NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND SIXTY-NINTH DAY
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Carson City (Monday), July 7, 1997
Senate called to order at 1:11 a.m.
President Hammargren presiding.
Roll called.
All present.
REPORTS OF COMMITTEES
Mr. President:
Your Committee on Finance, to which was referred Assembly Bill No. 376, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio,
Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, July 6, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 190, 211, 356, 414, 437, 451, 453, 484, 524, 602, 662.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, July 7, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 225, 291, 353, 464, 595.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendments to Assembly Bills Nos. 147, 523.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 113 and requests a conference, and appointed Assemblymen Arberry, Perkins and Hettrick as a first Committee on Conference to meet with a like committee of the Senate.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator O'Donnell moved that Assembly Bill No. 178 be taken from the Secretary's desk and placed on the Second Reading File.
Motion carried.
Senator Raggio moved that Assembly Bill No. 339 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator Raggio.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 178.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1266.
Amend the bill as a whole by deleting sections 1 through 14 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
"Section 1 Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. For the purposes of this chapter, if an odometer that is connected to a motor vehicle is not capable of registering 100,000 miles or more, the odometer shall be deemed to register the actual mileage the vehicle has traveled while in operation.
Sec. 3. As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, "drivetrain" means those components and systems within a motor vehicle that transfer power from the engine of the vehicle to the wheels of the vehicle, including, without limitation, a transmission, driveshaft, torque converter, differential, universal joint and constant velocity joint.
Sec. 4. Before a used vehicle dealer may sell to a retail customer a used vehicle the odometer of which registers 75,000 miles or more, the used vehicle dealer must conduct a reasonably thorough inspection of the soundness and safety of the vehicle's engine and drivetrain.
Sec. 5. 1. Except as otherwise provided in subsection 3, a used vehicle dealer who sells to a retail customer a used vehicle the odometer of which registers 75,000 miles or more shall offer to sell to that retail customer an express written warranty which complies with the requirements set forth in subsection 2 and is valid for the period set forth in the schedule of warranties created pursuant to section 6 of this act.
2. An express written warranty required pursuant to subsection 1 must contain a statement that, in the event the operation of the used vehicle becomes impaired as a result of a defect in a component or system of the vehicle's engine or drivetrain, the used vehicle dealer shall, with reasonable promptness, correct the defect or cause the defect to be corrected.
3. A used vehicle dealer may sell to a retail customer a used vehicle the odometer of which registers 75,000 miles or more without offering to sell to that retail customer an express warranty if, before completing the sale, the used vehicle dealer discloses to the retail customer in writing any defects in the vehicle's engine and drivetrain of which the used vehicle dealer knows or reasonably should know after conducting the inspection required pursuant to section 4 of this act.
Sec. 6. 1. If an express written warranty is purchased by a retail customer for a used vehicle pursuant to section 5 of this act, the duration of the warranty must be determined pursuant to this section. If, on the date the vehicle was purchased from the used vehicle dealer, the odometer in the used vehicle registered:
(a) At least 75,000 but less than 80,001 miles, the warranty is valid for a period of 30 days therefrom or until the odometer in the vehicle registers 1,000 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(b) At least 80,001 but less than 85,001 miles, the warranty is valid for a period of 20 days therefrom or until the odometer in the vehicle registers 600 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(c) At least 85,001 but less than 90,001 miles, the warranty is valid for a period of 10 days therefrom or until the odometer in the vehicle registers 300 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(d) At least 90,001 but less than 100,001 miles, the warranty is valid for a period of 5 days therefrom or until the odometer in the vehicle registers 150 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(e) At least 100,001 miles, the warranty is valid for a period of 2 days therefrom or until the odometer in the vehicle registers 100 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
The period for which a warranty is valid pursuant to this section must be tolled during any period in which the operation of the vehicle is impaired and the vehicle is in the custody of the owners of a garage for repairs as a result of a defect in the vehicle's engine or drivetrain.
2. As used in this section, "garage" has the meaning ascribed to it in NRS 597.480.
Sec. 7. 1. A retail customer who purchases a used vehicle the odometer of which registers 75,000 miles or more may submit to the department a written complaint alleging that the used vehicle dealer has violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto. The department shall, within 10 days after it receives a complaint pursuant to this section, provide a copy of the complaint to the used vehicle dealer who is the subject of the complaint.
2. A complaint submitted pursuant to subsection 1 must include:
(a) A clear and concise statement of the complaint and the facts relating to the complaint;
(b) Copies of any documents relating to the complaint; and
(c) A statement of the manner in which the retail customer wishes to have the complaint resolved.
3. Upon receipt of a complaint pursuant to this section, the department shall investigate the complaint and determine whether the used vehicle dealer who is the subject of the complaint has violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto.
4. If the department determines that a used vehicle dealer has violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto, the department shall notify the used vehicle dealer of that determination and recommend to the dealer the actions that he may take to resolve the complaint.
5. A retail customer or used vehicle dealer who is aggrieved by the decision of the department may appeal the decision to the director.
Sec. 8. The department shall maintain a record of the complaints submitted to the department pursuant to section 7 of this act. The record must include a statement of whether the dealer was found to have violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted pursuant thereto, and if so, whether the used vehicle dealer resolved the complaint in the manner recommended by the department or in any other manner acceptable to the department and the retail customer who filed the complaint.
Sec. 9. 1. If the department determines from the record maintained pursuant to section 8 of this act that on more than three occasions a used vehicle dealer has:
(a) Been found to have violated the provisions of section 3 to 10, inclusive, of this act or the regulations adopted pursuant thereto; and
(b) Failed to resolve those complaints in the manner recommended by the department pursuant to section 7 of this act or in any other manner acceptable to the department and the retail customer who filed the complaint,
the department may impose an administrative fine, not to exceed $2,500, for each additional violation of the provisions of sections 3 to 10, inclusive, of this act. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the account for regulation of used vehicle dealers, which is hereby created in the state highway fund. Money in the account may be used only for the administration of NRS 481.048 and sections 3 to 10, inclusive, of this act.
3. In addition to any other remedy provided by law, the department may compel compliance with sections 3 to 10, inclusive, of this act, and any regulation adopted pursuant thereto, by injunction or other appropriate remedy, and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 10. The department may adopt regulations to carry out the provisions of sections 3 to 10, inclusive, of this act.
Sec. 11. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, "consumer fraud" means:
(a) An unlawful act as defined in NRS 119.330;
(b) An act prohibited by sections 3 to 10, inclusive, of this act;
(c) An act prohibited by NRS 482.351; or
[(c)] (d) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing party, the court shall award any damages that he has sustained.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.".
Amend the title of the bill to read as follows:
- "An Act relating to motor vehicles; requiring a used vehicle dealer to conduct certain inspections on certain vehicles that he sells to a retail customer; requiring a used vehicle dealer to offer to sell certain warranties for certain used vehicles that he sells to retail customers or to disclose certain defects in those vehicles; authorizing a retail customer of a used vehicle to file a complaint with the department of motor vehicles and public safety regarding a violation of those provisions; providing penalties; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "Summary--Revises provisions relating to sale of certain used vehicles. (BDR 43-745)".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senators O'Donnell and Titus.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 376.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1280.
Amend the bill as a whole by deleting sections 1 through 12 and inserting:
"Secs. 1-12. (Deleted by amendment.)".
Amend sec. 15, page 5, by deleting lines 3 through 13 and inserting:
"the courses of study required for promotion to high school, which may include the credits to be earned.
2. The board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs to complete the courses of study required for promotion to high school.
3. The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits".
Amend sec. 17, page 5, by deleting lines 31 and 32 and inserting:
"(c) Has not graduated from a high school;".
Amend sec. 57, page 10, by deleting line 8.
Amend the preamble of the bill, page 1, by deleting lines 10 through 12 and inserting:
"1. Encourage the coordination of year-round schedules of elementary, middle and high schools within the same school district or attendance area;".
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bill No. 353 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 225.
Bill read third time.
Roll call on Assembly Bill No. 225:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 225 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 486.
Bill read third time.
Remarks by Senator Adler.
Roll call on Assembly Bill No. 486:
Yeas -- 19.
Nays -- McGinness, Rhoads - 2.
Assembly Bill No. 486 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 622.
Bill read third time.
Roll call on Assembly Bill No. 622:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 622 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
RECEDE FROM SENATE AMENDMENTS
Senator Raggio moved that the Senate do not recede from its action on Assembly Bill No. 523, that a conference be requested, and that Mr. President appoint a first Committee on Conference consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Raggio.
Motion carried.
Bill ordered transmitted to the Assembly.
APPOINTMENT OF CONFERENCE COMMITTEES
Mr. President appointed Senators Rawson, Jacobsen and Mathews as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 523.
Mr. President appointed Senators James, Raggio and Adler as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 113.
Senator Raggio moved that the Senate recess until 2:30 a.m.
Motion carried.
Senate in recess at 1:48 a.m.
SENATE IN SESSION
At 3:50 a.m.
President Hammargren presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, July 7, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 474.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 194, 220, 316, 444, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Committee on Conference concerning Senate Bill No. 38.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 424.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 191.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 525.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Giunchigliani, Cegavske and Chowning as a first Committee on Conference concerning Assembly Bill No. 523.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bill No. 353 be taken from the Secretary's desk and placed on General File.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 353.
Bill read third time.
Remarks by Senators Raggio, Porter, O'Donnell and Neal.
Conflict of interest declared by Senator O'Donnell.
Senator Porter requested that the following remarks be entered in the Journal.
(The remarks will be in a reprint of the Senate Journal.)
Roll call on Assembly Bill No. 353:
Yeas -- 20.
Nays -- None.
Not voting -- O'Donnell.
Assembly Bill No. 353 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 178.
Bill read third time.
Roll call on Assembly Bill No. 178:
Yeas -- 17.
Nays -- McGinness, Regan, Rhoads - 3.
Not voting -- Townsend.
Assembly Bill No. 178 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 376.
Bill read third time.
Roll call on Assembly Bill No. 376:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 376 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 220.
The following Assembly amendment was read:
Amendment No. 1271.
Amend the bill as a whole by deleting sections 1 through 110 and adding new sections designated sections 1 through 69, following the enacting clause, to read as follows:
"Section 1. NRS 385.005 is hereby amended to read as follows:
385.0051. The legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts. The provisions of this Title are intended to reserve to the boards of trustees of local school districts within [the] this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers [shall] may only be limited by other specific provisions of law.
2. The responsibility of establishing a statewide policy of integration or desegregation of public schools is reserved to the legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the statewide policy established by the legislature is delegated to the respective boards of trustees of local school districts [.] and to the governing body of each charter school.
3. The state board [of education] shall, and each board of trustees of a local school district , the governing body of each charter school and any other school [official] officer may, advise the legislature at each regular session of any recommended legislative action to [insure] ensure high standards of equality of educational opportunity for all children in the State of Nevada.
Sec. 2 NRS 385.007 is hereby amended to read as follows:
385.007 As used in this Title, unless the context otherwise requires:
1. "Charter school" means a public school that is formed pursuant to the provisions of sections 8 to 31, inclusive, of this act.
2. "Department" means the department of education.
[2.] 3. "Public schools" means all kindergartens and elementary schools, junior high schools and middle schools, high schools , charter schools and any other schools, classes and educational programs which receive their support through public taxation and , except for charter schools, whose textbooks and courses of study are under the control of the state board.
[3.] 4. "State board" means the state board of education.
Sec. 3 NRS 385.110 is hereby amended to read as follows:
385.110 [The]
1. Except as otherwise provided in subsections 2 and 3, the state board [of education] shall prescribe and cause to be enforced the courses of study for the public schools of this state . [; provided:
1. That high]
2. For those courses of study prescribed by the state board:
(a) High schools may have modified courses of study, subject to the approval of the state board [of education; and
2. That any] ; and
(b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board . [of education.]
3. A charter school is not required to offer the courses of study prescribed by the state board except for those courses of study which are required for promotion to the next grade or graduation from high school.
Sec. 4 NRS 385.115 is hereby amended to read as follows:
385.115The state board [of education] shall cooperate with the attorney general in the establishment in the schools , including, without limitation, charter schools, of programs of information about missing children and adopt regulations containing guidelines for such programs.
Sec. 5 NRS 385.240 is hereby amended to read as follows:
385.2401. The superintendent of public instruction shall approve or disapprove lists of books for use in public school libraries [, but such] except for the libraries of charter schools. Such lists must not include books containing or including any story in prose or poetry the tendency of which would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or the American way of life, or not in harmony with the Constitution and laws of the United States or of the State of Nevada.
2. Actions of the superintendent with respect to lists of books are subject to review and approval or disapproval by the state board.
Sec. 6 NRS 385.347 is hereby amended to read as follows:
385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district [.] , including, without limitation, pupils enrolled in charter schools in the school district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(e) The total expenditure per pupil for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(f) The curriculum used by the school district, including [any] :
(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, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Efforts made by the school district and by each school in the district , including, without limitation, each charter school in the district, to increase communication with the parents of pupils in the district.
