:
Senior Physician (Range C) (each)............................................. $151,733
Senior Psychiatrist (Range C) (each)............................................ 172,479
Senior Institutional Dentist (Range A) (each)............................. 119,646
Senior Institutional Dentist (Range B) (each)............................. 134,994
Pharmacist 3..................................................................................... 117,458
Pharmacist 2 (each)......................................................................... 106,780
Pharmacist 1 (each)........................................................................... 97,074
A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology.
Sec. 2. 1. If any unclassified position is omitted from this act for the Fiscal Years 2011-2012 and 2012-2013, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.
2. If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 76th Session of the Nevada Legislature.
3. An employee occupying a position that is currently in the classified service that is moved into the unclassified service pursuant to this act has the option to remain in the classified service at his or her current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.
4. Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.
5. If the salary for a position that is currently in the classified service or nonclassified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level and the employee will be subject to unpaid furlough leave pursuant to section 4 of this act. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act, as adjusted pursuant to section 3 of this act.
6. If the salary for an employee occupying a position in the unclassified service on June 30, 2011, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2011, with a reduction of 2.5 percent.
κ2011 Statutes of Nevada, Page 2219 (CHAPTER 374, SB 505)κ
retained at the level in effect on June 30, 2011, with a reduction of 2.5 percent. Such an employee is subject to unpaid furlough leave pursuant to section 4 of this act. Once an employee vacates a position for which the previous salary is retained pursuant to this section, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act, as adjusted pursuant to section 3 of this act.
Sec. 3. 1. Except as otherwise provided in this section, for the period beginning on July 1, 2011, and ending on June 30, 2013, the salary of each employee of the State must be reduced by 2.5 percent. The maximum amounts of the approximate annual salaries for the unclassified service set forth in section 1 of this act include a reduction of 2.5 percent.
2. Except as otherwise provided in subsections 3 and 4, the provisions of subsection 1 apply to all Departments of State Government and includes the Nevada System of Higher Education, the Public Employees Retirement System and all other entities of State Government.
3. The Board of Regents of the University of Nevada shall determine and implement the method by which the professional employees of the Nevada System of Higher Education will participate in the requirements of subsection 1.
4. The requirements of subsection 1 do not apply to an employee of the Department of Tourism and Cultural Affairs whose standard workweek is 32 hours.
Sec. 4. 1. Except as otherwise provided in section 6 of this act:
(a) For the period beginning on July 1, 2011, and ending on June 30, 2013, each employee of the State shall:
(1) If he or she is a full-time employee, take 48 hours of unpaid furlough leave each fiscal year.
(2) If he or she is employed less than full time, take a number of hours of unpaid furlough leave each fiscal year which is equal to the average number of hours worked per working day multiplied by 6.
(b) Except as otherwise provided in subsections 3 and 4, the requirements in paragraph (a) apply to all Departments of State Government and includes the Nevada System of Higher Education, the Public Employees Retirement System and all other entities of State Government.
2. Furlough leave pursuant to this section must be scheduled and approved in the same manner as other leave. Notwithstanding any statute or regulation to the contrary and except as otherwise provided by regulation adopted pursuant to this section by the Personnel Commission, an employee who is on furlough leave is considered to have worked that day or portion of a day, as applicable, for all purposes except payment of salary and determination of overtime, including without limitation:
(a) Accrual of sick and annual leave;
(b) Determining the employees pay progression date;
(c) Continuity of service and years of service for the purposes of payments pursuant to the plan to encourage continuity of service;
(d) The duration of a probationary period;
(e) Determining eligibility for holiday pay if the shift immediately precedes a holiday;
(f) Seniority for all purposes, including layoffs;
(g) The Public Employees Benefits Program; and
κ2011 Statutes of Nevada, Page 2220 (CHAPTER 374, SB 505)κ
(h) The Public Employees Retirement System, including for the purposes of contributions to the System, subject to the requirements of sections 5 and 6 of this act.
3. The Board of Regents of the University of Nevada shall determine and implement the method by which the professional employees of the Nevada System of Higher Education will participate in the requirements pertaining to furlough leave pursuant to this section.
4. The requirements of this section do not apply to employees of the Department of Tourism and Cultural Affairs whose standard workweek is 32 hours.
5. Except as otherwise provided in subsection 3, the Personnel Commission shall adopt regulations to carry out the provisions of this section.
Sec. 5. 1. It is the intent of the Legislature to establish a program whereby employees of the State and other participating employers who take furlough leave due to extreme fiscal need, including employees required to take furlough leave pursuant to section 4 of this act, be held harmless in the accumulation of retirement service credit and reported salary pursuant to chapter 286 of NRS.
2. Except as otherwise required as a result of NRS 286.537 and notwithstanding the provisions of NRS 286.481, an employee is entitled to receive full service credit for time taken as furlough leave pursuant to the program established pursuant to section 4 of this act if:
(a) The employee does not take more than 48 hours of furlough leave in a fiscal year; and
(b) The public employer certifies to the System that the employer is participating in the furlough program established pursuant to section 4 of this act and that the furlough leave which is reported for the employee is taken in accordance with the requirements of section 4 of this act.
3. In any month in which a day, or a portion of a day, of furlough leave is taken, an employee is entitled to receive full-time service credit for the furlough leave in accordance with the normal workday for the employee. An employee who is less than full time is entitled to service credit in the same manner and to the same extent as though the employee had worked the hours taken as furlough leave.
4. When a member is on furlough leave pursuant to the program certified by the public employer in accordance with this section, the public employer must:
(a) Include all information required by the System on the public employers regular monthly retirement report as provided in NRS 286.460; and
(b) Pay all required employer and employee contributions to the System based on the compensation that would have been paid to the member but for the members participation in the program. The public employer may recover from the employee the amount of the employee contributions set forth in NRS 286.410.
5. Service credit under the program established pursuant to this section must be computed according to the fiscal year.
6. As used in this section:
(a) Member has the meaning ascribed to it in NRS 286.050.
(b) Public employer has the meaning ascribed to it in NRS 286.070.
(c) System means the Public Employees Retirement System.
κ2011 Statutes of Nevada, Page 2221 (CHAPTER 374, SB 505)κ
Sec. 6. 1. It is the intent of the Legislature to limit exceptions to the requirement of furlough leave for employees of the State pursuant to section 4 of this act to identified areas of critical need. If an employer, including the State, participating in the program established pursuant to section 4 of this act determines that a position cannot be subject to furlough leave because of the need to provide appropriate services that are necessary to the protection of public health, safety and welfare, the governing body of the agency must make findings on the record in a public meeting that:
(a) The position is necessary to the protection of public health, safety, or welfare;
(b) The public health, safety or welfare will be significantly diminished if mandatory furlough leave is implemented for employees in these positions; and
(c) No alternatives exist to provide for the protection of public health, safety or welfare.
