Assembly Bill No. 368–Committee on Education
March 2, 1999
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Referred to Concurrent Committees on Government Affairs
and Ways and Means
SUMMARY—Requires annual audit of certain expenditures by certain school districts and development of policy to renovate or reconstruct certain school facilities by certain school districts. (BDR 31-179)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 354.624 is hereby amended to read as follows: 354.624 1. Each local government shall provide for an annual audit1-3
of all of its:1-4
(a) Funds;1-5
(b) Account groups; and1-6
(c) Separate accounts established pursuant to NRS 354.603.1-7
A local government may provide for more frequent audits as it deems1-8
necessary. Except as otherwise provided in subsection 2, each annual audit1-9
must be concluded and the report of the audit submitted to the governing1-10
body as provided in subsection 5 not later than 5 months after the close of1-11
the fiscal year for which the audit is conducted. An extension of this time1-12
may be granted by the department of taxation to any local government that1-13
submits an application for an extension to the department. If the local2-1
government fails to provide for an audit in accordance with the provisions2-2
of this section, the department of taxation shall cause the audit to be made2-3
at the expense of the local government. All audits must be conducted by a2-4
public accountant who is certified or registered or by a partnership or2-5
professional corporation that is registered pursuant to chapter 628 of NRS.2-6
2. The annual audit of a school district must2-7
(a) Be concluded and the report submitted to the board of trustees as2-8
provided in subsection 5 not later than 4 months after the close of the fiscal2-9
year for which the audit is conducted.2-10
(b) If the school district has more than 150,000 pupils enrolled,2-11
include an audit of the expenditure by the school district of all public2-12
money used:2-13
(1) To design, construct or purchase new buildings for schools or2-14
related facilities;2-15
(2) To enlarge, remodel or renovate existing buildings for schools2-16
or related facilities; and2-17
(3) To acquire sites for building schools or related facilities, or2-18
other real property for purposes related to schools.2-19
3. The governing body may, without requiring competitive bids,2-20
designate the auditor or firm annually. The auditor or firm must be2-21
designated not later than 3 months before the close of the fiscal year for2-22
which the audit is to be made.2-23
4. Each annual audit must cover the business of the local government2-24
during the full fiscal year. It must be a financial audit conducted in2-25
accordance with generally accepted auditing standards, including comment2-26
on compliance with statutes and regulations, recommendations for2-27
improvements and any other comments deemed pertinent by the auditor,2-28
including his expression of opinion on the financial statements. The2-29
department of taxation shall prescribe the form of the financial statements,2-30
and the chart of accounts must be as nearly as possible the same as the chart2-31
that is used in the preparation and publication of the annual budget. The2-32
report of the audit must include:2-33
(a) A schedule of all fees imposed by the local government which were2-34
subject to the provisions of NRS 354.5989;2-35
(b) A comparison of the operations of the local government with the2-36
approved budget, including a statement from the auditor that indicates2-37
whether the governing body has taken action by adoption as recommended,2-38
by adoption with modifications or by rejection on any deficiencies in2-39
operations and recommendations for improvements which were noted or2-40
made in previous reports;2-41
(c) A statement from the auditor that indicates whether each of the2-42
following funds established by the local government is being used3-1
expressly for the purposes for which it was created, in the form required by3-2
NRS 354.6241:3-3
(1) An enterprise fund.3-4
(2) An internal service fund.3-5
(3) A trust or agency fund.3-6
(4) A self-insurance fund.3-7
(5) A fund whose balance is required by law to be:3-8
(I) Used only for a specific purpose other than the payment of3-9
compensation to a bargaining unit, as defined in NRS 288.028; or3-10
(II) Carried forward to the succeeding fiscal year in any designated3-11
amount; and3-12
(d) A list and description of any property conveyed to a nonprofit3-13
organization pursuant to NRS 244.287 or 268.058.3-14
5. The recommendations and the summary of the narrative comments3-15
