Bill > SB321

Introduced Session

Legislative Counsel's Digest: Existing law provides that the system of community colleges of this State is, 1 along with the universities and state colleges of this State, part of the Nevada 2 System of Higher Education administered under the control of the Board of 3 Regents of the University of Nevada. (NRS 396.020) Effective July 1, 2022, this 4 bill generally transfers authority for the supervision and control of community 5 colleges from the Board of Regents to the State Board for Community Colleges and 6 the boards of trustees of such community colleges. 7 Section 7of this bill creates the State Board for Community Colleges and 8 provides for the appointment by the Governor of the members of the Board. 9 Section 10of this bill creates the Nevada System of Community Colleges, 10 consisting of each community college administered under the direction of the Board 11 and provides that the System is operated under the direction and control of the 12 Board. Sections 7-73and 77-81of this bill generally provide the Board with 13 similar powers and duties relative to the supervision and control of the Nevada 14 System of Community Colleges as those exercised by the Board of Regents under 15 existing law. Section 9of this bill requires the Board to appoint an Executive 16 Director and authorizes the Board to delegate any of its powers and duties to the 17 Executive Director. Section 11of this bill requires the Board to establish standards 18 governing the operation of community colleges within the System and to exercise 19 any powers necessary to carry out the provisions of this bill. 20 Section 74of this bill creates a board of trustees for each community college 21 within the System and provides for the appointment by the Governor of the 22 membership of a board of trustees. Sections 74-76of this bill establish certain 23 powers and duties of such a board of trustees. Section 75of this bill provides that 24 the board of trustees of a community college shall operate and manage the 25 community college for which it was appointed. Section 74of this bill provides that 26 any rules and regulations adopted by a board of trustees for the operation and 27 management of a community college must be consistent with the rules and 28 regulations adopted by the State Board for Community Colleges. Section 76of this 29 bill requires the board of trustees to employ a president for the community college 30 and authorizes the board of trustees to delegate any of its powers and duties to the 31 president. 32 Sections 82-149and sections 154-156of this bill amend various provisions of 33 existing law specifically related to education consistent with the provisions of this 34 bill which transfer the direction and control of community colleges from the Board 35 of Regents to the State Board for Community Colleges. Sections 140and 142of 36 this bill provide that provisions of existing law relating to education loans for 37 nursing students apply to students who attend an institution of the Nevada System 38 of Higher Education and students who attend a community college. Likewise, 39 sections 143-145of this bill amend existing law to ensure the continued eligibility 40 of community college students for the Millennium Scholarship and sections 146-41 149of this bill ensure the continued eligibility of community college students for 42 the Silver State Opportunity Grant Program. 43 Section 151of this bill creates the Articulation and Transfer Board and 44 provides for the appointment by the Governor of the members of the Board. 45 Sections 152and 153of this bill establish certain powers and duties of the Board. 46 Sections 157-327of this bill similarly amend other provisions of existing law 47 to delineate the powers and duties of the Board of Regents relative to the Nevada 48 System of Higher Education and the powers and duties of the State Board for 49 Community Colleges and the boards of trustees of the community colleges relative 50 to the Nevada System of Community Colleges. 51 Section 329of this bill provides for the appointment, on or after July 1, 2022, 52 by the Governor of the initial members of the State Board for Community Colleges 53 and the boards of trustees of the community colleges. Section 330of this bill 54 provides for the appointment of the members added to various boards, councils and 55 commissions by sections 82, 97, 118, 157, 227, 232, 292and 297of this bill, 56 including the: (1) State Board of Education; (2) Commission on Educational 57 Technology; (3) Commission on Professional Standards in Education; (4) 58 Committee to advise the Court Administrator regarding court interpreters; (5) 59 Board of the Public Employees Benefits Program; (6) Committee to administer the 60 Public Employees Deferred Compensation Program; (7) Nevada Early Childhood 61 Advisory Council; and (8) Advisory Council on the State Program for Wellness and 62 the Prevention of Chronic Disease. Sections 180, 183, 261, 269, 273and 290of 63 this bill similarly provide for the appointment of the Executive Director of the State 64 Board for Community Colleges to various boards, councils and commissions, 65 including the: (1) Advisory Council on Science, Technology, Engineering and 66 Mathematics; (2) Board of Economic Development; (3) Technical Advisory 67 Committee on Future State Revenues; (4) Board of Trustees of the College Savings 68 Plans of Nevada; (5) corporation for public benefit established by the State 69 Treasurer; and (6) Interagency Council on Veterans Affairs. 