2. For the purposes of subsection 1:
(a) Except as otherwise provided in this subsection, the State Board of Examiners shall determine positions within the Executive Branch of State Government that cannot be subject to furlough leave.
(b) The Board of Regents shall determine positions within the Nevada System of Higher Education that cannot be subject to furlough leave.
(c) The Public Employees Retirement Board shall determine positions within the Public Employees Retirement System that cannot be subject to furlough leave.
(d) The Supreme Court shall determine positions within the Judicial Branch of State Government that cannot be subject to furlough leave.
(e) The Legislative Commission shall determine positions within the Legislative Branch of State Government that cannot be subject to furlough leave.
3. The entities described in subsection 2 shall report to the Interim Finance Committee on a quarterly basis all positions that have been determined not to be subject to furlough leave pursuant to this section and the reasons for such determinations.
4. In addition to any other salary reduction required pursuant to this act, if the position of an employee is determined not to be subject to furlough leave pursuant to this section, the salary of the employee must be reduced by 2.3 percent for the portion of the period beginning on July 1, 2011, and ending on June 30, 2013, during which the position is not subject to furlough leave.
Sec. 7. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $5,946,647 for the purpose of meeting any deficiencies for the fiscal year beginning on July 1, 2011, and ending on June 30, 2012, and the sum of $6,005,007 for the purpose of meeting any deficiencies for the fiscal year beginning on July 1, 2012, and ending June 30, 2013, which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 76th Session of the Legislature, and the actual salary net of requirements for unpaid furlough leave of the personnel of those departments, commissions and agencies, to hold those personnel harmless in the accumulation of retirement service credit under section 5 of this act, to become effective on July 1, 2011.
κ2011 Statutes of Nevada, Page 2222 (CHAPTER 374, SB 505)κ
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 8. 1. There is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $1,378,750 for the purpose of meeting any deficiencies for the fiscal year beginning on July 1, 2011, and ending on June 30, 2012, and the fiscal year beginning on July 1, 2012, and ending June 30, 2013, which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority, as fixed by the 76th Session of the Legislature, and actual salaries net of the requirements for unpaid furlough leave of personnel of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority to hold those personnel harmless in the accumulation of retirement service credit under section 5 of this act, to become effective on July 1, 2011.
2. The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the employees of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan.
Sec. 9. The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees, who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities, and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint, and completing rounds during weekends. On-call responsibilities for pharmacists, include, without limitation, consultation with medical personnel and first dosage reviews.
Sec. 10. The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
Sec. 11. Any remaining balance of the appropriation made by sections 7 or 8 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2013.
κ2011 Statutes of Nevada, Page 2223 (CHAPTER 374, SB 505)κ
by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2013.
Sec. 12. When determining the allocations of the money appropriated in sections 7 and 8 of this act, the Board of Examiners must not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.
Sec. 13. This act becomes effective on July 1, 2011.
________
Senate Bill No. 374Senator Lee
CHAPTER 375
[Approved: June 14, 2011]
AN ACT relating to higher education; creating the Committee to Study the Funding of Higher Education; prescribing the powers and duties of the Committee; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill creates the Committee to Study the Funding of Higher Education, establishes the composition of the Committee and prescribes the powers and duties of the Committee. This bill further makes appropriations for the purposes of: (1) conducting a study of the funding of higher education; and (2) paying for the cost of the participation of the members of the Committee who are Legislators.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Committee to Study the Funding of Higher Education, consisting of 12 voting members and 4 nonvoting members, is hereby created.
2. The following persons shall serve as voting members of the Committee:
(a) Three members of the Senate, two of whom are appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;
(b) Three members of the Assembly, two of whom are appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;
κ2011 Statutes of Nevada, Page 2224 (CHAPTER 375, SB 374)κ
(c) Three members of the Board of Regents of the University of Nevada, appointed by the Chair of that Board; and
(d) Three members appointed by the Governor.
3. The Governor shall appoint the following persons to serve as the nonvoting members of the Committee:
(a) One person who is employed in the Budget Division of the Department of Administration; and
(b) Three persons who are employed by the Nevada System of Higher Education.
4. The Chair of the Legislative Commission shall designate one of the members of the Committee as Chair of the Committee.
5. The Director of the Legislative Counsel Bureau shall provide the necessary professional staff and a secretary for the Committee.
6. For each day or portion of a day during which they attend a meeting of the Committee or are otherwise engaged in the business of the Committee:
(a) The voting members of the Committee who are Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session, plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218A.655.
(b) The voting members of the Committee who are members of the Board of Regents of the University of Nevada are entitled to receive travel expenses and a per diem allowance at the rates established in NRS 396.070.
(c) The voting members of the Committee appointed by the Governor are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 2. The Committee shall:
1. Compare the existing method of funding higher education in Nevada with the methods used in other states;
2. Determine whether the other methods would be appropriate and useful in Nevada, whereby different missions of universities, state college, colleges and research institutes are appropriately considered in the funding of public higher education in Nevada;
3. Review the funding of remediation in the context of instructional delivery methods;
4. Consider the retention of resident registration fees and nonresident tuition outside of the state supported operating budget;
5. Consider funding in the context of completed courses in contrast to the current method of funding enrollments; and
6. Consider rewarding institutions within higher education for achieving defined goals for graduating students.
Sec. 3. The Committee may hold public hearings at such times and places as it deems necessary to afford the general public and representatives of governmental agencies and of organizations interested in higher education an opportunity to present relevant information and recommendations.
Sec. 4. The Committee may employ such educational and financial consultants as it deems necessary for this study.
Sec. 5. The Committee may accept and use all gifts and grants which it receives to further its work.
κ2011 Statutes of Nevada, Page 2225 (CHAPTER 375, SB 374)κ
Sec. 6. There is hereby appropriated from the State General Fund to the Legislative Fund the sum of $150,000 for the purpose of conducting a study of the funding of higher education as provided in sections 1 to 5, inclusive, of this act.
Sec. 7. There is hereby appropriated from the State General Fund to the Legislative Fund the sum of $18,064 for the purpose of the paying for the cost of the participation of the members of the Committee who are Legislators as provided in sections 1 to 5, inclusive, of this act.
Sec. 8. Any remaining balance of the appropriation made by section 6 or 7 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 9. The Committee shall submit to the Legislative Commission a report of its findings and recommendations for legislation before the commencement of the 77th Session of the Nevada Legislature.