(j) Records of incidents involving weapons or violence for each school in the district [.] , including, without limitation, each charter school in the district.
(k) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(l) 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.
(m) Each source of funding for the school district.
(n) Such other information as is directed by the superintendent of public instruction.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of:
(1) The Nevada State Education Association;
(2) The Nevada Association of School Boards;
(3) The Nevada Association of School Administrators; and
(4) The Nevada Parent Teachers Association,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to the state board the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board:
(a) A separate report summarizing the effectiveness of the district's program of accountability during the school year; and
(b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
5. On or before February 15 of each year, the governing body of each charter school shall submit to the board of trustees of the school district in which the charter school is located the information required pursuant to paragraphs (a) to (n), inclusive, of subsection 2 for inclusion in the report of the board of trustees of the school district. On or before June 15 of each year, the governing body of each charter school shall submit to the state board:
(a) A separate report summarizing the effectiveness of the charter school's program of accountability during the school year; and
(b) A description of the efforts the charter school has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
6. On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.
Sec. 7 Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 31, inclusive, of this act.
Sec. 8 For the purposes of sections 8 to 31, inclusive, of this act, a pupil is "at risk" if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils with limited proficiency in the English language, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.
Sec. 9 1. The legislature hereby declares that by authorizing the formation of charter schools in this state:
(a) The primary consideration of the legislature is to serve the best interests of pupils who are at risk.
(b) The intention of the legislature is to provide:
(1) The board of trustees of school districts with a method to experiment with providing a variety of independent public schools to the pupils of this state;
(2) A framework for such experimentation;
(3) A mechanism by which the results achieved by charter schools may be measured and analyzed; and
(4) A procedure by which the positive results achieved by charter schools may be replicated and the negative results may be identified and eliminated.
(c) The intention of the legislature is to provide teachers and other educational personnel, parents, legal guardians and other persons who are interested in the system of public education in this state the opportunity to:
(1) Improve the learning of pupils and, by extension, improve the system of public education;
(2) Increase the opportunities for learning and access to quality education by pupils;
(3) Encourage the use of different and innovative teaching methods;
(4) Establish appropriate measures for and assessments of the learning achieved by pupils who are enrolled in charter schools;
(5) Provide a more thorough and efficient system of accountability of the results achieved in public education in this state; and
(6) Create new professional opportunities for teachers and other educational personnel, including, without limitation, the opportunity to increase the accessibility and responsibility of teachers and other educational personnel for the program of learning offered.
2. The legislature declares that by authorizing the formation of charter schools it is not authorizing:
(a) The establishment of a charter school as a justification to keep open an existing public school that would otherwise be closed;
(b) A means for providing financial assistance for private schools or programs of home study; or
(c) The formation of charter schools on the basis of a single race, religion or ethnicity.
Sec. 10 1. Except as otherwise provided in subsection 2:
(a) In a county whose population is more than 400,000, two charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.
(b) In a county whose population is more than 100,000 but less than 400,000, two charter schools may be formed.
(c) In a county whose population is less than 100,000, one charter school may be formed.
2. The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.
Sec. 11 The board of trustees of a school district may apply to the department for authorization to sponsor charter schools within the school district. An application must be approved by the department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.
Sec. 12 1. A committee to form a charter school must consist of at least three licensed teachers alone or in combination with:
(a) Ten or more members of the general public;
(b) Representatives of an organization devoted to service to the general public;
(c) Representatives of a private business; or
(d) Representatives of a college or university within the University and Community College System of Nevada.
2. A committee to form a charter school may not submit an application to form a charter school that proposes to convert a private school or a program of study at home into a charter school.
3. Before a committee to form a charter school may submit an application to the board of trustees of a school district, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:
(a) A written description of how the charter school will carry out the provisions of sections 8 to 31, inclusive, of this act.
(b) A written description of the educational programs that will be offered by the charter school.
(c) A written description of the level and type of educational services that will be provided to pupils who are at risk.
(d) The policy and criteria for admission to the charter school and the justification for the policy and criteria.
(e) The standards of achievement for the charter school, including, without limitation, the:
(1) Academic and other educational results that will be expected of pupils who are enrolled in the charter school;
(2) Time by which such results will be achieved; and
(3) Procedure by which the results will be measured and assessed.
(f) An agreement to provide a written report at the end of each school semester to the parents and legal guardians of pupils who are enrolled in the charter school, the residents of the community, the sponsor of the charter school and the state board. The written report must include the progress of the charter school in meeting the standards of achievement set forth in the application.
(g) The system of governance for the charter school.
(h) The system of organization and operation for the charter school.
(i) The policies, practices and programs of the charter school that will ensure participation and involvement in the activities of the charter school by parents and legal guardians of pupils who are enrolled in the charter school.
(j) The policies and practices of employment by the charter school applicable to the administrators and other employees of the charter school.
(k) The procedure for evaluation of the teachers and other employees of the charter school, if different from the procedure prescribed in NRS 391.3125.
(l) The written rules of behavior required of pupils who are enrolled in the charter school, including, without limitation, disciplinary policies and procedures for the charter school.
(m) A written description of the location of the charter school and the facilities and equipment available to the charter school. The description must include the procedures that will be followed for the disposition of facilities and equipment upon dissolution or nonrenewal of the charter.
(n) Guidelines for determining who is liable if the charter school is dissolved or its application for renewal is not approved.
(o) Procedures for auditing the programs and finances of the charter school.
(p) An agreement that the curriculum of the charter school will focus on the intellectual development of pupils, including, without limitation, the acquisition of identifiable academic and technical skills.
(q) An agreement that the pupils who are enrolled in the charter school will be tested on a regular basis and that copies of the examinations with a letter or numerical grade will be included in the report of progress of the pupil provided to the parents or legal guardian of the pupil.
(r) An agreement that a pupil must achieve a specified level of performance appropriate for his grade level before he is promoted to the next grade.
4. The department shall review an application to form a charter school to determine whether it is complete. The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
Sec. 13 1. Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. The board of trustees shall consider the application at a public meeting for which notice has been provided pursuant to chapter 241 of NRS. The board of trustees shall review the application to determine whether it is complete in accordance with the regulations of the department. The board of trustees shall approve an application if it is complete. The board of trustees shall provide written notice to the applicant of its approval or denial of the application. If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
2. If an application is approved by the board of trustees, the board of trustees and the applicant shall enter into a written agreement concerning the methods and procedures for the board of trustees to monitor the progress of the charter school. The written agreement must authorize the board of trustees and the department to physically inspect the school at any time. The contents of the application set forth in section 12 and the written agreement entered into pursuant to this subsection shall be deemed the written charter of the charter school. A written charter is for a term of 6 years unless the governing body of the charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of section 18 of this act.
3. If an application is approved by the board of trustees, the committee to form a charter school that submitted the application shall be deemed the governing body of the charter school.
4. Upon request of the governing body of a charter school and the approval of the board of trustees of the school district that granted the written charter, the written charter may be amended if such amendment will grant to the charter school a greater ability to achieve its educational goals and objectives. An amendment must not authorize an extension of the duration of the term of the written charter.
Sec. 14 1. On or before July 1 of each year, the board of trustees of a school district that sponsors a charter school shall submit a written report to the state board. The written report must include an evaluation of the progress of each charter school sponsored by the board of trustees in achieving its educational goals and objectives.
2. The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the board of trustees of the school district that is the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the department, the board of trustees may renew the written charter of the school pursuant to subsection 2 of section 18 of this act.
Sec. 15 The board of trustees of a school district may revoke the written charter of the charter school before the expiration of the charter if a majority of the members of the board of trustees determines that the charter school, its officers or its employees have failed to comply with:
1. The terms and conditions of the written charter, including, without limitation, the times by which certain academic or educational results would be achieved;
2. Generally accepted standards of accounting and fiscal management; or
3. The provisions of sections 8 to 31, inclusive, of this act or any other statute or regulation applicable to charter schools.
Sec. 16 The board of trustees of a school district that approves the formation of a charter school shall not:
1. Assign any pupil who is enrolled in a public school in the school district or any employee who is employed in a public school in the school district to a charter school.
2. Interfere with the operation and management of the charter school except as authorized by the written charter, sections 8 to 31, inclusive, of this act and any other statute or regulation applicable to charter schools or its officers or employees.
Sec. 17 If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, the governing body of the charter school shall make an assignment of all real property and other property of the charter school to the State of Nevada for the repayment of all money received by the charter school from this state for the operation of the charter school during that year. The governing body shall make full settlement with this state for such repayment, and the state may take any lawful action necessary to recover the money.
Sec. 18 1. Except as otherwise provided in subsection 2, an application for renewal of a written charter may be submitted to the sponsor of the charter school not less than 90 days before the expiration of the charter. The application must include the information prescribed by the regulations of the department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in section 15 of this act. The sponsor shall provide written notice of its determination not fewer than 30 days before the expiration of the charter. If the sponsor intends not to renew the charter, the written notice must:
(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and
(b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.
If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.
2. A charter school may submit an application for renewal of its initial charter after 3 years of operation of the charter school. The application must include the information prescribed by the regulations of the department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in section 15 of this act. The sponsor shall provide written notice of its determination. If the sponsor intends not to renew the charter, the written notice must:
(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and
(b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.
If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.
Sec. 19 A charter school shall:
1. Comply with all laws and regulations relating to discrimination and civil rights.
2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
5. Comply with the provisions of chapter 241 of NRS.
6. Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.
7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.
8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
9. Provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
10. Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.
11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.
Sec. 20 A charter school shall not be supported by or otherwise affiliated with any religion or religious organization or institution.
Sec. 21 1. A charter school may contract with the board of trustees of the school district in which the charter school is located to perform any service relating to the operation of the charter school, including, without limitation, transportation and the provision of health services for the pupils who are enrolled in the charter school.
2. A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.
Sec. 22 1. The policies for admission to a charter school must be consistent with the provisions of the written charter of the charter school and must be directly related to the goals and missions of the charter school.
2. An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
3. Except as otherwise provided in subsection 5, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
of a pupil.
4. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.
5. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:
(a) With disabilities;
(b) Who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation; or
(c) Who are at risk.
If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.
Sec. 23 1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and
(b) Appropriate punishments for violations of the rules.
2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.
3. A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.
4. A pupil who is enrolled in a charter school and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters, be:
(a) Suspended from the charter school pursuant to this section for not more than 10 days.
(b) Suspended from the charter school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.
(b) Available for public inspection at the charter school.
6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.
Sec. 24 1. Pupils who are enrolled in a charter school, including, without limitation, pupils who are enrolled in programs of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
2. The board of trustees of a school district shall, at the same time and in the same manner as it distributes money to all other public schools in the school district, distribute money to a charter school in an amount per pupil which is equal to the amount per pupil that is allocated to the other public schools in the school district. The board of trustees shall deduct the salaries for licensed and nonlicensed employees in the charter school.
3. The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer.
4. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils must be revised on the last day of the first month of the school year, based on the actual number of pupils who are enrolled in the charter school.
5. The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.
Sec. 25 1. At least 75 percent of the teachers who provide instruction at a charter school must be licensed teachers.
2. A charter school may employ persons who are not licensed teachers to provide instruction at the charter school if not more than 25 percent of teachers who provide instruction at the charter school are not licensed. A person who is employed pursuant to this subsection must:
(a) Possess a temporary license to teach during the time that he is fulfilling the requirements for full licensure;
(b) Possess a baccalaureate degree or higher degree; or
(c) Have at least 8 years of experience in the field in which he is employed and possess exemplary skills in that field.
3. A person who is employed pursuant to paragraph (b) or (c) of subsection 2:
(a) Must provide instruction at a charter school only under the direction of a licensed teacher. The licensed teacher must be responsible for all instructional activities of the unlicensed teacher.
(b) May only be selected for employment based upon his qualifications, as determined by the charter school.
4. A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:
(a) A master's degree in school administration, public administration or business administration; or
(b) If the person has at least 5 years of experience in administration, a baccalaureate degree.
5. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.
Sec. 26 1. Except as otherwise provided in this subsection and subsection 2, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.
2. A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.
3. All employees of a charter school shall be deemed public employees.
4. The governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable collective bargaining agreement contains separate provisions relating to the discipline of licensed employees of a school.
5. If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.
6. The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.
7. An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees' retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.
8. Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.
9. An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees' retirement system.
10. For all employees of a charter school:
(a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees' retirement system.
(b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.
Sec. 27 1. On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the superintendent of public instruction and the director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly a report that includes:
(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.
(b) For each licensed employee and nonlicensed teacher employed at the charter school on October 1 of that year:
(1) The amount of salary of the employee; and
(2) The designated assignment, as that term is defined by the department, of the employee.