70 Section 331of this bill provides for the appointment, on or after July 1, 2022, 71 by the Governor of the initial members of the Articulation and Transfer Board. 72 Section 332of this bill provides that any lease or contract entered into by the 73 Nevada System of Higher Education or the Board of Regents before July 1, 2022, 74 and in effect on or after July 1, 2022, relating to the operation of or the provision of 75 services by or to the community colleges shall be deemed to be a lease or contract 76 entered into by the board of trustees of the respective community college. 77 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Title 34 of NRS is hereby amended by adding 1 thereto a new chapter to consist of the provisions set forth as 2 sections 2to 81, inclusive, of this act. 3 Sec. 2. As used in this chapter, unless the context otherwise 4 requires, the words and terms defined in sections 3 to 6, inclusive, 5 of this act have the meanings ascribed to them in those sections. 6 Sec. 3. Board means the State Board for Community 7 Colleges created by section 7 of this act. 8 Sec. 4. Board of trustees means the board of trustees of a 9 community college within the System. 10 Sec. 5. Executive Director means the Executive Director 11 of the Board. 12 Sec. 6. System means the Nevada System of Community 13 Colleges created by section 10 of this act. 14 Sec. 7. 1. The State Board for Community Colleges is 15 hereby created. The Board consists of nine voting members 16 appointed by the Governor. 17 2. The Governor shall ensure that the members appointed to 18 the Board pursuant to subsection 1 represent the diversity of this 19 State. The members of the Board appointed pursuant to subsection 20 1 must include: 21 (a) Representatives of different strategically important 1 industries, different geographic regions of this State, different 2 professions, and different racial and ethnic groups. 3 (b) At least one member who is a person active in private 4 business or industry of this State. 5 (c) At least one member who is a representative of labor. 6 3. After the initial terms, each member appointed to the 7 Board pursuant to subsection 1 serves a term of 4 years, except 8 that each member continues to serve until a successor is 9 appointed. A member of the Board may be reappointed. 10 4. A member of the Board may be removed by the Governor 11 before the expiration of the member s term for misconduct in 12 office, incompetence or neglect of duty. 13 5. If a vacancy occurs during the term of a member of the 14 Board appointed pursuant to subsection 1, the Governor shall 15 appoint a person to fill the vacancy for the remainder of the 16 unexpired term. 17 6. A majority of the members of the Board constitutes a 18 quorum for the transaction of business. A majority vote of the 19 quorum present is required to take action with respect to any 20 matter. 21 7. The Board shall adopt a seal. 22 8. The Board shall elect annually, from among its members, 23 a Chair, a Vice Chair and a Treasurer. 24 9. The Board shall meet at the call of the Chair. At all times, 25 the records of all proceedings of the Board are open to public 26 inspection, except records of a closed meeting which have not 27 become public. The Secretary of the Board shall transmit to the 28 Governor a copy of the approved minutes of each regular meeting 29 of the Board and the boards of trustees. 30 10. The Board shall adopt bylaws and rules for the conduct of 31 its business, and shall have the power to amend and rescind these 32 bylaws and rules. Such rules may include rules for its own 33 government and the government of the System. 34 11. In addition to the money provided by the Legislature by 35 direct appropriation, the Board may apply for and accept any gift, 36 donation, bequest, grant or other source of money to carry out the 37 provisions of this chapter. 38 12. The Board may accept and take in the name of the 39 System, for the benefit of any branch or facility of the System, by 40 grant, gift, devise or bequest, any property for any purpose 41 appropriate to the System. Property so acquired must be taken, 42 received, held, managed and invested, and the proceeds thereof 43 used, bestowed and applied by the Board for the purposes, 44 provisions and conditions prescribed by the respective grant, gift, 1 devise or bequest. 2 Sec. 8. 1. Each member of the Board is entitled to receive a 3 salary of $80 for each meeting of the Board that he or she attends. 4 2. Each member of the Board is entitled to receive in 5 attending meetings of the Board, or while on the business of the 6 Board within the State: 7 (a) A per diem expense allowance not to exceed the greater of: 8 (1) The rate of $60; or 9 (2) The maximum rate established by the Federal 10 Government for the locality in which the travel is performed. 