Sec. 10. This act becomes effective on July 1, 2011.
________
Senate Bill No. 276Senators Parks and Leslie
CHAPTER 376
[Approved: June 14, 2011]
AN ACT relating to education; revising provisions governing safe and respectful learning environments in public schools; requiring the Department of Education to establish and recommend training programs for members of the State Board of Education, boards of trustees of school districts and school district personnel on the prevention of bullying, cyber-bullying, harassment and intimidation in public schools; creating the Bullying Prevention Fund in the State General Fund; requiring the principal of each public school to establish a school safety team; authorizing a parent or legal guardian of a pupil involved in an incident of bullying, cyber-bullying, harassment or intimidation to appeal a disciplinary decision of the principal made against the pupil concerning the incident; revising provisions governing the grounds for disciplinary action against teachers and administrators; requiring the Governor to annually proclaim the first week in October to be Week of Respect; and providing other matters properly relating thereto.
κ2011 Statutes of Nevada, Page 2226 (CHAPTER 376, SB 276)κ
Legislative Counsels Digest:
Existing law provides for a safe and respectful learning environment in public schools, which includes, without limitation, a prohibition on bullying, cyber-bullying, harassment and intimidation in public schools, the provision of training to school personnel and the reporting of incidents of bullying, cyber-bullying, harassment and intimidation in public schools. (NRS 388.121-388.139)
Sections 1-3 of this bill revise the components of the annual reports of accountability prepared by the State Board of Education and the boards of trustees of school districts to include reports on incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment and intimidation.
Section 7 of this bill requires the Department of Education, to the extent money is available, to develop an informational pamphlet to assist pupils and the parents or legal guardians of pupils in resolving incidents of bullying, cyber-bullying, harassment and intimidation.
Section 8 of this bill requires the Department to establish a program of training on the prevention of bullying, cyber-bullying, harassment and intimidation for members of the State Board and to recommend a program of training for members of the boards of trustees of school districts and school district personnel. Section 8 also: (1) requires each member of the State Board and authorizes each member of a board of trustees to complete the training program; and (2) authorizes the board of trustees of the school district to allow school district personnel to attend the program during regular school hours.
Section 9 of this bill creates the Bullying Prevention Fund in the State General Fund to be administered by the Superintendent of Public Instruction. Section 9 also authorizes school districts to apply to the State Board for a grant of money from the Fund, which must be used to establish programs, provide training and implement procedures that create a school environment which is free from bullying, cyber-bullying, harassment and intimidation.
Section 11 of this bill requires the principal of each public school or his or her designee to: (1) establish a school safety team; (2) conduct investigations of reported incidents of bullying, cyber-bullying, harassment and intimidation; and (3) collaborate with the board of trustees of the school district and the school safety team to prevent, identify and address reported incidents of bullying, cyber-bullying, harassment and intimidation. Section 12 of this bill prescribes the qualifications and duties of the school safety team.
Section 13 of this bill requires the principal of each public school to submit to the board of trustees of the school district a report on the number of incidents of bullying, cyber-bullying, harassment and intimidation occurring at the school or involving a pupil enrolled at the school during the previous school semester. Section 13 also requires the board of trustees to submit to the Department a compilation of the reports.
Section 14 of this bill requires a teacher or other staff member of a school who witnesses a violation of the prohibition on bullying, cyber-bullying, harassment and intimidation occurring at the school or who receives information of such a violation to verbally report the violation to the principal or the principals designee. Section 14 also requires the principal or the principals designee to initiate an investigation of the reported violation and provides that a parent or legal guardian of a pupil involved in the reported violation may appeal a disciplinary decision of the principal or the principals designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.
Section 17 of this bill requires the board of trustees of each school district, in conjunction with the school police officers of the school district, if any, and the local law enforcement agencies that have jurisdiction over the school district, to establish a policy for the procedures which must be followed by an employee of the school district when reporting a violation of the prohibition of bullying, cyber-bullying, harassment and intimidation to a school police officer or local law enforcement agency.
κ2011 Statutes of Nevada, Page 2227 (CHAPTER 376, SB 276)κ
Section 28 of this bill revises the grounds for which a teacher or administrator may be demoted, suspended, dismissed or not reemployed to include an intentional failure to report a violation of the prohibition of bullying, cyber-bullying, harassment and intimidation.
Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (Chapter 236 of NRS) Section 32 of this bill requires the Governor to annually proclaim the first week in October to be Week of Respect.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Bullying is an aggressive behavior that is associated with violent behaviors such as carrying weapons, fighting, vandalism, theft and suicide; and
Whereas, Recent studies showed that 32 percent of children reported being bullied at school and 4 percent of children reported being cyber-bullied during the school year; and
Whereas, Children who are bullied are more likely than children who are not bullied to be depressed, lonely and anxious, to have low self-esteem and to contemplate suicide; and
Whereas, Research has shown that bullying can be a sign of other antisocial or violent behavior and children who bully other children are more likely to be truant from school or to drop out of school; and
Whereas, Acts of bullying create a school environment that negatively impacts the ability of children to learn not only for the children who are the victims of such acts but also for the children who witness those acts; and
Whereas, Improving the methods and procedures by which acts of bullying, cyber-bullying, harassment and intimidation are prevented, reported, investigated and responded to by the State Board of Education, the school districts in this State and the individual schools will help identify such acts and allow children who are the victims of such acts to receive help in dealing with the emotional and physical impacts of bullying, cyber-bullying, harassment and intimidation; now therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.3469 is hereby amended to read as follows:
385.3469 1. The State Board shall prepare an annual report of accountability that includes, without limitation:
(a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:
(1) Pupils who are economically disadvantaged, as defined by the State Board;
(2) Pupils from major racial and ethnic groups, as defined by the State Board;
(3) Pupils with disabilities;
(4) Pupils who are limited English proficient; and
κ2011 Statutes of Nevada, Page 2228 (CHAPTER 376, SB 276)κ
(5) Pupils who are migratory children, as defined by the State Board.
(c) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.
(d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in paragraph (b).
(f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.
(g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.
(h) Information on whether each public school, including, without limitation, each charter school, has made:
(1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.
(2) Progress based upon the model adopted by the Department pursuant to NRS 385.3595, if applicable for the grade level of pupils enrolled at the school.
(i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.
(j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.
(k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:
(1) The percentage of teachers who are:
(I) Providing instruction pursuant to NRS 391.125;
(II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or
(III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;
κ2011 Statutes of Nevada, Page 2229 (CHAPTER 376, SB 276)κ
(2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;
(3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;
(4) For each middle school, junior high school and high school:
(I) [On and after July 1, 2005, the] The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and
(II) [On and after July 1, 2006, the] The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and
(5) For each elementary school:
(I) [On and after July 1, 2005, the] The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and
(II) [On and after July 1, 2006, the] The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.