(c) The count of pupils who are enrolled in a charter school in:
(1) Kindergarten;
(2) Grades 1 to 12, inclusive; and
(3) Special education pursuant to NRS 388.440 to 388.520, inclusive.
(d) The actual expenditures of the charter school in the fiscal year immediately preceding the report.
(e) The proposed expenditures of the charter school for the current fiscal year.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each governing body pursuant to subsection 1.
3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the state distributive school account for the preceding year.
Sec. 28 1. The person designated by the governing body of a charter school shall draw all orders for the payment of money belonging to the charter school. The orders must be listed on cumulative voucher sheets.
2. The governing body of a charter school shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.
3. No order in favor of a member of the governing body of the charter school, except for salaries, travel expenses and subsistence or for services of any member, may be drawn.
4. No action may be maintained against any governing body of a charter school upon any bill not presented for payment to the governing body within 6 months after the bill was incurred.
Sec. 29 The department and the board of trustees of a school district shall:
1. Upon request, provide information to the general public concerning the formation and operation of charter schools;
2. Maintain a list available for public inspection that describes the location of each charter school;
3. Maintain a list available for public inspection of any buildings or facilities that may be suitable for the operation of a charter school;
4. Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of sections 8 to 31, inclusive, of this act; and
5. Provide technical and other reasonable assistance to a charter school for the operation of the charter school.
Sec. 30 1. The department shall adopt regulations that prescribe:
(a) The process for submission of an application by the board of trustees of a school district to the department for authorization to sponsor charter schools and the contents of the application;
(b) The process for submission of an application to form a charter school to the department and to the board of trustees of a school district, and the contents of the application;
(c) The process for submission of an application to renew a written charter; and
(d) The criteria and type of investigation that must be applied by the board of trustees in determining whether to approve an application to form a charter school or an application to renew a written charter.
2. The department may adopt regulations as it determines are necessary to carry out the provisions of sections 8 to 31, inclusive, of this act, including, without limitation, regulations that prescribe the procedures for accounting, budgeting and annual audits of charter schools.
Sec. 31 The state board shall:
1. Review all statutes and regulations from which charter schools are exempt and determine whether such exemption assisted or impeded the charter schools in achieving their educational goals and objectives.
2. Make available information concerning the formation and operation of charter schools in this state to pupils, parents and legal guardians of pupils, teachers and other educational personnel and members of the general public.
Sec. 32 NRS 387.067 is hereby amended to read as follows:
387.0671. The state board [of education] may accept and adopt regulations or establish policies for the disbursement of money appropriated and apportioned to the State of Nevada , [or] the school districts or the charter schools of the State of Nevada by the Congress of the United States for purposes of elementary and secondary education.
2. The superintendent of public instruction shall deposit the money with the state treasurer, who shall make disbursements therefrom on warrants of the state controller issued upon the order of the superintendent of public instruction.
3. The state board , [of education and] any school district within [the] this state and any governing body of any charter school in this state may, within the limits provided in this section, make such applications , [and] agreements and [give such] assurances to the Federal Government , and conduct such programs as may be required as a condition precedent to the receipt of money appropriated by any Act of Congress for purposes of elementary and secondary education. [Neither the state board of education nor a school district may enter into] Such an agreement or [give an assurance which requires the] assurance must not require this state , or a school district or governing body to provide money above the amount appropriated or otherwise lawfully available for that purpose.
Sec. 33 NRS 387.080 is hereby amended to read as follows:
387.0801. The state board [of education] may enter into agreements with any agency of the Federal Government, [with] any board of trustees of a school district, any governing body of a charter school or [with] any other entity or person. The state board may establish policies and prescribe regulations, authorize the employment of such personnel [,] and take such other action as it [may deem] considers necessary to provide for the establishment, maintenance, operation and expansion of any program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.
2. The state treasurer shall disburse federal, state and other money designated for a program of nutrition on warrants of the state controller issued upon the order of the superintendent of public instruction pursuant to regulations or policies of the state board.
3. The superintendent of public instruction may:
(a) Give technical advice and assistance to any person or entity in connection with the establishment and operation of any program of nutrition.
(b) Assist in training personnel engaged in the operation of any program of nutrition. Sec. 34 NRS 387.090 is hereby amended to read as follows:
387.090[Boards] The board of trustees of each school [districts] district and the governing body of each charter school may:
1. Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.
2. Use therefor money disbursed to them [under] pursuant to the provisions of NRS 387.070 to 387.105, inclusive, gifts, donations and other money received from the sale of food under those programs.
3. Deposit the money in one or more accounts in a bank or banks within the state.
4. Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.
Sec. 35 NRS 388.020 is hereby amended to read as follows:
388.020 1. An elementary school is a public school in which no grade work is given above that included in the eighth grade, according to the regularly adopted state course of study.
2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the state board . [of education.] The school is an elementary or secondary school for the purpose of teachers' certifications.
3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of teachers' certifications.
4. A special school is an organized unit of instruction operating with approval of the state board . [of education.]
5. A charter school is a public school that is formed pursuant to the provisions of sections 8 to 31, inclusive, of this act.
Sec. 36 NRS 388.040 is hereby amended to read as follows:
388.040 [In any]
1. Except as otherwise provided in subsection 2, the board of trustees of a school district [having and maintaining] which includes more than one school [offering] that offers instruction in the same grade or grades [, the board of trustees shall have the power to] may zone the school district and [to] determine which pupils shall attend each school.
2. The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a charter school.
Sec. 37 NRS 388.150 is hereby amended to read as follows:
388.1501. No books, tracts or papers of a sectarian or denominational character [shall] may be used or introduced in any public school established [under] pursuant to the provisions of this Title of NRS, nor [shall] may any sectarian or denominational doctrines be taught in any public school.
2. Any school district or charter school whose officers knowingly allow any public schools to be taught in violation of this section forfeits all right to any public school funds.
Sec. 38 NRS 388.367 is hereby amended to read as follows:
388.3671. There is hereby created in the state treasury the fund for the improvement of occupational education to be administered by the state board . [of education.] The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to work adopted pursuant to NRS 388.368.
3. Money in the fund must not be:
(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or
(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.
4. The state board [of education] shall establish annually a basic allocation of [$25,000] :
(a) Twenty-five thousand dollars to each school district and community college whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board . [of education. The remaining]
(b) Not more than $25,000 to each charter school whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board.
5. Any money remaining after the allocations made pursuant to subsection 4 must be allocated to:
(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 [through] to 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; [and]
(b) Charter schools with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the charter school on the last day of the first month of the school year preceding the school year for which the money is being provided; and
(c) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.
Sec. 39 NRS 388.368 is hereby amended to read as follows:
388.3681. The state board [of education] shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board [of education] shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.
2. The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:
(a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.
(b) To provide career counseling for all pupils during the 9th and 10th grades.
(c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.
(d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
(e) To adopt a system for issuing certificates of technical or vocational proficiency.
(f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.
(g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.
(h) To strengthen the relationship [between] among the business community , [and] school districts and charter schools to promote job training and internships.
(i) To encourage statewide participation in the program.
(j) To meet the continuing educational and developmental needs of teachers and employees of the school district [.] and charter schools.
(k) To adopt a process to evaluate the program and to integrate improvements into the program.
3. To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district , a charter school or a community college must submit to the state board [of education] an application that includes:
(a) A description of the partnership between the school district , charter school or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.
(b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants' skills to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.
(c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board [of education] and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.
(d) Other information the state board [of education] may require to determine the eligibility of the school district or the charter school to participate in the program.
4. The state board , [of education,] after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.
5. As used in this section, "assisting agencies" means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.
Sec. 40 NRS 388.390 is hereby amended to read as follows:
388.390[When] If the board of trustees of a school district [has organized] or the governing body of a charter school organizes a school or classes for occupational education in accordance with the regulations adopted by the state board for occupational education and the school or classes have been approved by the executive officer of the state board for occupational education, the school district or the charter school is entitled to share in federal and state money available for the promotion of occupational education in the amount determined by the executive officer of the state board for occupational education, in accordance with the regulations and policies of the board.
Sec. 41 NRS 388.520 is hereby amended to read as follows:
388.5201. The state board [of education] shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.
2. [Prescribed] The minimum standards prescribed by the state board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:
(a) Hearing impairments, including, but not limited to, deafness.
(b) Visual impairments, including, but not limited to, blindness.
(c) Orthopedic impairments.
(d) Speech and language impairments.
(e) Mental retardation.
(f) Multiple impairments.
(g) Serious emotional disturbances.
(h) Other health impairments.
(i) Specific learning disabilities.
(j) Autism.
(k) Traumatic brain injuries.
(l) Developmental delays.
(m) Gifted and talented abilities.
3. No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the superintendent of public instruction as meeting the [prescribed] minimum standards [.] prescribed by the state board.
Sec. 42 NRS 389.015 is hereby amended to read as follows:
389.0151. The board of trustees of each school district shall administer examinations in all public schools [within its district to] of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8 and 11.
(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Scored by a single private entity that has contracted with the state board to score the examinations. The entity shall report the results of the examinations in the form required by the department.
3. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
4. If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
5. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading and mathematics prescribed for grades 4 and 8 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 and 8 in this state to that of a national reference group of pupils in grades 4 and 8. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer's duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
Sec. 43 NRS 389.017 is hereby amended to read as follows:
389.017The state board [of education] shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th and 11th grades [of] to public school pupils [in] of the district [.] and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
Sec. 44 NRS 390.140 is hereby amended to read as follows:
390.1401. The state board [of education] shall make the final selection of all textbooks to be used in the public schools in this state [.] , except for charter schools.
2. A textbook must not be selected by the state board pursuant to subsection 1 for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds.
Sec. 45 NRS 390.220 is hereby amended to read as follows:
390.220Boards of trustees of school districts in this state shall enforce in the public schools , excluding charter schools, the use of textbooks prescribed and adopted by the state board . [of education.]
Sec. 46 NRS 390.230 is hereby amended to read as follows:
390.230 1. [The] Except as otherwise provided in subsection 2, the textbooks adopted by the state board [of education] must be used in the public schools in [the] this state , and no other books may be used as basic textbooks.
2. This section does not prohibit:
(a) The continued use of such textbooks previously approved until they become unserviceable.
(b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.
(c) After approval by the state board, the temporary use of textbooks for tryout purposes.
(d) A charter school from using textbooks other than those adopted for use by the state board.
3. Any school officer or teacher who violates the provisions of this chapter, or knowingly fails to follow the regulations of the state board relating to use of textbooks shall be punished by a fine of not more than $250.
4. All superintendents, principals, teachers and school officers are charged with the execution of this section.
Sec. 47 NRS 391.045 is hereby amended to read as follows:
391.045 The superintendent of public instruction shall file with the clerk of the board of trustees of each local school district a directory of all teachers and other educational personnel [who hold licenses entitling them] , including, without limitation, teachers and educational personnel employed by a charter school pursuant to sections 26 and 27 of this act, who are entitled to draw salaries from the county school district fund, and shall advise the clerk from time to time of any changes or additions to the directory.
Sec. 48 NRS 391.170 is hereby amended to read as follows:
391.170 [A]
1. Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:
[1.] (a) He is legally employed by the board of trustees of the school district in which he is teaching or performing other educational functions.
[2.] (b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.
2. The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school pursuant to the provisions of sections 26 and 27 of this act.
Sec. 49 NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, "employee" means any employee of a school district or charter school in this state.
2. A school month in any public school in this state consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees' compensation in 12 equal monthly payments for 9 or more months' work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee [of a school district] takes a position with another school district [,] or charter school, all sick leave that he has accumulated must be transferred from his former school district or charter school to his new school district [.] or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:
(a) Shall first use the sick leave credited to the employee from the district or charter school into which he transferred before using any of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.
(b) If , on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or [by] a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.
9. If any subject referred to in this section is included in an agreement or contract negotiated by [the] :
(a) The board of trustees of a school district pursuant to chapter 288 of NRS [,] ; or
(b) The governing body of a charter school pursuant to section 27 of this act,
the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.
Sec. 50 NRS 391.260 is hereby amended to read as follows:
391.260 [Every]
1. Except as otherwise provided in subsection 2, each teacher in the public schools shall enforce the course of study as prescribed by law, the use of legally authorized textbooks, and the rules and regulations prescribed for teachers and schools.
2. The provisions of subsection 1 do not prohibit a charter school from:
(a) Offering courses of study other than the courses of study prescribed by law;
(b) Using textbooks other than the textbooks that are legally authorized for use in the school district; or
(c) Enforcing rules and regulations other than the rules and regulations prescribed.
Sec. 51 NRS 392.125 is hereby amended to read as follows:
392.1251. [Before] Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil's teacher and principal must make a reasonable effort to arrange a meeting and to meet with his parents or guardian to discuss the reasons and circumstances.
2. The teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.
3. No pupil may be retained more than one time in the same grade.
4. This section does not apply to the academic retention of pupils who are enrolled in a charter school.
Sec. 52 NRS 392.160 is hereby amended to read as follows:
392.1601. Any peace officer, the attendance officer, or any other school officer shall, during school hours, take into custody without warrant:
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,
who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.
