Assembly Bill No. 90–Assemblywoman Berman

February 4, 1999

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Referred to Committee on Education

 

SUMMARY—Prohibits certain fund-raising activities that involve pupils of public schools. (BDR 34-75)

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 pupils; prohibiting certain fund-raising activities involving pupils of public schools; 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 392 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. A public school, or organization sponsored by a public school,

1-4 shall not engage in a fund-raising activity that includes:

1-5 (a) Door-to-door sales by pupils; or

1-6 (b) Incentives through which a pupil may earn a prize or other

1-7 remuneration for the selling of merchandise or the soliciting of money or

1-8 other donations for the school or organization.

1-9 2. If the principal of a public school believes that a violation of

1-10 subsection 1 is occurring or has occurred with respect to the school, he

1-11 shall take immediate action to prevent a further violation and shall, as

1-12 soon as practicable, notify the board of trustees of the school district in

1-13 which the school is located and the superintendent of public instruction

1-14 concerning the violation and inform them of the action taken to prevent

1-15 a further violation.

1-16 3. The superintendent of public instruction, upon receiving

1-17 notification of a violation of subsection 1, shall investigate the

1-18 circumstances surrounding the violation and, after considering the

1-19 nature and extent of the violation and the immediacy and efficacy of the

1-20 action taken to prevent a further violation, may, if he determines it

2-1 appropriate, suspend the school from engaging in all fund-raising

2-2 activities for a period not to exceed 1 school year.

2-3 4. As used in this section:

2-4 (a) "Door-to-door sales" means the selling of merchandise or the

2-5 soliciting of money or other donations by a pupil outside the grounds of a

2-6 public school and in a place other than the residence of the pupil, in

2-7 which the pupil travels from one residence or business to another to raise

2-8 money or secure donations for a public school or organization sponsored

2-9 by a public school. The term does not include sales or solicitations

2-10 conducted pursuant to a prearranged appointment with a specific person

2-11 that is held in a place to which the general public has access.

2-12 (b) "Incentives" do not include benefits or rewards made available to

2-13 groups of pupils for their participation in a fund-raising program, so

2-14 long as individual pupils are not rewarded based on their level of sales or

2-15 donations secured.

2-16 (c) "Organization sponsored by a public school" includes, without

2-17 limitation, a school team, band or club that engages in sports or any

2-18 other extracurricular activity, a booster club or a parent-teacher

2-19 association.

2-20 Sec. 2. If a public school, or organization sponsored by a public

2-21 school, is engaged on the effective date of this act in a fund-raising activity

2-22 that violates section 1 of this act, the school or organization may continue

2-23 the fund-raising activity until it is completed, except that in no event may

2-24 the fund-raising activity continue for more than 30 days after the effective

2-25 date of this act.

2-26 Sec. 3. This act becomes effective upon passage and approval.

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