(l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Departments own financial analysis program in complying with this paragraph.
(m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Departments own financial analysis program in complying with this paragraph.
(n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(o) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:
κ2011 Statutes of Nevada, Page 2230 (CHAPTER 376, SB 276)κ
(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.
(p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if the pupil 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.
(w) Each source of funding for this State to be used for the system of public education.
(x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:
(1) The amount and sources of money received for programs of remedial study.
(2) An identification of each program of remedial study, listed by subject area.
(y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
κ2011 Statutes of Nevada, Page 2231 (CHAPTER 376, SB 276)κ
(aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:
(1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:
(I) Paragraph (a) of subsection 1 of NRS 389.805; and
(II) Paragraph (b) of subsection 1 of NRS 389.805.
(2) An adjusted diploma.
(3) A certificate of attendance.
(bb) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.
(cc) The number of habitual truants who are reported to a school police officer or local 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, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:
(1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and
(2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.
(ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.
(ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.
(gg) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:
(1) The number of pupils enrolled in a course of career and technical education;
(2) The number of pupils who completed a course of career and technical education;
(3) The average daily attendance of pupils who are enrolled in a program of career and technical education;
(4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;
κ2011 Statutes of Nevada, Page 2232 (CHAPTER 376, SB 276)κ
(5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and
(6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.
(hh) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, reported for each school district, including, without limitation, each charter school in the district, and for the State as a whole.
2. A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.
3. The annual report of accountability must:
(a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;
(b) Be prepared in a concise manner; and
(c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
4. On or before September 1 of each year, the State Board shall:
(a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and
(b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:
(1) Governor;
(2) Committee;
(3) Bureau;
(4) Board of Regents of the University of Nevada;
(5) Board of trustees of each school district; and
(6) Governing body of each charter school.
5. Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.
6. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Harassment has the meaning ascribed to it in NRS 388.125.
(d) Highly qualified has the meaning ascribed to it in 20 U.S.C. § 7801(23).
[(b)] (e) Intimidation has the meaning ascribed to it in NRS 388.129.
(f) Paraprofessional has the meaning ascribed to it in NRS 391.008.
Sec. 2. NRS 385.34692 is hereby amended to read as follows:
385.34692 1. The State Board shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.3469 that includes, without limitation, a summary of the following information for each school district, each charter school and the State as a whole:
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without limitation, a summary of the following information for each school district, each charter school and the State as a whole:
(a) Demographic information of pupils, including, without limitation, the number and percentage of pupils:
(1) Who are economically disadvantaged, as defined by the State Board;
(2) Who are from major racial or ethnic groups, as defined by the State Board;
(3) With disabilities;
(4) Who are limited English proficient; and
(5) Who are migratory children, as defined by the State Board;
(b) The average daily attendance of pupils, reported separately for the groups identified in paragraph (a);
(c) The transiency rate of pupils;
(d) The percentage of pupils who are habitual truants;
(e) The percentage of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655;
(f) The number of incidents resulting in suspension or expulsion for:
(1) Violence to other pupils or to school personnel;
(2) Possession of a weapon;
(3) Distribution of a controlled substance;
(4) Possession or use of a controlled substance; [and]
(5) Possession or use of alcohol; and
(6) Bullying, cyber-bullying, harassment or intimidation;
(g) For kindergarten through grade 8, the number and percentage of pupils who are retained in the same grade;
(h) For grades 9 to 12, inclusive, the number and percentage of pupils who are deficient in the number of credits required for promotion to the next grade or graduation from high school;
(i) The pupil-teacher ratio for kindergarten and grades 1 to 8, inclusive;
(j) The average class size for the subject area of mathematics, English, science and social studies in schools where pupils rotate to different teachers for different subjects;
(k) The number and percentage of pupils who graduated from high school;
(l) The number and percentage of pupils who received a:
(1) Standard diploma;
(2) Adult diploma;
(3) Adjusted diploma; and
(4) Certificate of attendance;
(m) The number and percentage of pupils who graduated from high school and enrolled in remedial courses at the Nevada System of Higher Education;
(n) Per pupil expenditures;
(o) Information on the professional qualifications of teachers;
(p) The average daily attendance of teachers and licensure information;
(q) Information on the adequate yearly progress of the schools and school districts;
(r) Pupil achievement based upon the:
(1) Examinations administered pursuant to NRS 389.550, including, without limitation, whether public schools have made progress based upon the model adopted by the Department pursuant to NRS 385.3595; and
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(2) High school proficiency examination;
(s) To the extent practicable, pupil achievement based upon the examinations administered pursuant to NRS 389.015 for grades 4, 7 and 10; and
(t) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.
2. The summary prepared pursuant to subsection 1 must:
(a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;
(b) Be prepared in a concise manner; and
(c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.
3. On or before September 7 of each year, the State Board shall:
(a) Provide for public dissemination of the summary prepared pursuant to subsection 1 by posting the summary on the Internet website maintained by the Department; and
(b) Submit a copy of the summary in an electronic format to the:
(1) Governor;
(2) Committee;
(3) Bureau;
(4) Board of Regents of the University of Nevada;
(5) Board of trustees of each school district; and
(6) Governing body of each charter school.
4. The board of trustees of each school district and the governing body of each charter school shall ensure that the parents and guardians of pupils enrolled in the school district or charter school, as applicable, have sufficient information concerning the availability of the summary prepared by the State Board pursuant to subsection 1, including, without limitation, information that describes how to access the summary on the Internet website maintained by the Department. Upon the request of a parent or guardian of a pupil, the Department shall provide the parent or guardian with a written copy of the summary.
5. The Department shall, in consultation with the Bureau and the school districts, prescribe a form for the summary required by this section.
6. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Harassment has the meaning ascribed to it in NRS 388.125.
(d) Intimidation has the meaning ascribed to it in NRS 388.129.
Sec. 3. 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 educational personnel 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 each school district shall report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.
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sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.
2. The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 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) 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.
(3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:
(I) Pupils who are economically disadvantaged, as defined by the State Board;
(II) Pupils from major racial and ethnic groups, as defined by the State Board;
(III) Pupils with disabilities;
(IV) Pupils who are limited English proficient; and
(V) Pupils who are migratory children, as defined by the State Board.
(4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.
(5) The percentage of pupils who were not tested.
(6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in subparagraph (3).
(7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.
(8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
(9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
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(10) Information on whether each school in the district, including, without limitation, each charter school in the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.
Κ A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.