2. Except as otherwise provided in subsection 3:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child's school of attendance.
(b) After school hours, [he] the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.
3. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, "counseling agency" means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
Sec. 53 NRS 392.165 is hereby amended to read as follows:
392.1651. The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child's identity and, if applicable, a copy of the child's records from the school he most recently attended.
2. Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.
3. A child who is in the custody of the division of child and family services of the department of human resources may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal , [or] superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
Sec. 54 NRS 392.167 is hereby amended to read as follows:
392.167A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the board of trustees of a school district or the governing body of a charter school to enroll that child in a public school within that district under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 392.165. Except as otherwise provided by specific statute, the court shall issue the order if it determines that to do so would be in the best interests of the child.
Sec. 55 NRS 392.170 is hereby amended to read as follows:
392.170Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:
1. Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child, for violation of any of the provisions of NRS 392.130 to 392.160, inclusive, or 392.040 to 392.110, inclusive.
2. Make and file a written report of the investigation and the findings thereof in the records of the board.
Sec. 56 NRS 392.180 is hereby amended to read as follows:
392.180If it appears upon investigation that any parent, guardian or other person having control or charge of any child has violated any of the provisions of NRS 392.130 to 392.160, inclusive, or 392.040 to 392.110, inclusive, the clerk of the board of trustees, except as otherwise provided in NRS 392.190, or the governing body of a charter school in which the child is enrolled, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.
Sec. 57 NRS 392.430 is hereby amended to read as follows:
392.430[The]
1. Except as otherwise provided in subsection 2, the board of trustees of a school district [shall have power:
1. To make] may:
(a) Adopt and enforce [necessary] regulations that are necessary for sanitation in the public schools and [to prevent] for the prevention of the spread of contagious and infectious diseases therein.
[2. To expend]
(b) Spend money available in the school district [funds] to enforce the regulations among indigent children.
2. The governing body of a charter school may:
(a) Adopt and enforce rules that are necessary for sanitation in the charter school and for the prevention of contagious and infectious diseases; and
(b) Spend money to enforce the rules among indigent children.
Sec. 58 NRS 392.435 is hereby amended to read as follows:
392.4351. Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state unless his parents or guardian submit to the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child has been accepted for enrollment a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or his designee or a registered nurse or his designee, attesting that the certificate accurately reflects the child's record of immunization.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.
5. Before December 31 of each year, each school district and the governing body of each charter school shall report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
6. The certificate of immunization must be included in the pupil's academic or cumulative record and transferred as part of that record upon request.
Sec. 59 NRS 392.437 is hereby amended to read as follows:
392.437A public school shall not refuse to enroll a child as a pupil because [such] the child has not been immunized pursuant to NRS 392.435 if the parents or guardian of [such child have] the child has submitted to the board of trustees of the school district or the governing body of a charter school in which the child has been accepted for enrollment a written statement indicating that their religious belief prohibits immunization of such child or ward.
Sec. 60 NRS 392.439 is hereby amended to read as follows:
392.439If the medical condition of a child will not permit him to be immunized to the extent required by NRS 392.435 [,] and a written statement of this fact is signed by a licensed physician and [presented to the board of trustees] by the parents or guardian of [such] the child , the board of trustees of the school district or governing body of the charter school in which the child has been accepted for enrollment shall exempt [such] the child from all or part of the provisions of NRS 392.435, as the case may be, for enrollment purposes.
Sec. 61 NRS 392.443 is hereby amended to read as follows:
392.443If, after a child has been enrolled in a public school and before registration for any subsequent school year additional immunization requirements are provided by law, the child's parents or guardian shall submit an additional certificate or certificates to the board of trustees or the governing body of the charter school in which the child is enrolled stating that [such] the child has met the new immunization requirements.
Sec. 62 NRS 392.446 is hereby amended to read as follows:
392.446Whenever the state board of health or a local board of health determines that there is a dangerous contagious disease in a public school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 392.437 or 392.439, the board of trustees of the school district or the governing body of the charter school in which the child is enrolled shall require either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local health officer be notified.
Sec. 63 NRS 392.450 is hereby amended to read as follows:
392.4501. The board of trustees of [a] each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once [a] each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency. Not more than three of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.
2. In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, the drills required by subsection 1 must be conducted under the supervision of the:
(a) Person designated for this purpose by the board of trustees of the school district [;] or the governing body of a charter school; and
(b) Chief of the fire department of the city or town.
3. A diagram of the approved escape route and any other information related to the drills which is approved by the chief of the fire department or, if there is no fire department, the state fire marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.
5. Any violation of the provisions of this section is a misdemeanor.
Sec. 64 NRS 392.455 is hereby amended to read as follows:
392.4551. If a school district or a charter school has established classes in occupational education, the teachers and pupils in those classes must wear devices provided by the school district or the charter school which are designed to protect their eyes while they are using power tools, torches or other dangerous equipment or machinery.
2. The teachers and pupils in classes in science must wear devices provided by the school district which are designed to protect their eyes when chemicals or toxic substances are used in those classes.
Sec. 65 1. On or before February 1, 2001, the state board of education shall submit a written report to the:
(a) Governor; and
(b) Director of the legislative counsel bureau for transmission to the senate standing committee on human resources and facilities and the assembly standing committee on education.
2. The written report must evaluate the progress of charter schools in this state in improving the system of public education and achieving the educational goals and objectives set forth in the written charters of each charter school. In evaluating the progress of charter schools, the state board shall compare the educational performance of pupils who are enrolled in charter schools with the performance of pupils who are from similar ethnic and economic backgrounds and who are not enrolled in charter schools. The evaluation must include a fiscal analysis based on total per pupil expenditures in the public school system.
Sec. 66 A charter school that is formed pursuant to the provisions of sections 8 to 31, inclusive, of this act, shall not commence operations before the 1997-1998 school year.
Sec. 67 The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 68 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 69 This act becomes effective upon passage and approval.".
Amend the title of the bill to read as follows:
- "An Act relating to public education; authorizing the formation of charter schools; restricting the number of charter schools that may be formed in certain counties; providing an exception from the limitation for charter schools that provide educational services to pupils who are at risk; authorizing the board of trustees of school districts to sponsor charter schools; prescribing the process by which an application to form a charter school is submitted and approved; providing for the financial support of charter schools; exempting charter schools from certain statutes applicable to public schools; providing a penalty; and providing other matters properly relating thereto.".
Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 220.
Remarks by Senator Rawson.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 444.
The following Assembly amendment was read:
Amendment No. 1247.
Amend the bill as a whole by deleting section 5 and renumbering sections 6 through 9 as sections 5 through 8.
Amend the title of the bill to read as follows:
- "An Act relating to motor carriers; revising the provisions governing unlawful advertising by fully regulated carriers; authorizing the public service commission of Nevada to petition a court of competent jurisdiction for an injunction prohibiting a person from continuing to engage in certain advertising relating to those carriers; providing a penalty; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "Summary--Revises provisions governing unlawful advertising by fully regulated motor carriers. (BDR 58-1755)".
Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 444.
Remarks by Senator O'Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 39.
The following Assembly amendments were read:
Amendment No. 1217.
Amend section 1, page 1, line 2, by deleting:
"2, 3 and 4" and inserting:
"2 to 6, inclusive,".
Amend the bill as a whole by deleting sections 2 through 4 and adding new sections designated sections 2 through 6, following section 1, to read as follows:
"Sec. 2. 1. Except as otherwise provided in section 3 of this act, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.
2. A review board created pursuant to subsection 1 must consist of:
(a) In a city or county whose population is 100,000 or more, 25 members; and
(b) In a city or county whose population is less than 100,000, 12 members.
3. Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons are submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.
4. A person appointed to the review board must:
(a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.
(b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables.
Sec. 3. 1. If a metropolitan police department has been formed pursuant to NRS 280.110, the metropolitan police committee on fiscal affairs may request the participating political subdivisions to create a review board to advise the committee on issues concerning peace officers employed by the metropolitan police department. The participating subdivisions may jointly create such a review board by mutual ordinances.
2. A review board created pursuant to subsection 1 must consist of 25 members, appointed from a list of names submitted by interested persons. The members of the metropolitan police committee on fiscal affairs who are representatives of the county shall appoint 13 members of the review board, and the members of the metropolitan police committee on fiscal affairs who are representatives of each participating city within the county shall appoint an equal number of the remaining 12 members. If an insufficient number of names of interested persons are submitted, the members of the metropolitan police committee on fiscal affairs shall appoint the remaining members in the manner they deem appropriate.
3. A person appointed to the review board must:
(a) Be a resident within the jurisdiction of the participating subdivisions for which the review board was created, except no member of the review board may be currently employed as a peace officer.
(b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers.
Sec. 4. A review board created pursuant to section 2 or 3 of this act:
1. Does not have jurisdiction over any matter in which it is alleged that a crime has been committed.
2. Shall not abridge the rights of a peace officer, school police officer, constable or deputy of a constable that are granted pursuant to a collective bargaining agreement, a contract or any federal or state statute or regulation.
Sec. 5. 1. A review board that is created pursuant to paragraph (a) of subsection 2 of section 2 of this act or pursuant to section 3 of this act must meet in panels of five members to carry out its duties.
2. A review board that is created pursuant to paragraph (b) of subsection 2 of section 2 of this act must meet in panels of three members to carry out its duties.
3. Members must be selected randomly to serve on a panel, and the panel shall select one of its members to serve as chairman of the panel.
4. A panel of a review board created pursuant to section 2 or 3 of this act may:
(a) Refer a complaint against a peace officer, school police officer, constable or deputy of a constable to the employer of the peace officer, school police officer, constable or deputy of a constable.
(b) Review an internal investigation of a peace officer, school police officer, constable or deputy of a constable within the jurisdiction of the governing body that created the review board and make recommendations regarding any disciplinary action against the peace officer, school police officer, constable or deputy of a constable that is recommended by his employer, including, without limitation:
(1) Increasing or decreasing the recommended level of discipline; and
(2) Exonerating the peace officer, school police officer, constable or deputy of a constable who has been the subject of the internal investigation.
5. The employer of a peace officer, school police officer, constable or deputy of a constable shall make available to a panel of the review board any personnel file or other material necessary for the panel to conduct a review.
6. When reviewing an internal investigation of a peace officer, school police officer, constable or deputy of a constable pursuant to subsection 4, the panel shall provide the peace officer, school police officer, constable or deputy of a constable with notice and an opportunity to be heard. The peace officer, school police officer, constable or deputy of a constable may represent himself at the hearing before the panel or be represented by an attorney or other person of his own choosing. The review board, governing body and employer of the peace officer, school police officer, constable or deputy of a constable are not responsible for providing such representation.
7. The chairman of a panel of a review board shall report the findings and recommendation of the panel regarding disciplinary action to the employer of the peace officer, school police officer, constable or deputy of a constable.
8. The ordinance pursuant to which a review board is created must:
(a) Provide for an appeal of a recommendation made by a panel of the review board by a peace officer, school police officer, constable or deputy of a constable;
(b) Specify the manner for conducting an appeal which may include, without limitation, the formation of another randomly selected panel, mediation or conciliation; and
(c) Provide whether a decision regarding an appeal is final and binding.
9. The findings and recommendation of a panel of the review board are public records unless otherwise declared confidential by state or federal law.
10. A proceeding of a panel of such a review board is closed to the public.
Sec. 6. 1. A panel of a review board that is created pursuant to section 2 or 3 of this act may:
(a) Administer oaths;
(b) Take testimony;
(c) Within the scope of its jurisdiction, issue subpoenas to compel the attendance of witnesses to testify before the panel;
(d) Require the production of books, papers and documents; and
(e) Issue commissions to take testimony.
2. If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena, the panel may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.".
Amend the title of the bill by deleting the second and third lines and inserting:
"governing body of a political subdivision on issues concerning peace officers, school police officers, constables and deputies of constables; and providing other matters properly relating thereto.".
Amend the summary of the bill by deleting the second line and inserting:
"subdivision on issues concerning peace officers, school police officers, constables and deputies of constables.".
Senator O'Connell moved that the Senate concur in Assembly amendment No. 1217 to Senate Bill No. 39.
Motion carried.
Amendment No. 1246.
Amend sec. 5, page 3, by deleting lines 37 through 44 and inserting:
"8. A police officer, school police officer, constable or deputy of a constable may appeal a recommendation made by a panel of the review board. The ordinance pursuant to which the review board is created must specify the manner for conducting appeals, and may include, without limitation, mediation, conciliation or review by another panel of randomly selected members of the review board. If the appeal is heard by another panel of the review board, the determination made by the panel hearing the appeal is final and binding and is not subject to judicial review.".
Senator O'Connell moved that the Senate do not concur in Assembly amendment No. 1246 to Senate Bill No. 39.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 312.
