Assembly Bill No. 499–Assemblymen Williams, Arberry,
Chowning and Manendo

 

CHAPTER..........

 

AN ACT relating to public schools; revising provisions governing the policy for the renovation or reconstruction of schools required of certain school districts; revising provisions governing the use of certain proceeds of bonds for a pilot program of a certain school district for the replacement of schools; requiring Clark County school district to continue its pilot program for the replacement of schools; authorizing a certain school district to use a certain amount of money from its fund for capital projects to finance the replacement of schools designated for its pilot program; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 393.103 is hereby amended to read as follows:

   393.103  A school district that has more than 150,000 pupils enrolled

 shall develop and adopt a policy concerning the renovation or

 reconstruction of older buildings for schools or related facilities. As part of

 the policy, consideration must be given to the relative advantages and

 disadvantages of the renovation or reconstruction of older buildings for

 schools or related facilities as compared to the design, construction or

 purchase of new buildings for schools or related facilities [.] , including,

 without limitation, an analysis of the costs to renovate or reconstruct

 existing buildings and facilities to comply with the Americans with

 Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., in comparison with

 the costs to construct or purchase new buildings and facilities. The

 policy must include, without limitation, guidelines for use by the board of

 trustees in determining:

   1.  Whetherolder buildings should be renovated or reconstructed or

 whether new buildings to replace those older buildings should be

 constructed or purchased [.] , including, without limitation, a

 determination of the costs to renovate or reconstruct existing buildings

 and facilities to comply with the Americans with Disabilities Act of 1990,

 42 U.S.C. §§ 12101 et seq., in comparison with the costs to construct or

 purchase new buildings and facilities.

   2.  The manner in which the board of trustees will expend or disburse

 money that the board did not otherwise anticipate would be available to

 finance the renovation or reconstruction of older buildings and the

 construction or purchase of new buildings, if such money, in fact, becomes

 available.

   Sec. 2.  Section 3 of chapter 562, Statutes of Nevada 1999, at page

 2947, is hereby amended to read as follows:

     Sec. 3.  1.  The legislature hereby finds and declares that:

     (a) The deterioration of school facilities has become a grave

 concern in this state;

     (b) The local governments in the various portions of the state are

 currently faced with unique financial problems resulting from a

 variety of situations because in some local governments the

 population is rapidly increasing whereas in others the population is

 generally declining;

     (c) Some local governments are still attempting to rehabilitate

schools that were built around the turn of the last century and others

 cannot build new schools quickly enough to meet the needs of the

 children in the district; and

     (d) Because of the unique variety of problems facing the local

 governments of this state a general law cannot be made applicable to

 ensure that children in more densely populated urban areas are

 provided with a safe environment which encourages learning.

     2.  The board of trustees of the Clark County School District shall

 establish a pilot program to replace schools. The school district may

 use an amount not to exceed [$15] $18 million from the proceeds of

 the bonds issued pursuant to subsection 3 or 4 of NRS 350.020 to:

     (a) Evaluate older schools within the district to determine the need

 for renovation or reconstruction of those schools in furtherance of

 section 2 of this act; and

     (b) Reconstruct one existing elementary school designated by the

 board of trustees from among the three schools analyzed in 1998 by

 the board of trustees in the study entitled “Rehab vs. Replacement

 Study/Phase Analysis.” The board of trustees, upon designating the

 school to be reconstructed, shall with all deliberate speed commence

 the reconstruction of the designated school with a planned

 completion date [of July 1, 2001.] as soon as is practicable.

     3.  The purpose of this section is to provide authority to expend

 the proceeds of the bonds issued pursuant to subsection 3 or 4 of

 NRS 350.020 for reconstruction that is additional to and does not

 replace, repeal or limit any existing authority to so expend such

 proceeds.

     4.  On or before February 1, 2001, the Clark County School

 District shall submit to the director of the legislative counsel bureau

 for transmission to the 71st session of the Nevada legislature an

 interim report regarding the pilot program to replace schools. The

 report must include, without limitation, the progress of the effort to

 evaluate the older schools conducted pursuant to paragraph (a) of

 subsection 2 of this section and the progress of the reconstruction of

 the designated elementary school.

   Sec. 3.  1.  The board of trustees of the Clark County School District

 shall continue the pilot program established pursuant to section 3 of

 chapter 562, Statutes of Nevada 1999, at page 2947.

   2.  Notwithstanding the provisions of NRS 387.328 to the contrary, the

 board of trustees of the Clark County School District may use an amount

 not to exceed $90 million from the fund for capital projects created

 pursuant to NRS 387.328 to reconstruct at least five existing schools

 within the school district. The board of trustees shall select the schools

 designated for reconstruction in accordance with the policy adopted

 pursuant to NRS 393.103 concerning the renovation or reconstruction of

 older buildings for schools or related facilities and any priorities for

 reconstruction set forth in that policy. The board of trustees, upon

 designating the schools to be reconstructed, shall with all deliberate speed

 commence the reconstruction of the designated schools with a planned

 completion date of July 1, 2005.

   3.  On or before February 1, 2003, the board of trustees of the Clark

 County School District shall submit to the director of the legislative

counsel bureau for transmission to the 72nd session of the Nevada

legislature an interim report regarding the pilot program to replace schools.

 The report must include, without limitation, the progress of the

 reconstruction of the designated schools.

   Sec. 4.  1.  This section and sections 2 and 3 of this act become

 effective on July 1, 2001.

   2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1,

 2001.

 

²⁰~~~~~⁰¹