(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, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.
(d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:
(1) The percentage of teachers who are:
(I) Providing instruction pursuant to NRS 391.125;
(II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or
(III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;
(2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;
(3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;
(4) For each middle school, junior high school and high school:
(I) [On and after July 1, 2005, the] The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and
(II) [On and after July 1, 2006, the] The number of persons employed as substitute teachers for less than 20 consecutive days, designated
as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and
(5) For each elementary school:
(I) [On and after July 1, 2005, the] The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and
(II) [On and after July 1, 2006, the] The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.
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as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.
(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. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.
(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:
(1) 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.
(2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
(h) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of 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. The reporting for pupils in grades 9 to 12, inclusive, excludes 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.
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(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 392.033 or 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 the pupil 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) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:
(1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(2) An identification of each program of remedial study, listed by subject area.
(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, state college or community college within the Nevada System of Higher Education.
(t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the districts 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 received:
(1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:
(I) Paragraph (a) of subsection 1 of NRS 389.805; and
(II) Paragraph (b) of subsection 1 of NRS 389.805.
(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 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.
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(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) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.
(z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:
(1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and
(2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.
(aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school in the district. The information must include:
(1) The number of paraprofessionals employed at the school; and
(2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.
(bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
(cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.
(dd) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, information on pupils enrolled in career and technical education, including, without limitation:
(1) The number of pupils enrolled in a course of career and technical education;
(2) The number of pupils who completed a course of career and technical education;
(3) The average daily attendance of pupils who are enrolled in a program of career and technical education;
(4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;
(5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and
(6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.
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(ee) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(ff) 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 the teacher 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 annual report of accountability prepared pursuant to subsection 2 must:
(a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and
(b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
5. 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 throughout this State.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teacher Association;
(5) Budget Division of the Department of Administration; and
(6) Legislative Counsel Bureau,
Κ concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
6. The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
7. On or before August 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.
8. On or before August 15 of each year, the board of trustees of each school district shall:
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(a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:
(1) Governor;
(2) State Board;
(3) Department;
(4) Committee; and
(5) Bureau.
(b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.
9. Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.
10. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Harassment has the meaning ascribed to it in NRS 388.125.
(d) Highly qualified has the meaning ascribed to it in 20 U.S.C. § 7801(23).
[(b)] (e) Intimidation has the meaning ascribed to it in NRS 388.129.
(f) Paraprofessional has the meaning ascribed to it in NRS 391.008.
Sec. 4. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 18, inclusive, of this act.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. 1. The Department, in consultation with persons who possess knowledge and expertise in bullying, cyber-bullying, harassment and intimidation in public schools, shall, to the extent money is available, develop an informational pamphlet to assist pupils and the parents or legal guardians of pupils enrolled in the public schools in this State in resolving incidents of bullying, cyber-bullying, harassment or intimidation. If developed, the pamphlet must include, without limitation:
(a) A summary of the policy prescribed by the Department pursuant to NRS 388.133 and the provisions of NRS 388.121 to 388.139, inclusive, and sections 5 to 18, inclusive, of this act;
(b) A description of practices which have proven effective in preventing and resolving violations of NRS 388.135 in schools, which must include, without limitation, methods to identify and assist pupils who are at risk for bullying, cyber-bullying, harassment or intimidation; and
(c) An explanation that the parent or legal guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.
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accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.
2. If the Department develops a pamphlet pursuant to subsection 1, the Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as the Department determines are necessary to ensure the pamphlet contains current information.
3. If the Department develops a pamphlet pursuant to subsection 1, the Department shall post a copy of the pamphlet on the Internet website maintained by the Department.
4. To extent the money is available, the Department shall develop a tutorial which must be made available on the Internet website maintained by the Department that includes, without limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.
Sec. 8. 1. The Department, in consultation with persons who possess knowledge and expertise in bullying, cyber-bullying, harassment and intimidation in public schools, shall:
(a) Establish a program of training on methods to prevent, identify and report incidences of bullying, cyber-bullying, harassment and intimidation in public schools for members of the State Board.
(b) Recommend a program of training on methods to prevent, identify and report incidences of bullying, cyber-bullying, harassment and intimidation in public schools for members of the boards of trustees of school districts.
(c) Recommend a program of training for school district personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.139, inclusive, and sections 5 to 18, inclusive, of this act.
2. Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on bullying, cyber-bullying, harassment and intimidation in public schools established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.
3. Each member of a board of trustees of a school district may complete the program of training on bullying, cyber-bullying, harassment and intimidation in public schools recommended pursuant to paragraph (b) of subsection 1 and may undergo the training at least one additional time while the person is a member of the board of trustees.
4. Each program of training established and recommended pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.
5. The board of trustees of a school district may allow school district personnel to attend the program recommended pursuant to paragraph (c) of subsection 1 during regular school hours.
6. The Department shall review each program of training established and recommended pursuant to subsection 1 on an annual basis to ensure that the program contains current information concerning the prevention of bullying, cyber-bullying, harassment and intimidation.
Sec. 9. 1. The Bullying Prevention Fund is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction.
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Instruction. The Superintendent of Public Instruction may accept gifts and grants from any source for deposit into the Fund. The interest and income earned on the money in the Fund must be credited to the Fund.
2. In accordance with the regulations adopted by the State Board pursuant to section 18 of this act, a school district that applies for and receives a grant of money from the Bullying Prevention Fund shall use the money for one or more of the following purposes:
(a) The establishment of programs to create a school environment that is free from bullying, cyber-bullying, harassment and intimidation;
(b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive, and sections 5 to 18, inclusive, of this act; or
(c) The development and implementation of procedures by which the public schools of the school district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive, and sections 5 to 18, inclusive, of this act.
Sec. 10. (Deleted by amendment.)
Sec. 11. The principal of each public school or his or her designee shall:
1. Establish a school safety team to develop, foster and maintain a school environment which is free from bullying, cyber-bullying, harassment and intimidation;
2. Conduct investigations of violations of NRS 388.135 occurring at the school; and
3. Collaborate with the board of trustees of the school district and the school safety team to prevent, identify and address reported violations of NRS 388.135 at the school.
Sec. 12. 1. Each school safety team established pursuant to section 11 of this act must consist of the principal or his or her designee and the following persons appointed by the principal:
(a) A school counselor;
(b) At least one teacher who teaches at the school;
(c) At least one parent or legal guardian of a pupil enrolled in the school; and
(d) Any other persons appointed by the principal.