The following Assembly amendment was read:
Amendment No. 1215.
Amend sec. 3, page 2, line 4, by deleting "inclusive." and inserting:
"inclusive [.] , including, without limitation, the provisions of an employment plan or a contract approved for a redevelopment project.".
Amend sec. 6, page 4, line 30, by deleting:
"July 1, 1997," and inserting:
"November 5, 1996,".
Amend sec. 6, page 4, line 36, by deleting:
"July 1, 1997," and inserting:
"November 5, 1996,".
Amend the bill as a whole by renumbering sections 13 and 14 as sections 16 and 17 and adding new sections designated sections 13 through 15, following sec. 12, to read as follows:
"Sec. 13. Section 13 of Senate Bill No. 414 of this session is hereby amended to read as follows:
- Sec. 13. NRS 279.676 is hereby amended to read as follows:
- 279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
- (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.
- (b) Except as otherwise provided in paragraphs (c) and (d) [,] and section 3 of this act, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 278.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
- (c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.
- (d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.
- 2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:
- (a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
- (b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
- If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.
- 3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
- 4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 14. Section 14 of Senate Bill No. 414 of this session is hereby amended to read as follows:
- Sec. 14. NRS 354.59811 is hereby amended to read as follows:
- 354.59811
- Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, and section 3 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
- 1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
- 2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 15. The amendatory provisions of section 6 of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a redevelopment agency, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.".
Amend sec. 13, page 15, line 1, by deleting "NRS" and inserting "1. NRS".
Amend sec. 13, page 15, line 11, by deleting "361B.260,".
Amend sec. 13, page 15, between lines 12 and 13, by inserting:
"2. NRS 361B.260 is hereby repealed.".
Amend sec. 14, page 15, by deleting lines 13 and 14 and inserting:
"Sec. 17. 1. This section and sections 1 to 15, inclusive, and subsection 1 of section 16 of this act become effective on June 30, 1997.
2. Subsection 2 of section 16 of this act becomes effective at 12:01 a.m. on July 1, 1997.".
Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 312.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 316.
The following Assembly amendment was read:
Amendment No. 1267.
Amend section 1, page 1, by deleting lines 3 through 7 and inserting:
"1. The board of trustees of each school district:
(a) Shall establish a plan for the teachers and other licensed educational personnel in the school district who teach or supervise pupils in physical education; and
(b) May establish a plan for the teachers and other licensed educational personnel in the school district who teach or supervise pupils in courses of study or activities other than physical education which involve a high risk that cardiopulmonary resuscitation will need to be administered during the course of study or activity,
to receive the training which is".
Amend section 1, page 1, by deleting line 9 and inserting:
"resuscitation.
2. A plan established by the board of trustees pursuant to subsection 1 must:".
Amend section 1, page 1, line 14, after "district" by inserting:
"other than physical education".
Amend section 1, page 2, line 2, by deleting "physical education,".
Amend section 1, page 2, by deleting lines 7 through 11 and inserting:
"3. The board of trustees of each school district shall submit to the state board any plan that it establishes pursuant to subsection 1.
4. A teacher or other person who:
(a) Is licensed pursuant to this chapter; and
(b) Teaches or supervises:
(1) Physical education; or
(2) A course of study or an activity that the board ".
Amend section 1, page 2, line 14, by deleting "activity," and inserting:
"activity and for which the board of trustees has established a plan pursuant to subsection 1,".
Amend section 1, page 2, line 18, by deleting "4." and inserting "5.".
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sections 4 through 7 as sections 2 through 5.
Amend sec. 4, page 4, line 41, by deleting "or 2".
Amend sec. 6, page 5, by deleting lines 10 through 14 and inserting:
"plans required pursuant to section 1 of this act.".
Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 316.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede from Senate Amendments
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 147, that a conference be requested, and that Mr. President appoint a first Committee on Conference consisting of three members to meet with a like committee of the Assembly.
Motion carried.
Appointment of Conference Committees
Mr. President appointed Senators Augustine, Shaffer and Rhoads as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 147.
Reports of Conference Committees
Mr. President:
The first Committee on Conference concerning Senate Bill No. 430, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 28, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by adding a new section designated sec. 1.9, following sec. 1.7, to read as follows:
"Sec. 1.9. NRS 482.480 is hereby amended to read as follows:
482.480There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
5. For each transfer of registration , a fee of $6 in addition to any other fees.
6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.".
Amend sec. 6, page 7, line 10, by deleting:
"Section 1 of this act becomes" and inserting:
"Sections 1 and 1.9 of this act become".
William O'Donnell
Maurice Washington
Joseph Neal
Senate Committee on Conference
Vonne Chowning
Mark Amodei
Bernie Anderson
Assembly Committee on Conference
Senator O'Donnell moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 430.
Motion carried.
Mr. President:
The first Committee on Conference concerning Senate Bill No. 113, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 25, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by deleting sections 1 through 3 and inserting new sections designated sections 1 through 8, following the enacting clause, to read as follows:
"Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The director shall adopt, with the approval of the board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to his rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:
(a) Is sexually explicit;
(b) Is graphically violent; or
(c) Encourages or glamorizes:
(1) Crime;
(2) The activities of a criminal gang; or
(3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race.
2. The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.
3. The establishment of the program required pursuant to this section does not affect:
(a) The authority of the department to review materials that are possessed or received by an offender, including, but not limited to, publications, for any other lawful purpose or reason; or
(b) The procedures used by the department to conduct such reviews.
4. The department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.
5. As used in this section:
(a) "Criminal gang" has the meaning ascribed to it in NRS 213.1263.
(b) "Publication" means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the director.
Sec. 3. 1. The director shall establish a program, to be carried out within each facility and institution, that provides for periodic testing of offenders for use of alcohol and controlled substances. The program must provide that the selection of offenders to be tested for use of alcohol and controlled substances must be made on a random basis.
2. The director shall adopt, with the approval of the board, regulations governing the operation of the program. The regulations must set forth the procedure for testing, including, but not limited to:
(a) The types of tests to be used;
(b) The manner in which a sample for a test is to be obtained;
(c) The persons who are authorized to obtain a sample for a test; and
(d) The method for preserving the chain of custody of a sample obtained for a test.
3. The department shall inform the offenders in each facility and institution of the requirement to submit to a test and the sanctions for refusing or failing to submit to a test and for using alcohol or a controlled substance. The department may provide this information through a general notice posted or distributed in each facility and institution.
4. The department may sanction, pursuant to subsection 5, an offender:
(a) Who refuses or fails to submit to a test;
(b) Whose test detects alcohol or a controlled substance;
(c) Who manufactures, possesses, uses, sells, supplies, provides, distributes, conceals or stores alcohol or a controlled substance; or
(d) Who attempts to manufacture, possess, use, sell, supply, provide, distribute, conceal or store alcohol or a controlled substance.
5. In addition to any other sanction or penalty that may be imposed pursuant to law or regulation, an offender who violates subsection 4 may be sanctioned by:
(a) Forfeiture of all deductions of time earned by the offender before commission of the violation or forfeiture of such part of those deductions as the director considers just, pursuant to NRS 209.451; and
(b) Denial of the privilege to have visitors for a specified period, as determined by the director.
6. If alcohol or a controlled substance is found in a facility or institution, the director may order that for a specified period:
(a) The offenders housed in the general area where the alcohol or controlled substance is found; or
(b) All offenders in the facility or institution,
be confined to their cells or housing units or be denied the privilege to have visitors, or both.
7. The establishment of the program to test offenders for use of alcohol and controlled substances pursuant to this section does not affect:
(a) The authority of the department to test an offender for use of alcohol or a controlled substance for any other lawful purpose or reason; or
(b) The procedures used by the department to conduct such tests.
Sec. 4. NRS 209.451 is hereby amended to read as follows:
209.451 1. If [any] an offender:
(a) Commits [any] an assault upon his keeper or [any] a foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of [any] a flagrant disregard of the regulations of the department or of the terms and conditions of his residential confinement;
(c) Commits [any] a misdemeanor, gross misdemeanor or felony; or
(d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:
(1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing his opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;
(2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or
(3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,
he forfeits all deductions of time earned by him before the commission of that offense or act, or forfeits such part of those deductions as the director considers just.
2. If [any] an offender commits a serious violation [of any] of the regulations of the department or of the terms and conditions of his residential confinement [,] or if an offender violates subsection 4 of section 3 of this act, he may forfeit all or part of such deductions, in the discretion of the director.
3. A forfeiture may be made only by the director after proof of the commission of an act prohibited pursuant to [subsection 1] this section and notice to the offender in the manner prescribed in the regulations of the department. The decision of the director regarding a forfeiture is final.
4. The director may restore credits forfeited for such reasons as he considers proper.
Sec. 5. NRS 212.187 is hereby amended to read as follows:
212.187 1. [It is unlawful for:
(a)] A prisoner who is in lawful custody or confinement [to engage voluntarily] , other than residential confinement, and who voluntarily engages in sexual conduct with [a person who has custody of him or an employee of the institution in which he is confined; or
(b)] another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who [has custody of a prisoner or who is an employee of an institution in which a prisoner is confined, to engage] voluntarily engages in sexual conduct with a prisoner [.
2.] who is in lawful custody or confinement, other than residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, " sexual [conduct means] conduct":
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with [another's] another person's clothed or unclothed genitals or pubic area [.] to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 6. 1. There is hereby appropriated from the state general fund to the department of prisons for carrying out the provisions of this act:
For the fiscal year 1997-1998 $257,277
For the fiscal year 1998-1999 $274,384
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 7. The amendatory provisions of section 5 of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 70 1. This section and section 6 of this act become effective on July 1, 1997.
2. Sections 1 to 5, inclusive, and 7 of this act become effective on October 1, 1997.".
Amend the title of the bill to read as follows:
"An Act relating to offenders; requiring the director of the department of prisons to adopt regulations establishing a program to prevent an offender from possessing or receiving certain publications; providing for the random testing of offenders for use of alcohol or controlled substances; prohibiting sexual conduct between an offender and another person under certain circumstances; providing a penalty; making appropriations; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions relating to offenders in custody or confinement and makes appropriations to carry out provisions of this act. (BDR 16-73)".
Mark James
William J. Raggio
Ernest E. Adler
Senate Committee on Conference
Morse Arberry
Richard Perkins
Lynn Hettrick
Assembly Committee on Conference
Senator James moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 113.
Motion carried.
Mr. President:
The first Committee on Conference concerning Assembly Bill No. 525, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 27, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by deleting sec. 27.3 and inserting:
"Sec. 27.3. (Deleted by amendment.)".
Amend the title of the bill by deleting the seventh through ninth lines and inserting:
"certain taxes on motor vehicle fuel; and providing other matters properly relating thereto.".
Ann O'Connell
Dean A. Rhoads
John B. Regan
Senate Committee on Conference
John Carpenter
Christina Giunchigliani
Joan Lambert
Assembly Committee on Conference
Senator O'Connell moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 525.
Motion carried.
Mr. President:
The first Committee on Conference concerning Assembly Bill No. 191, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 24, which is attached to and hereby made a part of this report.
Conference Amendment
Amend sec. 2, page 2, by deleting lines 24 and 25 and inserting:
"(a) Adopt a comprehensive program to [provide pupils with] offer pupils who are enrolled in grades 7 through 12, inclusive, the skills to make the transition from".
Amend sec. 2, page 2, by deleting lines 42 through 44 and inserting:
"equitable opportunity to achieve high academic standards and to obtain training in occupations [that earn high wages.
(d) To strengthen and expand] of their choice. If desired, a pupil who has chosen to receive training in an occupation may choose to receive training in another occupation of his choice, or may terminate his participation in the program, without the loss of credit, at such times as are allowed by the state board, but in no case may a pupil be required to continue with the training or participate in the program for more than one semester.".
Kathy Augustine
Ann O'Connell
Senate Committee on Conference
WendEll Williams
Vonne Chowning
Mark Amodei
Assembly Committee on Conference
Senator Augustine moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 191.
Motion carried.
Consideration of Assembly Amendments
Senate Bill No. 194.
The following Assembly amendment was read:
Amendment No. 1264.
Amend sec. 3, page 2, line 25, by deleting "must" and inserting "shall".
Amend sec. 3, page 2, by deleting line 38 and inserting:
"(f) Annual renewal of the registration of additional title pursuant
to NRS 680A.240 25".
Amend sec. 3, page 3, line 3, by deleting "5" and inserting "30".
Amend sec. 3, page 3, line 17, by deleting "subsection 4" and inserting "subsection 3".
Amend sec. 3, page 4, line 41, by deleting "$5" and inserting "$10".
Amend sec. 3, page 4, line 42, by deleting "$5" and inserting "$10".
Amend sec. 3, pages 5 and 6, by deleting lines 42 through 44 on page 5 and lines 1 and 2 on page 6 and inserting:
"30. Reinsurance intermediary broker or manager:
(a) Resident agents:
(1) Application and license $78
(2) Triennial renewal of each license 78
(b) Nonresident agents:
(1) Application and license 138
(2) Triennial renewal of each license 138".