11 (b) The travel allowance provided for state officers and 12 employees generally. 13 3. If an account is established for a member of the Board to 14 pay for hosting expenditures of the member: 15 (a) The annual expenditures from the account may not exceed 16 $2,500. 17 (b) The account may be used only to pay for activities that are 18 directly related to the duties of the member of the Board, including 19 reasonable expenses for meals, beverages and small gifts. The 20 account must not be used to pay for expenses associated with 21 attending a sporting event or a political fundraising event. 22 (c) The member of the Board must submit a monthly report of 23 expenditures from the account to the Executive Director. The 24 report must include, without limitation, the amount of money 25 expended from the account, the specific purpose and activity for 26 which the money was expended and, if applicable, the person for 27 whom the money was expended. 28 (d) The Executive Director shall compile the monthly reports 29 into an annual report on or before January 30 of each year. The 30 monthly reports and annual reports are public records and must 31 be made available for public inspection. 32 4. As used in this section, hosting expenditures means 33 reasonable expenses by or on behalf of a member of the Board 34 who is conducting business activities necessary to provide a 35 benefit to the System by establishing goodwill, promoting 36 programs of the System or otherwise advancing the mission of the 37 System. 38 Sec. 9. 1. The Board shall appoint an Executive Director 39 who serves at the pleasure of the Board. Before appointing an 40 Executive Director, the Board must consider an applicant s fitness 41 and background in education, knowledge of and recent practical 42 experience in the field of education, particularly in institutions 43 beyond the high school level. The Board may also consider an 44 applicant s proven management background in a field other than 1 education. 2 2. The Board may delegate to the Executive Director any of 3 its powers or duties. 4 3. The Executive Director shall: 5 (a) Attend all meetings of the Board and act as Secretary, 6 keeping a full record of all proceedings of the Board. 7 (b) Direct and supervise any offices of the Board and all 8 activities of the Board. 9 (c) Prepare reports and collect and disseminate data and other 10 information relating to the community colleges within the System. 11 (d) At the direction of the Board, together with the Chair of the 12 Board, execute any contract entered into by the State to carry out 13 the provisions of this chapter. 14 (e) With approval of the Board, appoint and remove or 15 discharge such personnel as may be necessary for the 16 performance of the functions of the Board. 17 Sec. 10. 1. There is hereby created the Nevada System of 18 Community Colleges consisting of the community colleges 19 administered under the direction of the Board and such branches 20 and facilities as the Board deems appropriate. The legal and 21 corporate name of the System is the Community Colleges of 22 Nevada. 23 2. In addition to the other powers and duties imposed upon 24 the Board pursuant to the provisions of this chapter, the Board 25 shall: 26 (a) Supervise and control the System. 27 (b) Review annually each budget prepared by a board of 28 trustees pursuant to paragraph (a) of subsection 2 of section 75 of 29 this act. 30 (c) Prepare annually a budget for the System. 31 (d) Prepare and submit biennially to the Governor and to the 32 Director of the Legislative Counsel Bureau for transmittal to the 33 Legislature the comprehensive plan for each community college 34 prepared by a board of trustees pursuant to subsection 2 of section 35 75 of this act and a comprehensive plan for the System for the 36 next 4 years which must include, without limitation: 37 (1) An explanation of any anticipated new programs and 38 expansions of existing programs of instruction, public service or 39 research, itemized by community college, by year and by purpose; 40 (2) The anticipated cost of each new or expanded program 41 described pursuant to subparagraph (1); 42 (3) The amount and the source of any money anticipated to 43 be available, from sources other than legislative appropriation, to 44 meet each item of anticipated cost listed pursuant to subparagraph 1 (2); and 2 (4) Any other information deemed appropriate by the 3 Board. 4 3. In preparing the budget for the System pursuant to 5 paragraph (c) of subsection 2, the Board: 6 (a) May adopt objective criteria and metrics for measuring the 7 performance of a community college and include in the budget for 8 the next fiscal year additional funding for community colleges that 9 meet such criteria and metrics; and 10 (b) Shall give preference to portions of the budgets of 11 community colleges that fund programs of instruction in career 12 and technical education. 13

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Scott Hammond (R)*,  Ira Hansen (R)*,  James Settelmeyer (R)*, 

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.) (on 04/10/2021)

Official Document