2. The principal or his or her designee shall serve as the chair of the school safety team.
3. The school safety team shall:
(a) Meet at least two times each year;
(b) Identify and address patterns of bullying, cyber-bullying, harassment or intimidation at the school;
(c) Review and strengthen school policies to prevent and address bullying, cyber-bullying, harassment or intimidation;
(d) Provide information to school personnel, pupils enrolled in the school and parents and legal guardians of pupils enrolled in the school on methods to address bullying, cyber-bullying, harassment and intimidation; and
(e) To the extent money is available, participate in any training conducted by the school district regarding bullying, cyber-bullying, harassment and intimidation.
κ2011 Statutes of Nevada, Page 2244 (CHAPTER 376, SB 276)κ
Sec. 13. 1. On or before January 1 and June 30 of each year, the principal of each public school shall submit to the board of trustees of the school district a report on the violations of NRS 388.135 which are reported during the previous school semester. The report must include, without limitation:
(a) The number of violations of NRS 388.135 occurring at the school or otherwise involving a pupil enrolled at the school which are reported during that period; and
(b) Any actions taken at the school to reduce the number of incidences of bullying, cyber-bullying, harassment and intimidation, including, without limitation, training that was offered or other policies, practices and programs that were implemented.
2. The board of trustees of each school district shall review and compile the reports submitted pursuant to subsection 1 and, on or before August 1, submit a compilation of the reports to the Department.
Sec. 14. 1. A teacher or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall verbally report the violation to the principal or his or her designee on the day on which the teacher or other staff member witnessed the violation or received information regarding the occurrence of a violation.
2. The principal or his or her designee shall initiate an investigation not later than 1 day after receiving notice of the violation pursuant to subsection 1. The investigation must be completed within 10 days after the date on which the investigation is initiated and, if a violation is found to have occurred, include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.
3. The parent or legal guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the principal or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.
Secs. 15 and 16. (Deleted by amendment.)
Sec. 17. The board of trustees of each school district, in conjunction with the school police officers of the school district, if any, and the local law enforcement agencies that have jurisdiction over the school district, shall establish a policy for the procedures which must be followed by an employee of the school district when reporting a violation of NRS 388.135 to a school police officer or local law enforcement agency.
Sec. 18. The State Board shall adopt regulations:
1. Establishing the process whereby school districts may apply to the State Board for a grant of money from the Bullying Prevention Fund pursuant to section 9 of this act.
2. As are necessary to carry out the provisions of NRS 388.121 to 388.139, inclusive, and sections 5 to 18, inclusive, of this act.
Sec. 19. NRS 388.121 is hereby amended to read as follows:
388.121 As used in NRS 388.121 to 388.139, inclusive, and sections 5 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 388.122 to 388.129, inclusive, have the meanings ascribed to them in those sections.
κ2011 Statutes of Nevada, Page 2245 (CHAPTER 376, SB 276)κ
Sec. 20. NRS 388.122 is hereby amended to read as follows:
388.122 Bullying means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more [pupils] persons which is not authorized by law and which exposes a [pupil] person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and [is] :
1. Is intended to cause [and] or actually causes the [pupil] person to suffer harm or serious emotional distress [.] ;
2. Places the person in reasonable fear of harm or serious emotional distress; or
3. Creates an environment which is hostile to a pupil by interfering with the education of the pupil.
Sec. 21. NRS 388.125 is hereby amended to read as follows:
388.125 Harassment means a willful act which is written, verbal or physical, or a course of conduct that is not otherwise authorized by law [and is:
1. Highly] , is highly offensive to a reasonable person [;] and
[2. Intended] :
1. Is intended to cause [and] or actually causes another person to suffer serious emotional distress [.] ;
2. Places a person in reasonable fear of harm or serious emotional distress; or
3. Creates an environment which is hostile to a pupil by interfering with the education of the pupil.
Sec. 22. NRS 388.129 is hereby amended to read as follows:
388.129 Intimidation means a willful act which is written, verbal or physical, or a course of conduct that is not otherwise authorized by law [and:
1. Is] , is highly offensive to a reasonable person [;] and
[2. Poses] :
1. Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person [.] ;
2. Places a person in reasonable fear of harm or serious emotional distress; or
3. Creates an environment which is hostile to a pupil by interfering with the education of the pupil.
Sec. 23. (Deleted by amendment.)
Sec. 24. NRS 388.134 is hereby amended to read as follows:
388.134 The board of trustees of each school district shall:
1. Adopt the policy prescribed pursuant to NRS 388.133 and the policy prescribed pursuant to subsection 2 of NRS 389.520. The board of trustees may adopt an expanded policy for one or both of the policies if each expanded policy complies with the policy prescribed pursuant to NRS 388.133 or pursuant to subsection 2 of NRS 389.520, as applicable.
2. Provide for the appropriate training of all administrators, principals, teachers and all other personnel employed by the board of trustees in accordance with the policies prescribed pursuant to NRS 388.133 and pursuant to subsection 2 of NRS 389.520.
3. [On or before September 1 of each year, submit a report to the Superintendent of Public Instruction that includes a description of each violation of NRS 388.135 occurring in the immediately preceding school year that resulted in personnel action against an employee or suspension or expulsion of a pupil, if any.]
κ2011 Statutes of Nevada, Page 2246 (CHAPTER 376, SB 276)κ
expulsion of a pupil, if any.] Post the policies adopted pursuant to subsection 1 on the Internet website maintained by the school district.
4. Ensure that the parents and legal guardians of pupils enrolled in the school district have sufficient information concerning the availability of the policies, including, without limitation, information that describes how to access the policies on the Internet website maintained by the school district. Upon the request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a written copy of the policies.
5. Review the policies adopted pursuant to subsection 1 on an annual basis and update the policies if necessary. If the board of trustees of a school district updates the policies, the board of trustees must submit a copy of the updated policies to the Department within 30 days after the update.
Sec. 25. NRS 388.1345 is hereby amended to read as follows:
388.1345 The Superintendent of Public Instruction shall:
1. Compile the reports submitted pursuant to [NRS 388.134] section 13 of this act and prepare a written report of the compilation.