contained in the report of the audit must be read in full at a meeting of the3-16
governing body held not more than 30 days after the report is submitted to3-17
it. Immediately thereafter, the entire report, together with any related letter3-18
to the governing body required by generally accepted auditing standards or3-19
by regulations adopted pursuant to NRS 354.594, must be filed as a public3-20
record with:3-21
(a) The clerk or secretary of the governing body;3-22
(b) The county clerk;3-23
(c) The department of taxation; and3-24
(d) In the case of a school district, the department of education.3-25
6. The governing body shall act upon the recommendations of the3-26
report of the audit within 3 months after receipt of the report, unless3-27
prompter action is required concerning violations of law or regulation, by3-28
setting forth in its minutes its intention to adopt the recommendations, to3-29
adopt them with modifications or to reject them for reasons shown in the3-30
minutes.3-31
Sec. 2. Chapter 393 of NRS is hereby amended by adding thereto a3-32
new section to read as follows:3-33
A school district that has more than 150,000 pupils enrolled shall3-34
develop and adopt a policy concerning the renovation or reconstruction3-35
of older buildings for schools or related facilities. As part of the policy,3-36
consideration must be given to the relative advantages and disadvantages3-37
of the renovation or reconstruction of older buildings for schools or3-38
related facilities as compared to the design, construction or purchase of3-39
new buildings for schools or related facilities. The policy must include,3-40
without limitation, guidelines for use by the board of trustees in3-41
determining whether older buildings should be renovated or3-42
reconstructed or whether new buildings to replace those older buildings3-43
should be constructed or purchased.4-1
Sec. 3. 1. The legislature hereby finds and declares that:4-2
(a) The deterioration of school facilities has become a grave concern in4-3
this state;4-4
(b) The local governments in the various portions of the state are4-5
currently faced with unique financial problems resulting from a variety of4-6
situations because in some local governments the population is rapidly4-7
increasing whereas in others the population is generally declining;4-8
(c) Some local governments are still attempting to rehabilitate schools4-9
that were built around the turn of the last century and others cannot build4-10
new schools quickly enough to meet the needs of the children in the4-11
district; and4-12
(d) Because of the unique variety of problems facing the local4-13
governments of this state a general law cannot be made applicable to ensure4-14
that children in more densely populated urban areas are provided with a4-15
safe environment which encourages learning.4-16
2. The board of trustees of the Clark County School District shall4-17
establish a pilot program to replace schools. The school district may use an4-18
amount not to exceed $15 million from the proceeds of the bonds issued4-19
pursuant to subsection 3 or 4 of NRS 350.020 to:4-20
(a) Evaluate older schools within the district to determine the need for4-21
renovation or reconstruction of those schools in furtherance of section 2 of4-22
this act; and4-23
(b) Reconstruct one existing elementary school designated by the board4-24
of trustees from among the three schools analyzed in 1998 by the board of4-25
trustees in the study entitled "Rehab vs. Replacement Study/Phase4-26
Analysis." The board of trustees, upon designating the school to be4-27
reconstructed, shall with all deliberate speed commence the reconstruction4-28
of the designated school with a planned completion date of July 1, 2001.4-29
3. The purpose of this section is to provide authority to expend the4-30
proceeds of the bonds issued pursuant to subsection 3 or 4 of NRS 350.0204-31
for reconstruction that is additional to and does not replace, repeal or limit4-32
any existing authority to so expend such proceeds.4-33
4. On or before February 1, 2001, the Clark County School District4-34
shall submit to the director of the legislative counsel bureau for4-35
transmission to the 71st session of the Nevada legislature an interim report4-36
regarding the pilot program to replace schools. The report must include,4-37
without limitation, the progress of the effort to evaluate the older schools4-38
conducted pursuant to paragraph (a) of subsection 2 of this section and the4-39
progress of the reconstruction of the designated elementary school.4-40
Sec. 4. This act becomes effective on July 1, 1999.~