Amend sec. 5, page 7, by deleting lines 8 through 31 and inserting:
"684A.070 1. For the protection of the people of this state, the commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any [individual] person for whom a license is issued or continued must:
(a) Be at least 18 years of age;
(b) Except as otherwise provided in subsection 2, be a [bona fide] resident of this state [;] , and have resided therein for at least 90 days before his application for the license;
(c) Be competent, trustworthy, financially responsible and of good reputation;
(d) Never have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;
(e) Have had at least 2 years' recent experience with respect to the handling of loss claims of sufficient character reasonably to enable him to fulfill the responsibilities of an adjuster;
(f) Pass all examinations required under this chapter; and
(g) Not be concurrently licensed as an agent, broker, solicitor or surplus lines broker, except as a bail [bondsman.] agent.
2. The commissioner may [, in his discretion,] waive the residency requirement set forth in paragraph (b) of subsection 1 if the applicant is:
(a) An adjuster licensed under the laws of another state who has been brought to this state by [an employer] a firm or corporation with whom he is employed that is licensed as an adjuster in this state to fill a vacancy in the firm or corporation in this state;
(b) An adjuster licensed in an adjoining state whose principal place of business is located within 50 miles from the boundary of this state; or
(c) An adjuster who is applying for a limited license pursuant to section 18.5 of [this act.] Assembly Bill No. 578 of this session.
3. A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in paragraph (d) of subsection 1 is a sufficient ground for the commissioner to deny a license to the applicant, or to suspend, revoke or limit the license of an adjuster pursuant to NRS 684A.210.".
Amend sec. 21, page 13, by deleting lines 12 through 26 and inserting:
"[4.] (d) Is competent, trustworthy and financially responsible . [, and has not been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude. A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in this subsection is a sufficient ground for the commissioner to deny a license to the applicant or to suspend or revoke the agent's license.
5.] (e) Has passed any written examination required under this chapter.
[6.] (f) Has filed the bond required by NRS 697.190.
(g) Has, on or after July 1, 1999, successfully completed a 6-hour course of instruction in bail bonds that is:
(1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and
(2) Approved by the commissioner.
2. A person is not entitled to receive, renew or hold a license as a bail agent if he has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude. A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in this subsection is a sufficient ground for the commissioner to deny a license to the applicant or to suspend or revoke the license of the agent.".
Amend the bill as a whole by adding a new section designated sec. 48, following sec. 47, to read as follows:
"Sec. 48. Sections 3, 5 and 21 of this act become effective at 12:01 a.m. on October 1, 1997.".
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 194.
Motion carried.
Bill ordered enrolled.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 4:21 a.m.
SENATE IN SESSION
At 5:08 a.m.
President Hammargren presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 6, 33, 111, 252, 265, 329, 346, 465, 474, 519, 558, 586, 590, 607, 619, 624, 625, 636, 637, be taken from the Secretary's desk and placed on General File.
Motion carried.
Senator Raggio moved that Assembly Bill No. 183 be taken from the Secretary's desk and placed on General File.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 6.
Bill read third time.
Roll call on Assembly Bill No. 6:
Yeas -- 15.
Nays -- McGinness, O'Connell, Porter, Regan, Rhoads, Washington - 6.
Assembly Bill No. 6 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 33.
Bill read third time.
Roll call on Assembly Bill No. 33:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 33 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 111.
Bill read third time.
Roll call on Assembly Bill No. 111:
Yeas -- 18.
Nays -- Augustine, O'Connell, Titus - 3.
Assembly Bill No. 111 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 183.
Bill read third time.
Roll call on Assembly Bill No. 183:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 183 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 252.
Bill read third time.
Roll call on Assembly Bill No. 252:
Yeas -- 20.
Nays -- O'Connell.
Assembly Bill No. 252 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 265.
Bill read third time.
Roll call on Assembly Bill No. 265:
Yeas -- 18.
Nays -- Augustine, O'Connell, Titus - 3.
Assembly Bill No. 265 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 329.
Bill read third time.
Roll call on Assembly Bill No. 329:
Yeas -- 20.
Nays -- O'Connell.
Assembly Bill No. 329 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 346.
Bill read third time.
Roll call on Assembly Bill No. 346:
Yeas -- 20.
Nays -- O'Connell.
Assembly Bill No. 346 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 465.
Bill read third time.
Roll call on Assembly Bill No. 465:
Yeas -- 19.
Nays -- O'Connell, Washington - 2.
Assembly Bill No. 465 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 474.
Bill read third time.
Roll call on Assembly Bill No. 474:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 474 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 519.
Bill read third time.
Roll call on Assembly Bill No. 519:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 519 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 558.
Bill read third time.
Roll call on Assembly Bill No. 558:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 558 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 586.
Bill read third time.
Roll call on Assembly Bill No. 586:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 586 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 590.
Bill read third time.
Remarks by Senators Augustine and O'Donnell.
Roll call on Assembly Bill No. 590:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 590 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 607.
Bill read third time.
Roll call on Assembly Bill No. 607:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 607 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 619.
Bill read third time.
Roll call on Assembly Bill No. 619:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 619 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 624.
Bill read third time.
Roll call on Assembly Bill No. 624:
Yeas -- 8.
Nays -- Augustine, Coffin, Jacobsen, James, Mathews, O'Connell, O'Donnell, Porter, Regan, Rhoads, Shaffer, Townsend, Washington - 13.
Assembly Bill No. 624 having failed to receive a constitutional majority, Mr. President declared it lost.
Assembly Bill No. 625.
Bill read third time.
Roll call on Assembly Bill No. 625:
Yeas -- 20.
Nays -- Coffin.
Assembly Bill No. 625 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 636.
Bill read third time.
Roll call on Assembly Bill No. 636:
Yeas -- 19.
Nays -- O'Connell, Titus - 2.
Assembly Bill No. 636 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 637.
Bill read third time.
Remarks by Senator Augustine.
Conflict of interest declared by Senator Augustine.
Roll call on Assembly Bill No. 637:
Yeas -- 20.
Nays -- None.
Not voting -- Augustine.
Assembly Bill No. 637 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 5:58 a.m.
SENATE IN SESSION
At 8:52 a.m.
President Hammargren presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. President:
Your Committee on Transportation, to which was referred Assembly Bill No. 542, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O'Donnell,
Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, July 7, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 168, 196, 200, 361, 383, 387, 393, 432, 433, 470, 494, 497.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 99, 254, 319, 450, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 491.
Also, I have the honor to inform your honorable body that the Assembly on this day receded from its action on Senate Bill No. 315.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendment to Assembly Bill No. 178.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 39 and requests a conference, and appointed Assemblymen Bache, Amodei and Williams as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 220 and requests a conference, and appointed Assemblymen Williams, Herrera and Amodei as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 312 and requests a conference, and appointed Assemblymen Bache, Lambert and Parks as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 316 and requests a conference, and appointed Assemblymen Williams, Amodei and Hickey as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Krenzer, Goldwater and Hettrick as a first Committee on Conference concerning Assembly Bill No. 147.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 491.
Senator Raggio moved to give the bill no further consideration.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 542.
Bill read third time.
Remarks by Senators O'Donnell and Augustine.
Roll call on Assembly Bill No. 542:
Yeas -- 13.
Nays -- Adler, Augustine, Mathews, McGinness, Schneider, Titus - 6.
Absent -- Coffin, Shaffer - 2.
Assembly Bill No. 542 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, July 7, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 147.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 523.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
UNFINISHED BUSINESS
RECEDE FROM SENATE AMENDMENTS
Senator O'Donnell moved that the Senate do not recede from its action on Assembly Bill No. 178, that a conference be requested, and that Mr. President appoint a first Committee on Conference consisting of three members to meet with a like committee of the Assembly .
Remarks by Senator O'Donnell.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Mr. President appointed Senators O'Connell, Porter and Townsend as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 39.
Mr. President appointed Senators Washington, Adler and Wiener as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 220.
Mr. President appointed Senators O'Connell, Shaffer and Porter as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 312.
Mr. President appointed Senators Rhoads, McGinness and Porter as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 316.
Mr. President appointed Senators O'Donnell, Jacobsen and Shaffer as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 178.
Consideration of Assembly Amendments
Senate Bill No. 99.
The following Assembly amendments were read:
Amendment No. 647.
Amend sec. 6, page 5, line 10, after "attorney," by inserting:
"not less than 72 hours".
Amendment No. 1279.
Amend sec. 2, page 2, line 22, by deleting "207.190" and inserting:
"section 92 of Senate Bill No. 325 of this session.".
Amend sec. 5, page 4, by deleting lines 20 through 30 and inserting:
"(e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;
(f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;
(g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;
(h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; [and]
(i) A written report of the results of a psychosexual evaluation of the defendant, if the defendant is convicted of a sexual offense; and
(j) Such other information as may be required by the court.".
Amend the bill as a whole by deleting sec. 6 and adding a new section designated sec. 6, following sec. 5, to read as follows:
"Sec. 6. 1. There is hereby appropriated from the state general fund to the division of parole and probation of the department of motor vehicles and public safety for carrying out the provisions of this act:
- For the fiscal year 1997-1998 . $29,122
- For the fiscal year 1998-1999 . $16,283
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.".
Amend the bill as a whole by adding a new section designated sec. 9, following sec. 8, to read as follows:
"Sec. 9. 1. This section and section 6 of this act become effective on July 1, 1997.
2. Sections 1 to 5, inclusive, 7 and 8 of this act become effective on October 1, 1997.".
Amend the title of the bill, second line, after "evaluation;" by inserting "making appropriations;".
Amend the summary of the bill, second line, by deleting the period and inserting:
"and makes appropriations to carry out provisions of this act.".
Senator James moved that the Senate concur in the Assembly amendments to Senate Bill No. 99.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 254.
The following Assembly amendment was read:
Amendment No. 1220.
Amend sec. 32, page 25, line 39, by deleting "fund.]" and inserting:
"fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety.]".
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 254.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 319.
The following Assembly amendment was read:
Amendment No. 1213.
Amend the bill as a whole by deleting sections 6 and 7 and inserting:
"Secs. 6 and 7. (Deleted by amendment.)".
Amend sec. 8, page 3, by deleting lines 35 through 44 and inserting:
"Sec. 8. 1. There is hereby appropriated from the state general fund to the state public works board the sum of $140,000 for the renovation of building 7 at the".
Amend sec. 8, page 4, by deleting lines 5 through 44.
Amend sec. 8, page 5, line 1, by deleting "8." and inserting "2.".
Amend sec. 8, page 5, line 3, by deleting "two".
Amend sec. 8, page 5, by deleting line 4 and inserting:
"Washoe counties, including at least 8 beds in the facility located in Washoe County by October 1, 1997, and at least 16 beds in facilities located in Clark County by October 1, 1998, for persons in".
Amend sec. 8, page 5, line 6, by deleting "$876,054" and inserting "$236,227".
Amend sec. 8, page 5, line 7, by deleting "$694,191" and inserting "$471,372".
Amend sec. 8, page 5, by deleting lines 11 through 18.
Amend sec. 8, page 5, line 19, by deleting "10." and inserting "3.".
Amend sec. 8, page 5, by deleting line 25.
Amend sec. 8, page 5, line 26, by deleting "$416,395" and inserting "$420,932".
Amend sec. 9, page 5, lines 30 and 31, by deleting:
"1, 3, 4, 5, 6, 8, 9 and 10" and inserting:
"2 and 3".
Amend sec. 10, page 5, line 35, by deleting "appropriations" and inserting "appropriation".
Amend sec. 10, page 5, line 36, by deleting:
"subsections 2 and 7" and inserting "subsection 1".
Amend the bill as a whole by adding a new section designated sec. 10.5, following sec. 10, to read as follows:
"Sec. 10.5. 1. There is hereby appropriated from the state general fund to the motor pool division of the department of administration the sum of $73,932 for the purchase of additional vehicles for use by the mental hygiene and mental retardation division of the department of human resources.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.".
Amend sec. 11, page 5, by deleting lines 39 and 40 and inserting:
"Sec. 11. This act becomes effective on July 1, 1997.".
Amend the title of the bill, sixth line, by deleting "programs" and inserting:
"programs, the purchase of vehicles".
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 319.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 450.
The following Assembly amendment was read:
Amendment No. 1173.
Amend section 1, page 2, line 43, by deleting "3" and inserting "4 ".
Amend the bill as a whole by renumbering sections 2 through 7 as sections 3 through 8 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
If an employer:
1. Pays money directly to an employee for use by the employee to pay all or a portion of the cost of child care and the employee selects the child care facility independent of and without any input from the employer;
2. Provides to an employee one or more vouchers for use by the employee to pay all or a portion of the cost of child care at a child care facility licensed and in good standing pursuant to chapter 432A of NRS;
3. Directs or refers an employee to a child care facility licensed and in good standing pursuant to chapter 432A of NRS; or
4. Negotiates a discount or other benefit for an employee at a child care facility licensed and in good standing pursuant to chapter 432A of NRS,
the employer is immune from civil liability for damages arising from or relating to the child care provided to the children of the employee if the damages are caused by an act or omission that constitutes simple negligence.".