2. On or before October 1 of each year, submit the written compilation to the Attorney General.
Sec. 26. NRS 388.139 is hereby amended to read as follows:
388.139 Each school district shall include the text of the provisions of NRS 388.121 to 388.135, inclusive, and sections 5 to 18, inclusive, of this act and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading Bullying, Cyber-Bullying, Harassment and Intimidation Is Prohibited in Public Schools, within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 391.312 is hereby amended to read as follows:
391.312 1. A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:
(a) Inefficiency;
(b) Immorality;
(c) Unprofessional conduct;
(d) Insubordination;
(e) Neglect of duty;
(f) Physical or mental incapacity;
(g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;
(h) Conviction of a felony or of a crime involving moral turpitude;
(i) Inadequate performance;
(j) Evident unfitness for service;
(k) Failure to comply with such reasonable requirements as a board may prescribe;
(l) Failure to show normal improvement and evidence of professional training and growth;
(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;
κ2011 Statutes of Nevada, Page 2247 (CHAPTER 376, SB 276)κ
(n) Any cause which constitutes grounds for the revocation of a teachers license;
(o) Willful neglect or failure to observe and carry out the requirements of this title;
(p) Dishonesty;
(q) Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015;
(r) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to NRS 389.616 or 389.620; [or]
(s) An intentional violation of NRS 388.5265 or 388.527 [.] ; or
(t) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.
2. In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.
Secs. 29-31. (Deleted by amendment.)
Sec. 32. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Governor shall annually proclaim the first week in October to be Week of Respect.
2. The proclamation may call upon:
(a) News media, educators and appropriate government offices to bring to the attention of the residents of Nevada factual information regarding bullying, cyber-bullying, harassment and intimidation in schools, including, without limitation:
(1) Statistical information regarding the number of pupils who are bullied, cyber-bullied, harassed or intimidated in schools each year;
(2) The methods to identify and assist pupils who are at risk of bullying, cyber-bullying, harassment or intimidation; and
(3) The methods to prevent bullying, cyber-bullying, harassment and intimidation in schools; and
(b) School districts to provide instruction on the ways in which pupils can prevent bullying, cyber-bullying, harassment and intimidation during the Week of Respect and throughout the school year that is appropriate for the grade level of pupils who receive the instruction.
3. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Harassment has the meaning ascribed to it in NRS 388.125.
(d) Intimidation has the meaning ascribed to it in NRS 388.129.
Sec. 33. On or before December 31, 2011, the State Board of Education shall adopt the regulations required by section 18 of this act.
Sec. 34. (Deleted by amendment.)
Sec. 35. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 2248κ
Senate Bill No. 129Committee on Health and Human Services
CHAPTER 377
[Approved: June 14, 2011]
AN ACT relating to public health; requiring certain persons who operate or work in facilities for intermediate care, facilities for skilled nursing, agencies to provide personal care services in the home, facilities for the care of adults during the day, residential facilities for groups and homes for individual residential care to complete certain training; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires an applicant for a license to operate a facility for intermediate care, a facility for skilled nursing, an agency to provide personal care services in the home, a facility for the care of adults during the day, a residential facility for groups or a home for individual residential care to obtain training to recognize and prevent the abuse of older persons before a license is issued to the applicant and annually thereafter. Section 1 also requires the holders of licenses to operate, and the administrators and employees of, those facilities, agencies and homes to obtain such training.
Sections 6 and 7 of this bill amend the grounds for which disciplinary action may be taken against a facility, agency or home to include violations of the provisions of section 1.
Section 11 of this bill provides that an administrator who is licensed as an administrator of a residential facility for groups or as a nursing facility administrator may be disciplined for failure to comply with the provisions of section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An applicant for a license to operate a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care must receive training to recognize and prevent the abuse of older persons before a license to operate such a facility, agency or home is issued to the applicant. If an applicant has completed such training within the year preceding the date of the application for a license and the application includes evidence of the training, the applicant shall be deemed to have complied with the requirements of this subsection.
2. A licensee who holds a license to operate a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care must annually receive training to recognize and prevent the abuse of older persons before the license to operate such a facility, agency or home may be renewed.
κ2011 Statutes of Nevada, Page 2249 (CHAPTER 377, SB 129)κ
3. If an applicant or licensee who is required by this section to obtain training is not a natural person, the person in charge of the facility, agency or home must receive the training required by this section.
4. An administrator or other person in charge of a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care must receive training to recognize and prevent the abuse of older persons before the facility, agency or home provides care to a person and annually thereafter.
5. An employee who will provide care to a person in a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care must receive training to recognize and prevent the abuse of older persons before the employee provides care to a person in the facility, agency or home and annually thereafter.
6. The topics of instruction that must be included in the training required by this section must include, without limitation:
(a) Recognizing the abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995, inclusive;
(b) Responding to reports of the alleged abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995, inclusive; and
(c) Instruction concerning the federal, state and local laws, and any changes to those laws, relating to:
(1) The abuse of older persons; and
(2) Facilities for intermediate care, facilities for skilled nursing, agencies to provide personal care services in the home, facilities for the care of adults during the day, residential facilities for groups or homes for individual residential care, as applicable for the person receiving the training.
7. The facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care is responsible for the costs related to the training required by this section.
8. The administrator of a facility for intermediate care, facility for skilled nursing or residential facility for groups who is licensed pursuant to chapter 654 of NRS shall ensure that each employee of the facility who provides care to residents has obtained the training required by this section. If an administrator or employee of a facility or home does not obtain the training required by this section, the Health Division shall notify the Board of Examiners for Long-Term Care Administrators that the administrator is in violation of this section.
9. The holder of a license to operate a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care shall ensure that each person who is required to comply with the requirements for training pursuant to this section complies with such requirements. The Health Division may, for any violation of this section, take disciplinary action against a facility, agency or home pursuant to NRS 449.160 and 449.163.
κ2011 Statutes of Nevada, Page 2250 (CHAPTER 377, SB 129)κ
Division may, for any violation of this section, take disciplinary action against a facility, agency or home pursuant to NRS 449.160 and 449.163.
Sec. 2. NRS 449.037 is hereby amended to read as follows:
449.037 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and section 1 of this act and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Health Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive [.] , and section 1 of this act.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease.
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. [The] In addition to the training requirements prescribed pursuant to section 1 of this act, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
κ2011 Statutes of Nevada, Page 2251 (CHAPTER 377, SB 129)κ
(c) A written plan of care by a physician or registered nurse has been established that:
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) The prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the Health Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
κ2011 Statutes of Nevada, Page 2252 (CHAPTER 377, SB 129)κ
8. The Health Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Health Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Sec. 3. NRS 449.060 is hereby amended to read as follows:
449.060 1. Each license issued pursuant to NRS 449.001 to 449.240, inclusive, and section 1 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Health Division finds, after an investigation, that the facility has not:
(a) Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act or the standards and regulations adopted by the Board;
κ2011 Statutes of Nevada, Page 2253 (CHAPTER 377, SB 129)κ
(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or
(c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the facility, agency or home is in compliance with the provisions of NRS 449.173 to 449.188, inclusive.
3. Each reapplication for an agency to provide personal care services in the home, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency or home are in compliance with the provisions of section 1 of this act.
