Assembly Bill No. 219–Assemblymen Cegavske,
Hettrick, Perkins and Dini

February 11, 1999

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Joint Sponsors: Senators Raggio, Rawson, Porter, Titus,
James, Amodei, Care, O’Donnell and Washington

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Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions regarding budgets of school districts. (BDR 34-66)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public schools; requiring school districts to spend a minimum amount of money each year on certain items for public schools; revising provisions regarding budgets of school districts; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 387 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. 1. Except as otherwise provided in this section, in each

1-4 school year a school district shall spend for textbooks, library books and

1-5 supplies and materials relating to instruction, including, without

1-6 limitation, software for computers, an amount of money, expressed as an

1-7 amount per pupil, that is at least equal to the average of the total amount

1-8 of money that was expended per year by the school district for those items

1-9 in the immediately preceding 3 years.

1-10 2. Except as otherwise provided in this section, in each school year a

1-11 school district shall spend for the purchase of equipment relating to

1-12 instruction, including, without limitation, equipment for

1-13 telecommunications and for the purchase of equipment relating to the

1-14 transportation of pupils, an amount of money, expressed as an amount

2-1 per pupil, that is at least equal to the average of the total amount of

2-2 money that was expended per year by the school district for those items in

2-3 the immediately preceding 3 years.

2-4 3. Except as otherwise provided in this section, in each school year a

2-5 school district shall spend for the maintenance and repair of equipment,

2-6 vehicles, and buildings and facilities an amount of money, expressed as

2-7 an amount per pupil, that is at least equal to the average of the total

2-8 amount of money that was expended per year by the school district for

2-9 those items in the immediately preceding 3 years, excluding any amount

2-10 of money derived from the proceeds of bonds.

2-11 4. A school district may satisfy the expenditures required by

2-12 subsections 1, 2 and 3 if the school district spends an aggregate amount

2-13 of money for all the items identified in those subsections that is at least

2-14 equal to the average of the total amount of money expended by the

2-15 school district per year for all those items in the immediately preceding 3

2-16 years.

2-17 5. A school district is not required to satisfy the expenditures

2-18 required by this section for a school year in which:

2-19 (a) The total number of pupils who are enrolled in public schools

2-20 within the school district has declined from the immediately preceding

2-21 school year; or

2-22 (b) The total revenue available in the general fund of the school

2-23 district has declined from the immediately preceding school year.

2-24 Sec. 3. If the ending balance of the general fund of a school district

2-25 has declined for 3 consecutive years, the school district shall submit to

2-26 the committee on local government finance created pursuant to NRS

2-27 266.0165 a written explanation of the cause of the decline.

2-28 Sec. 4. (Deleted by amendment.)

2-29 Sec. 5. NRS 387.205 is hereby amended to read as follows:

2-30 387.205 1. [Money] Subject to the limitations set forth in section 2

2-31 of this act, money on deposit in the county school district fund or in a

2-32 separate account, if the board of trustees of a school district has elected to

2-33 establish such an account pursuant to the provisions of NRS 354.603, must

2-34 be used for:

2-35 (a) Maintenance and operation of the public schools controlled by the

2-36 county school district.

2-37 (b) Payment of premiums for Nevada industrial insurance.

2-38 (c) Rent of schoolhouses.

2-39 (d) Construction, furnishing or rental of teacherages, when approved by

2-40 the superintendent of public instruction.

2-41 (e) Transportation of pupils, including the purchase of new buses.

2-42 (f) Programs of nutrition, if such expenditures do not curtail the

2-43 established school program or make it necessary to shorten the school term,

3-1 and each pupil furnished lunch whose parent or guardian is financially able

3-2 so to do pays at least the actual cost of the lunch.

3-3 (g) Membership fees, dues and contributions to an interscholastic

3-4 activities association.

3-5 (h) Repayment of a loan made from the state permanent school fund

3-6 pursuant to NRS 387.526.

3-7 2. [Money] Subject to the limitations set forth in section 2 of this act,

3-8 money on deposit in the county school district fund, or in a separate

3-9 account, if the board of trustees of a school district has elected to establish

3-10 such an account pursuant to the provisions of NRS 354.603, when

3-11 available, may be used for:

3-12 (a) Purchase of sites for school facilities.

3-13 (b) Purchase of buildings for school use.

3-14 (c) Repair and construction of buildings for school use.

3-15 Sec. 6. NRS 354.598 is hereby amended to read as follows:

3-16 354.598 1. At the time and place advertised for public hearing, or at

3-17 any time and place to which the public hearing is from time to time

3-18 adjourned, the governing body shall hold a public hearing on the tentative

3-19 budget, at which time interested persons must be given an opportunity to be

3-20 heard.

3-21 2. At the public hearing, the governing body shall indicate changes, if

3-22 any, to be made in the tentative budget, and shall adopt a final budget by

3-23 the favorable votes of a majority of all members of the governing body.

3-24 Except as otherwise provided in this subsection, the final budget must be

3-25 adopted on or before June 1 of each year. The final budgets of school

3-26 districts must be adopted on or before June 8 of each year and must be

3-27 accompanied by copies of the written report and written procedure

3-28 prepared pursuant to subsection 3 of NRS 385.351. Should the governing

3-29 body fail to adopt a final budget that complies with the requirements of law

3-30 and the regulations of the department of taxation on or before the required

3-31 date, the budget adopted and approved by the department of taxation for

3-32 the current year, adjusted as to content and rate in such a manner as the

3-33 department of taxation may consider necessary, automatically becomes the

3-34 budget for the ensuing fiscal year. When a budget has been so adopted by

3-35 default, the governing body may not reconsider the budget without the

3-36 express approval of the department of taxation. If the default budget creates

3-37 a combined ad valorem tax rate in excess of the limit imposed by NRS

3-38 361.453, the Nevada tax commission shall adjust the budget as provided in

3-39 NRS 361.4547 or 361.455.

3-40 3. The final budget must be certified by a majority of all members of

3-41 the governing body and a copy of it, together with an affidavit of proof of

3-42 publication of the notice of the public hearing, must be transmitted to the

3-43 Nevada tax commission. If a tentative budget is adopted by default as

4-1 provided in subsection 2, the clerk of the governing body shall certify the

4-2 budget and transmit to the Nevada tax commission a copy of the budget,

4-3 together with an affidavit of proof of the notice of the public hearing, if that

4-4 notice was published. Certified copies of the final budget must be

4-5 distributed as determined by the department of taxation.

4-6 4. Upon the adoption of the final budget or the amendment of the

4-7 budget in accordance with NRS 354.606, the several amounts stated in it as

4-8 proposed expenditures are appropriated for the purposes indicated in the

4-9 budget.

4-10 5. No governing body may adopt any budget which appropriates for

4-11 any fund any amount in excess of the budget resources of that fund.

4-12 6. On or before January 1 of each school year, each school district

4-13 shall adopt an amendment to its final budget after the count of pupils is

4-14 completed pursuant to subsection 1 of NRS 387.1233. The amendment

4-15 must reflect any adjustments necessary as a result of the completed count

4-16 of pupils.

4-17 Sec. 7. This act becomes effective on July 1, 1999.

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