Amend sec. 2, page 3, line 2, by deleting:
"3 and 4" and inserting:
"4 and 5".
Amend sec. 5, page 3, line 20, by deleting "3" and inserting "4 ".
Amend the title of the bill to read as follows:
- "An Act relating to child care; reducing the amount of the business tax for a business that provides for the care of the children of certain employees; providing immunity from civil liability to an employer for certain acts relating to child care; and providing other matters properly relating thereto.".
Amend the summary of the bill by deleting the second line and inserting:
"certain employees and providing employer immunity from civil liability for certain acts relating to child care. (BDR 32-703)".
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 450.
Senators Adler, Titus, Mathews, James, Schneider, Neal and Wiener voted no on the amendment.
Motion carried.
Bill ordered enrolled.
Reports of Conference Committees
Mr. President:
The first Committee on Conference concerning Senate Bill No. 220, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 29, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 6, pages 4 and 5, by deleting lines 42 through 44 on page 4 and lines 1 through 8 on page 5.
Amend sec. 6, page 5, line 9, by deleting "6." and inserting "5.".
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
"Sec. 14.5. 1. On or before April 15 of each year, the governing body of each charter school shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:
(a) Governor;
(b) State board;
(c) Department;
(d) Legislative committee on education created pursuant to section 37 of Senate Bill No. 482 of this session; and
(e) Legislative bureau of educational accountability and program evaluation created pursuant to section 41 of No. Senate Bill No. 482 of this session.
2. On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body pursuant to paragraph (q) of subsection 2 of NRS 385.347, as amended by section 22 of Senate Bill No. 482 of this session, to the commission on educational technology created pursuant to section 27 of Senate Bill No. 482 of this session.
3. On or before June 15 of each year, the governing body of each charter school shall:
(a) Prepare:
(1) A separate written report summarizing the effectiveness of the charter school's program of accountability during the school year. The report must include:
(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based; and
(II) The identification of any problems or factors at the charter school that are revealed by the review and analysis.
(2) A written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.
(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:
(1) Governor;
(2) State board;
(3) Department;
(4) Legislative committee on education created pursuant to section 37 of Senate Bill No. 482 of this session; and
(5) Legislative bureau of educational accountability and program evaluation created pursuant to section 41 of Senate Bill No. 482 of this session.
4. The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.
5. The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the charter school adopted pursuant to NRS 354.598.
6. The legislative bureau of educational accountability and program evaluation created pursuant to section 41 of Senate Bill No. 482 of this session may authorize a person or entity with whom it contracts pursuant to section 19 of Senate Bill No. 482 of this session to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to section 19 of Senate Bill No. 482 of this session.".
Amend sec. 24, page 14, by deleting lines 1 through 6.
Amend sec. 24, page 14, line 7, by deleting "3." and inserting "2.".
Amend sec. 24, page 14, line 10, by deleting "4." and inserting "3.".
Amend sec. 24, page 14, line 17, by deleting "5." and inserting "4.".
Amend the bill as a whole by deleting sec. 28 and inserting a new section designated sec. 28, following sec. 27, to read as follows:
"Sec. 28. 1. On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the superintendent of public instruction and the director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly a report that includes:
(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.
(b) For each licensed employee and nonlicensed teacher employed by the charter school on October 1 of that year:
(1) The amount of salary of the employee; and
(2) The designated assignment, as that term is defined by the department, of the employee.
(c) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(d) The count of pupils who are enrolled in a charter school in:
(1) Kindergarten;
(2) Grades 1 to 12, inclusive; and
(3) Special education pursuant to NRS 388.440 to 388.520, inclusive.
(e) The actual expenditures of the charter school in the fiscal year immediately preceding the report.
(f) The proposed expenditures of the charter school for the current fiscal year.
(g) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations.
(h) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(i) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.
(j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each governing body pursuant to subsection 1.
3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the state distributive school account for the preceding year.".
Amend the bill as a whole by adding new sections designated sections 31.1 through 31.5, following sec. 31, to read as follows:
"Sec. 31.1. NRS 387.030 is hereby amended to read as follows:
387.030All money derived from interest on the state permanent school fund, together with all money derived from other sources provided by law, must:
1. Be placed in the state distributive school account which is hereby created in the state general fund; and
2. Be apportioned among the several school districts and charter schools of [the] this state at the times and in the manner provided by law.
Sec. 31.3. NRS 387.040 is hereby amended to read as follows:
387.040 1. Except as otherwise provided in subsection 2, the state treasurer shall pay over all public school money received by him for the support of school districts only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of county treasurers. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.
2. If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, the state treasurer shall pay over to the school district all public school money due [to] the school district.
3. The state treasurer shall pay over all public school money received by him for the support of charter schools only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of the charter schools. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.
Sec. 31.5. NRS 387.047 is hereby amended to read as follows:
387.0471. Except as otherwise provided in this section, each school district and charter school shall separately account for all money received for the instruction of and the provision of related services to pupils with disabilities and gifted and talented pupils described by NRS 388.520.
2. The separate accounting must include:
(a) The amount of money provided to the school district or charter school for special education for basic support;
(b) Transfers of money from the [school district's] general fund of the school district or charter school needed to balance the special revenue fund; and
(c) The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, but not limited to, services provided by psychologists, therapists [,] and health-related personnel;
(3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;
(4) The direct supervision of educational and supporting programs; and
(5) The supplies and equipment needed for providing special education.
3. Money received from federal sources must be:
(a) Accounted for separately; and
(b) Excluded from the accounting required pursuant to this section.
Amend the bill as a whole by renumbering sec. 35 as sec. 35.5 and adding new sections designated sections 34.1 through 35.2, following sec. 34, to read as follows:
"Sec. 34.1. NRS 387.121 is hereby amended to read as follows:
387.121The legislature declares that the proper objective of state financial aid to public education is to [insure] ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, [the] this state should supplement local financial ability to whatever extent necessary in each school district to provide programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore the quintessence of the state's financial obligation for such programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid to school districts equals the difference between school district basic support guarantee [minus] and local available funds produced by mandatory taxes [.] minus all the local funds attributable to pupils who reside in the county but attend a charter school. This formula is designated the Nevada plan.
Sec. 34.2. NRS 387.1211 is hereby amended to read as follows:
387.1211As used in NRS 387.121 to 387.126, inclusive:
1. "Average daily attendance" means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.
2. "Enrollment" means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district or a charter school at a specified time during the school year.
3. "Special education program unit" means an organized instructional unit which includes full-time services of persons licensed by the superintendent of public instruction providing a program of instruction in accordance with minimum standards prescribed by the state board.
Sec. 34.3. NRS 387.1221 is hereby amended to read as follows:
387.1221 1. The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.
2. Any unused allocations for special education program units may be reallocated to other school districts or charter schools by the superintendent of public instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated [by school districts] within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.
3. A school district or a charter school may, after receiving the approval of the superintendent of public instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.
Sec. 34.4. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all [those] pupils who are enrolled in programs of instruction of the school district or pupils who reside in the county in which the school district is located and are enrolled in any charter school for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
2. The state board [of education] shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board [of education] shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of [the] this state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
4. A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.
Sec. 34.5. NRS 387.1233 is hereby amended to read as follows:
387.12331. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year [.] , including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year [.] , including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.
(3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
(4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.
(5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the [sum of the counts prescribed in paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.] enrollment of pupils on the last day of the first school month of the school year in a school district or a charter school is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.
5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.
Sec. 34.6. NRS 387.124 is hereby amended to read as follows:
387.1241. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent shall apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. [Apportionment] The apportionment to a school district, computed on a yearly basis , equals the difference between the basic support and the local funds available [.] pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.
2. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.
Sec. 34.7. NRS 387.1243 is hereby amended to read as follows:
387.12431. The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.
2. A final adjustment must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and the increase in enrollment shows at least:
(a) A 3 percent gain, basic support as computed from first month enrollment must be increased by 2 percent.
(b) A 6 percent gain, basic support as computed from first month enrollment must be increased by an additional 2 percent.
3. If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.
Sec. 34.8. NRS 387.126 is hereby amended to read as follows:
387.126The superintendent of public instruction may in his discretion and shall when so directed by the state board [of education] verify by independent audit or other suitable examination the reports of enrollment and daily attendance submitted by any school district or charter school for apportionment purposes.
Sec. 34.9. NRS 387.175 is hereby amended to read as follows:
387.175 The county school district fund is composed of:
1. All local taxes for the maintenance and operation of [kindergartens, elementary schools and high] public schools.
2. All money received from the Federal Government for the maintenance and operation of public schools.
3. Apportionments by [the] this state as provided in NRS 387.124.
4. Any other receipts, including gifts, for the operation and maintenance of the public schools in the county school district.
Sec. 35.1. NRS 387.185 is hereby amended to read as follows:
387.1851. Except as otherwise provided in subsection 2, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
2. If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due [to] that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.
4. All school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
Sec. 35.2. NRS 387.205 is hereby amended to read as follows:
387.2051. Money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account [under] pursuant to the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of the public schools [.] controlled by the county school district.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.
(g) Membership fees, dues and contributions to an interscholastic activities association.
2. Money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account [under] pursuant to the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.".
Amend the bill as a whole by adding new sections designated sections 43.1, 43.3 and 43.5, following sec. 43, to read as follows:
"Sec. 43.1. NRS 389.085 is hereby amended to read as follows:
389.085 1. The automobile driver education program is hereby established [for the purpose of assisting] to assist school districts and charter schools in this state which establish and maintain automobile driver education classes. Money for the automobile driver education program [shall] must be provided by direct legislative appropriation.
2. The state board [of education] may direct the superintendent of public instruction to make semiannual apportionments, payable on or before February 1 and July 1 of each year, to the several school districts [.] and charter schools. The semiannual apportionment made on or before February 1 [shall] must be made on the basis of $15 times the number of estimated pupil completions in the district and charter schools during the current school year, which [shall] must be estimated by the superintendent. The semiannual apportionment made on or before July 1 [shall] must be made on the basis of $35 times the actual number of pupil completions in the district and charter schools during the current year, less any amount previously apportioned to the district or charter school for estimated pupil completions during the current school year.
3. If the money available for the automobile driver education program is not sufficient to make full current school year apportionments, [so determined under] as determined pursuant to subsection 2, apportionment payments to the various school districts [shall] and charter schools must be prorated so that each school district and charter school is apportioned the same amount per pupil completion, such amount to be derived by dividing the total money available by the total number of completions during the current school year.
4. Money received by school districts and charter schools for the automobile driver education program must not be expended for the purchase or repair of motor vehicles or the purchase or repair of automobile driver education training equipment.
Sec. 43.3. NRS 389.090 is hereby amended to read as follows:
389.0901. The state board [of education] shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.
2. The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.
3. The board of trustees of a school district may establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:
(a) Pupils enrolled in the regular full-time day high schools in the school district.
(b) Pupils enrolled in summer classes conducted in high schools in the school district.
[4.]
A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses. The cost of the insurance must be paid from available school district funds.
4. A governing body of a charter school may establish and maintain automobile driver education classes if the governing body insures against any liability arising out of the use of motor vehicles in connection with those courses.
5. Automobile driver education must be provided by boards of trustees of school districts and governing bodies of charter schools in accordance with the regulations of the state board [of education] and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.
6. Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must include, without limitation, instruction in motor vehicle insurance.
Sec. 43.5. NRS 389.100 is hereby amended to read as follows:
389.1001. The legislature finds as facts:
(a) That the successful completion of an approved automobile driver education course by a pupil offers a direct financial benefit to his parents or other responsible adult through the reduction of insurance premiums.
(b) That the imposition of a laboratory fee as a prerequisite to an elective course in driver education does not violate the requirements of article 11 of the constitution of the State of Nevada.
2. The board of trustees of any school district and the governing body of any charter school may establish a laboratory fee to be charged each pupil enrolling for an automobile driver education course which must not exceed the actual cost per pupil of providing the laboratory portion of the course.".
Maurice E. Washington
Ernest E. Adler
Valerie Wiener
Senate Committee on Conference
WendEll Williams
Dario Herrera
Mark Amodei
Assembly Committee on Conference
Senator Washington moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 220.
Motion carried.
Mr. President:
The first Committee on Conference concerning Senate Bill No. 39, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 34, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 5, page 3, line 40, by deleting "include," and inserting:
"provide for, if both parties agree,".
Jon C. Porter
Randolph J. Townsend
Ann O'Connell
Senate Committee on Conference
Douglas A. Bache
Mark Amodei
WendEll Williams
Assembly Committee on Conference
Senator Porter moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 39.