Sec. 4. NRS 449.070 is hereby amended to read as follows:
449.070 The provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.
Sec. 5. NRS 449.140 is hereby amended to read as follows:
449.140 1. Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.
2. The Health Division shall enforce the provisions of NRS 449.001 to 449.245, inclusive, and section 1 of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.
Sec. 6. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 1 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
κ2011 Statutes of Nevada, Page 2254 (CHAPTER 377, SB 129)κ
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.
(f) Failure to comply with the provisions of NRS 449.2486.
2. In addition to the provisions of subsection 1, the Health Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Health Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Health Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Health Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Health Division pursuant to subsection 2.
Sec. 7. NRS 449.163 is hereby amended to read as follows:
449.163 1. If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
κ2011 Statutes of Nevada, Page 2255 (CHAPTER 377, SB 129)κ
(c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (c) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.
3. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
4. The Health Division may require any facility that violates any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
5. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.
Sec. 8. NRS 449.220 is hereby amended to read as follows:
449.220 1. The Health Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.001 to 449.240, inclusive [:] , and section 1 of this act:
(a) Without first obtaining a license therefor; or
(b) After his or her license has been revoked or suspended by the Health Division.
2. It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.
Sec. 9. NRS 449.230 is hereby amended to read as follows:
449.230 1. Any authorized member or employee of the Health Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive [.] , and section 1 of this act.
2. The State Fire Marshal or a designee of the State Fire Marshal shall, upon receiving a request from the Health Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.037:
κ2011 Statutes of Nevada, Page 2256 (CHAPTER 377, SB 129)κ
(a) Enter and inspect a residential facility for groups; and
(b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.037,
Κ to ensure the safety of the residents of the facility in an emergency.
3. The State Health Officer or a designee of the State Health Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure compliance with standards for health and sanitation.
4. An authorized member or employee of the Health Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Health Division is notified that a residential facility for groups is operating without a license.
Sec. 10. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Health Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.001 to 449.245, inclusive [.] , and section 1 of this act.
Sec. 11. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:
(a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
(b) Has obtained his or her license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.
(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.
2. The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.
3. The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.
κ2011 Statutes of Nevada, Page 2257 (CHAPTER 377, SB 129)κ
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
5. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
Sec. 12. 1. Each person who holds a license to operate and each person who is an administrator or employee of a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care on October 1, 2011, and who is required to complete the training required by section 1 of this act shall complete the training on or before October 1, 2012.
2. A statement that:
(a) The applicant has completed the training required by section 1 of this act must be included with an application for a license to operate a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care submitted on or after October 1, 2011; and
(b) The holder of a license to operate, and the administrator and employees of, a facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups or home for individual residential care have completed the training required by section 1 of this act must be included with a reapplication submitted for the facility or home on or after October 1, 2012.
Sec. 13. This act becomes effective on October 1, 2011.
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κ2011 Statutes of Nevada, Page 2258κ
Assembly Bill No. 225Committee on Ways and Means
CHAPTER 378
[Approved: June 15, 2011]
AN ACT relating to educational personnel; requiring certain teachers and administrators who receive unsatisfactory evaluations to serve an additional probationary period; authorizing certain employees to request an expedited hearing under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that each teacher and administrator who is employed by a school district in this State must serve a 2-year probationary period, unless the second year of the probationary period is waived by the superintendent of schools of the school district or the superintendents designee. A probationary employee who completes his or her probationary period and receives a notice of reemployment from the school district becomes a postprobationary employee in the ensuing year of employment. (NRS 391.3197) Existing law also provides that a postprobationary teacher or administrator must be evaluated at least once each year. (NRS 391.3125, 391.3127) Section 1 of this bill provides that a postprobationary teacher or administrator who receives an unsatisfactory evaluation, or any other equivalent evaluation which designates his or her overall performance as below average, for 2 consecutive school years shall be deemed to be a probationary employee and must serve an additional probationary period. Section 4 of this bill provides that the provisions of section 1 are not superseded by the terms of a collective bargaining agreement. Section 5 of this bill authorizes a teacher or administrator who is deemed to be a probationary employee pursuant to section 1 and who receives notice that he or she will be dismissed before the completion of the current school year to request an expedited hearing pursuant to the expedited hearing procedures established by the American Arbitration Association.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
A postprobationary employee who receives an unsatisfactory evaluation pursuant to NRS 391.3125 or 391.3127, as applicable, or any other equivalent evaluation designating his or her overall performance as below average, for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.311 to 391.3197, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.3197.
Sec. 2. NRS 391.311 is hereby amended to read as follows:
391.311 As used in NRS 391.311 to 391.3197, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Administrator means any employee who holds a license as an administrator and who is employed in that capacity by a school district.
κ2011 Statutes of Nevada, Page 2259 (CHAPTER 378, AB 225)κ
2. Board means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, and section 1 of this act is employed.
3. Demotion means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. Immorality means:
(a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or
(b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, sexual conduct has the meaning ascribed to it in NRS 201.520.
5. Postprobationary employee means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment. The term does not include a person who is deemed to be a probationary employee pursuant to section 1 of this act.
6. Probationary employee means [an] :
(a) An administrator or a teacher who is employed for the period set forth in NRS 391.3197 [.] ; and
(b) A person who is deemed to be a probationary employee pursuant to section 1 of this act.
7. Superintendent means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. Teacher means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 3. NRS 391.3115 is hereby amended to read as follows:
391.3115 1. The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, and section 1 of this act do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. The provisions of NRS 391.311 to 391.3194, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for failure to maintain a license in force.
3. A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employees leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, and section 1 of this act for demotion, suspension or dismissal apply to them.
κ2011 Statutes of Nevada, Page 2260 (CHAPTER 378, AB 225)κ
Sec. 4. NRS 391.3116 is hereby amended to read as follows:
391.3116 [The] Excluding the provisions of section 1 of this act, the provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a teacher, administrator, or other licensed employee who has entered into a contract with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the boards right to dismiss or refuse to reemploy the employee or demote an administrator.
Sec. 5. NRS 391.317 is hereby amended to read as follows:
391.317 1. At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, or dismiss or demote a probationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendents intention to make the recommendation.
2. The notice must:
(a) Inform the licensed employee of the grounds for the recommendation.
(b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer [.] pursuant to NRS 391.315 to 391.3194, inclusive, or if the employee is deemed to be a probationary employee pursuant to section 1 of this act and dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.
(c) Refer to chapter 391 of NRS.
3. If an employee who is deemed to be a probationary employee pursuant to section 1 of this act receives notice pursuant to subsection 1 that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.3161, 391.3192 and 391.3193 do not apply.
Sec. 6. This act becomes effective on July 1, 2011.
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