Motion carried.
Mr. President:
The first Committee on Conference concerning Senate Bill No. 312, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 35, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 3, page 2, by deleting lines 4 through 6 and inserting:
"to carry out the purposes of NRS 279.382 to 279.685, inclusive."
Amend the bill as a whole by adding new sections designated sections 11.3 and 11.7, following sec. 11, to read as follows:
"Sec. 11.3. Section 43 of Assembly Bill No. 644 of this session is hereby amended to read as follows:
Sec. 43. NRS 482.181 is hereby amended to read as follows:
482.1811. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 11.7. Section 48 of Assembly Bill No. 644 of this session is hereby amended to read as follows:
Sec. 48. Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:
Sec. 8. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.
5. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
[5.] 6. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[6.] 7. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.".
Ann O'Connell
Jon C. Porter
Senate Committee on Conference
Douglas Bache
Joan Lambert
David Parks
Assembly Committee on Conference
Senator O'Connell moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 312.
Motion carried.
Mr. President:
The first Committee on Conference concerning Senate Bill No. 316, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 31, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 4, page 4, line 13, by deleting "1997," and inserting "1998,".
Jon C. Porter
Mike McGinness
Senate Committee on Conference
WendEll Williams
Mark Amodei
Pat Hickey
Assembly Committee on Conference
Senator Porter moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 316.
Remarks by Senator Porter.
Senator Porter requested that the following remarks be entered in the Journal.
(The remarks will be in a reprint of the Senate Journal.)
Motion carried.
Mr. President:
The first Committee on Conference concerning Assembly Bill No. 147, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 30, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:
The administrator shall encourage all employers who are required to establish a written safety program pursuant to NRS 618.383 to include as a part of that program the employment of a person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:
1. Included training in the operation and use of an automatic external defibrillator; and
2. Was conducted in accordance with the standards of the American Heart Association.
Sec. 3. NRS 41.500 is hereby amended to read as follows:
41.5001. Except as otherwise provided in NRS 41.505, any person in this state [,] who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.
2. Any person in this state who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor's office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
3. Any appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this state, other than a driver or attendant, of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith.
4. Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor's office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
5. Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
6. Any person who:
(a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;
(b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or
(c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,
and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.
7. Any person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:
(a) Included training in the operation and use of an automatic external defibrillator; and
(b) Was conducted in accordance with the standards of the American Heart Association,
and who renders emergency medical care involving the use of an automatic external defibrillator in accordance with his training is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care. A business or organization that employs a person who renders emergency care in accordance with this subsection is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automatic external defibrillator to the person for the purpose of rendering such care.".
Amend the title of the bill to read as follows:
"An Act relating to medical care; limiting the circumstances under which certain persons may communicate with the physician or chiropractor of an injured employee; requiring the administrator of the division of industrial relations of the department of business and industry to encourage employers to hire persons trained to render emergency medical care involving the use of an automatic external defibrillator; providing that certain persons who are trained to provide such care and their employers are not liable for civil damages resulting from the provision of that care under certain circumstances; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions relating to medical care. (BDR 3-829)".
Kathy Augustine
Dean A. Rhoads
Raymond C. Shaffer
Senate Committee on Conference
Saundra Krenzer
David Goldwater
Lynn Hettrick
Assembly Committee on Conference
Senator Augustine moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 147.
Motion carried.
Mr. President:
The first Committee on Conference concerning Assembly Bill No. 523, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 32, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by renumbering sections 1 through 5 as sections 3 through 7 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. NRS 389.015 is hereby amended to read as follows:
389.0151. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8 and 11.
(b) Administered in each school district at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.
(d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. [The] If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.
3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district.
Not more than 10 working days after a school district receives the results of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school within the school district. Not more than 10 working days after each school receives the results of the examinations, the principal of each school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:
(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or
(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.
4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
[4.] If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil's program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board.
5. If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
[5.] 6. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading and mathematics prescribed for grades 4 and 8 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 and 8 in this state to that of a national reference group of pupils in grades 4 and 8. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer's duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
Sec.2. NRS 389.017 is hereby amended to read as follows:
389.0171. The state board [of education] shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th and 11th grades of public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
2. The results of examinations administered to all pupils must be reported for each school, school district and this state as follows:
(a) The average score of pupils with disabilities for whom different standards of achievement are adopted or other modifications or accommodations are made if such reporting does not violate the confidentiality of the test scores of any individual pupil;
(b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and
(c) The average score of all pupils who were tested.
3. On or before November 1 of each year, each school district shall report to the department the following information for each examination administered in the public schools in the school district:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district.
On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.
4. The superintendent of schools of each school district shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His proficiency in the English language is below the average proficiency of pupils at the same grade level; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
5. In addition to the information required by subsection 3, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.".
Amend the title of the bill, first line, after "education;" by inserting:
"revising provisions governing the administration and reporting of the achievement and proficiency examinations administered in the public schools;".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions governing achievement and proficiency examinations and extends period of authorized expenditure and revises prospective date of reversion of appropriations made during previous legislative session to pay costs relating to examinations. (BDR 34-370)".
Raymond D. Rawson
Lawrence E. Jacobsen
Bernice Mathews
Senate Committee on Conference
Christina Giunchigliani
Barbara Cegavske
Vonne Chowning
Assembly Committee on Conference
Senator Raggio moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 523.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, July 7, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 39.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 316.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 9:31 a.m.
SENATE IN SESSION
At 10:07 a.m.
President Hammargren presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, July 7, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Perkins, Buckley and Ernaut as a first Committee on Conference concerning Assembly Bill No. 178.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 113.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 430.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 178.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
UNFINISHED BUSINESS
Reports of Conference Committees
Mr. President:
The first Committee on Conference concerning Assembly Bill No. 178, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 36, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
"Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. For the purposes of this chapter, if an odometer that is connected to a motor vehicle is not capable of registering 100,000 miles or more, the odometer shall be deemed to register the actual mileage the vehicle has traveled while in operation.
Sec. 3. As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, "drivetrain" means those components and systems within a motor vehicle that transfer power from the engine of the vehicle to the wheels of the vehicle, including, without limitation, a transmission, driveshaft, torque converter, differential, universal joint and constant velocity joint.
Sec. 4. Before a used vehicle dealer may sell to a retail customer a used vehicle the odometer of which registers 75,000 miles or more, the used vehicle dealer must conduct a reasonably thorough inspection of the soundness and safety of the vehicle's engine and drivetrain and disclose in writing any defects in the engine or drivetrain known to him or which he reasonably should have known after he conducts the inspection.
Sec. 5. 1. A used vehicle dealer who sells to a retail customer a used vehicle the odometer of which registers 75,000 miles or more shall provide to that retail customer an express written warranty which complies with the requirements set forth in subsection 2 and is valid for the period set forth in the schedule of warranties created pursuant to section 6 of this act, if a used vehicle dealer is the subject of more than three substantiated complaints filed against him with the department of motor vehicles and public safety during a 12-month period.
2. An express written warranty required pursuant to subsection 1 must contain a statement that, in the event the operation of the used vehicle becomes impaired as a result of a defect in a component or system of the vehicle's engine or drivetrain, the used vehicle dealer shall, with reasonable promptness, correct the defect or cause the defect to be corrected.
Sec. 6. 1. If an express written warranty is provided to a retail customer for a used vehicle pursuant to section 5 of this act, the duration of the warranty must be determined pursuant to this section. If, on the date the vehicle was purchased from the used vehicle dealer, the odometer in the used vehicle registered:
(a) At least 75,000 but less than 80,001 miles, the warranty is valid for a period of 30 days therefrom or until the odometer in the vehicle registers 1,000 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(b) At least 80,001 but less than 85,001 miles, the warranty is valid for a period of 20 days therefrom or until the odometer in the vehicle registers 600 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(c) At least 85,001 but less than 90,001 miles, the warranty is valid for a period of 10 days therefrom or until the odometer in the vehicle registers 300 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(d) At least 90,001 but less than 100,001 miles, the warranty is valid for a period of 5 days therefrom or until the odometer in the vehicle registers 150 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
(e) At least 100,001 miles, the warranty is valid for a period of 2 days therefrom or until the odometer in the vehicle registers 100 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
The period for which a warranty is valid pursuant to this section must be tolled during any period in which the dealer has possession of the vehicle or the operation of the vehicle is impaired and the vehicle is inoperable due to a defect in the vehicle's engine or drivetrain.
2. As used in this section, "garage" has the meaning ascribed to it in NRS 597.480.
Sec. 7. 1. A retail customer who purchases a used vehicle the odometer of which registers 75,000 miles or more may submit to the department a written complaint regarding the used vehicle dealer. The department shall, within 10 days after it receives a complaint pursuant to this section, provide a copy of the complaint to the used vehicle dealer who is the subject of the complaint.
2. A complaint submitted pursuant to subsection 1 must include:
(a) A clear and concise statement of the complaint and the facts relating to the complaint;
(b) Copies of any documents relating to the complaint; and
(c) A statement of the manner in which the retail customer wishes to have the complaint resolved.
3. Upon receipt of a complaint pursuant to this section, the department shall investigate the complaint and determine whether the used vehicle dealer who is the subject of the complaint has violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto.
4. If the department determines that a used vehicle dealer has violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted by the department pursuant thereto, the department shall notify the used vehicle dealer of that determination and recommend to the dealer the actions that he may take to resolve the complaint.
5. A retail customer or used vehicle dealer who is aggrieved by the decision of the department may appeal the decision to the director.
Sec. 8. The department shall maintain a record of the complaints submitted to the department pursuant to section 7 of this act. The record must include a statement of whether the dealer was found to have violated the provisions of sections 3 to 10, inclusive, of this act or the regulations adopted pursuant thereto, and if so, whether the used vehicle dealer resolved the complaint in the manner recommended by the department or in any other manner acceptable to the department and the retail customer who filed the complaint.
Sec. 9. 1. If the department determines from the record maintained pursuant to section 8 of this act that on more than three occasions a used vehicle dealer has:
(a) Been found to have violated the provisions of section 3 to 10, inclusive, of this act or the regulations adopted pursuant thereto; and
(b) Failed to resolve those complaints in the manner recommended by the department pursuant to section 7 of this act or in any other manner acceptable to the department and the retail customer who filed the complaint,
the department may impose an administrative fine, not to exceed $2,500, for each additional violation of the provisions of sections 3 to 10, inclusive, of this act. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the account for regulation of used vehicle dealers, which is hereby created in the state highway fund. Money in the account may be used only for the administration of NRS 481.048 and sections 3 to 10, inclusive, of this act.
3. In addition to any other remedy provided by law, the department may compel compliance with sections 3 to 10, inclusive, of this act, and any regulation adopted pursuant thereto, by injunction or other appropriate remedy, and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 10. The department may adopt regulations to carry out the provisions of sections 3 to 10, inclusive, of this act.
Sec. 11. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, "consumer fraud" means:
(a) An unlawful act as defined in NRS 119.330;
(b) An act prohibited by sections 3 to 10, inclusive, of this act;
(c) An act prohibited by NRS 482.351; or
[(c)] (d) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing party, the court shall award any damages that he has sustained.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.".
Amend the title of the bill to read as follows:
"An Act relating to motor vehicles; requiring a used vehicle dealer to conduct certain inspections on certain vehicles that he sells to a retail customer; requiring a used vehicle dealer to offer to sell certain warranties for certain used vehicles that he sells to retail customers or to disclose certain defects in those vehicles; authorizing a retail customer of a used vehicle to file a complaint with the department of motor vehicles and public safety regarding a violation of those provisions; providing penalties; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions relating to sale of certain used vehicles. (BDR 43-745)".
William O'Donnell
Lawrence E. Jacobsen
Senate Committee on Conference
Richard Perkins
Barbara Buckley
Peter Ernaut
Assembly Committee on Conference
Senator O'Donnell moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 178.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, July 7, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 308.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 220.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 312.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 376, 486.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Mr. President appointed Senators Porter, James and Wiener as a committee to wait upon His Excellency, Robert J. Miller, Governor of the State of Nevada, and to inform him that the Senate is ready to adjourn sine die.
Mr. President appointed Senators Augustine, McGinness and Adler as a committee to wait upon the Assembly and to inform that honorable body that the Senate is ready to adjourn sine die.
A committee from the Assembly, consisting of Assemblymen Giunchiglani, Price and Ernaut appeared before the bar of the Senate and announced that the Assembly is ready to adjourn sine die.
Senator Augustine reported that her committee had informed the Assembly that the Senate is ready to adjourn sine die.
Senator Porter reported that his committee had informed the Governor that the Senate is ready to adjourn sine die.
Senator Raggio move that the Sixty-ninth Session of the Senate of the Legislature of the State of Nevada adjourn sine die.
Motion carried.
Senate adjourned sine die at 10:13 a.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: janice l. thomas
Secretary of the Senate