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--- version:As Introduced+++ version:(document, no version)@@ -1,234 +1,33 @@- A.B. 420--- *AB420*--ASSEMBLY BILL NO. 420–ASSEMBLYMEMBER GONZÁLEZ--MARCH 13, 2025-____________--Referred to Committee on Education--SUMMARY—Revises provisions relating to governmental-administration. (BDR 34-538)--FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.- Effect on the State: Yes.--~--EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.--AN ACT relating to governmental administration; requiring certain-entities to prepare and submit a report to the board of-trustees of a school district after a chemical agent or-electronic stun device is used against pupils or minors in-certain settings ; requiring the board of trustees of the-school district to conduct an investigation and make-certain determinations after receiving such a report;-requiring the board of trustees of the school district to-make available to the public a summary of certain-information relating to the use of and review of the use of-such items; creating the Voter Access Grant Program and-the Account for the Voter Access Grant Program; and-providing other matters properly relating thereto.-Legislative Counsel’s Digest:- Existing law authorizes: (1) the board of trustees of a school district to employ, 1-appoint or contract for the provision of school police officers; and (2) the governing 2-body of a charter school to contract with the board of trustees of the school district 3-in which the charter school is located to provide school police officers. (NRS 4-388A.384, 391.281) Section 1 of this bill requires, if a school police officer or 5-employee of a school d istrict in a county whose population is 700,000 or more 6-(currently only Clark County) uses or orders the use of a chemical agent or 7-electronic stun device against a pupil or minor in certain settings, the school in 8-which he or she is assigned or the metropolitan police department or sheriff’s office 9-that is his or her employer, as applicable, to prepare and submit a report to the 10-board of trustees of the school district in which the incident occurred. Section 1 11-further requires: (1) certain information to be included in the report; (2) the board 12-of trustees of the school district to conduct an independent investigation of the 13-incident; (3) the board of trustees of the school district to determine whether the use 14-- – 2 –--- *AB420*-of the chemical agent or electronic stun device was justified; and (4) the board of 15-trustees of the school district to determine whether to change certain policies and 16-procedures of the school district or make recommendations for the adoption or 17-modification of certain policies to the metropolitan police department or sheriff. 18- Section 1 requires, after such an investigation has been completed, the board of 19-trustees to make available to the public not less than 30 days before the date of the 20-next succeeding general election a summary of any report submitted, investigation 21-conducted and determination made, and provides that this requirement may be 22-fulfilled by posting the summary on the Internet website of the school district. 23- Existing law requires the Secretary of State to serve as the Chief Officer of 24-Elections for this State and to be responsible for the execution and enforcement of 25-the provisions of the Nevada Revised Statutes and all other provisions of state and 26-federal law relating to elections. (NRS 293.124) Section 3 of this bill requires the 27-Secretary of State to establish and administer the Voter Access Grant Program to 28-provide grants of money from the Account for the Voter Access Grant Program 29-created by section 4 of this bill to eligible entities to support the administration of 30-elections and improve voter access. For the purpose of providing such grants, an 31-“eligible entity” is defined by section 3 to mean a county, city or tribal government. 32--THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:-- Section 1. Chapter 391 of NRS is hereby amended by adding 1-thereto a new section to read as follows: 2- 1. If a school police officer or employee of a school district in 3-a county whose population is 700,000 or more uses or orders the 4-use of a chemical agent or electronic stun device against a pupil or 5-minor under any of the following circumstances , the school in 6-which he or she is assigned or, if the board of trustees of the 7-school district has entered into a contract with a metropolitan 8-police department created pursuant to chapter 280 of NRS or with 9-the sheriff of that county for the provision of school police 10-officers, the metropolitan police department or sheriff’s office that 11-employs the school police officer, must prepare and submit a 12-report to the board of trustees of the school district in which the 13-incident occurred: 14- (a) On or in school gr ounds, property, buildings or any other 15-school district facilities; 16- (b) If the board of trustees has entered into a contract with a 17-charter school for the provision of school police officers pursuant 18-to NRS 388A.384, on or in the grounds, property, build ings or any 19-other facilities in which the charter school is located; or 20- (c) At activities or events sponsored by the school district or 21-charter school that are in a location other than the school 22-grounds, property, buildings or facilities within the schoo l district 23-or charter school. 24-- – 3 –--- *AB420*- 2. The report required pursuant to subsection 1 must 1-describe: 2- (a) Measures that the school police officer or employee of a 3-school district took before the incident occurred to reduce the 4-probability of disorder and disruption; and 5- (b) Actions taken before the incident occurred to de-escalate or 6-stabilize the situation to avoid using a chemical agent or electronic 7-stun device against a pupil or minor. 8- 3. The board of trustees of a school district that receives a 9-report prepared pursuant to subsection 1 shall: 10- (a) Review the report; 11- (b) Conduct an independent investigation of the incident; and 12- (c) Determine whether: 13- (1) The measures or actions de scribed in the report were 14-consistent with any policies or procedures of the school district 15-regarding de-escalation, stabilization or the use of force; 16- (2) The use of the chemical agent or electronic stun device 17-was justified; and 18- (3) To revise the po licies and procedures of the school 19-district regarding de -escalation, stabilization and the use of force 20-or, if the school district enters into a contract with a metropolitan 21-police department created pursuant to chapter 280 of NRS or with 22-the sheriff of t hat county for the provision of school police 23-officers, make recommendations to the metropolitan police 24-department or sheriff for the modification or adoption of policies 25-and training procedures. 26- 4. After the board of trustees completes the investigation 27-required by subsection 3, the board of trustees shall make 28-available to the public not less than 30 days before the date of the 29-next succeeding general election a summary of any report 30-submitted, investigation conducted and determination made 31-pursuant to the provisions of this section. The board of trustees 32-may fulfill the requirements of this subsection by posting the 33-summary on the Internet website of the school district. 34- 5. As used in this section: 35- (a) “Chemical agent” means any chemical which can r apidly 36-produce sensory irritation or disabling physical effects in humans, 37-which disappear within a short time following termination of 38-exposure. The term includes, without limitation, items commonly 39-referred to as tear gas, pepper spray, pepper balls and oleoresin 40-capsicum. 41- (b) “Electronic stun device” means a device that: 42- (1) Emits an electrical charge or current that is transmitted 43-by projectile, physical contact or other means; and 44-- – 4 –--- *AB420*- (2) Is designed to disable a person or animal temporarily or 1-permanently. 2- (c) “School police officer” includes a peace officer who is 3-employed by a metropolitan police department created pursuant to 4-chapter 280 of NRS or a sheriff’s office that has entered into a 5-contract with a school district to provide police services in public 6-schools pursuant to NRS 391.281. 7- Sec. 2. Chapter 225 of NRS is hereby amended by adding 8-thereto the provisions set forth as sections 3 and 4 of this act. 9- Sec. 3. 1. The Secretary of State shall establish and 10-administer the Voter Access Grant Program to provide grants of 11-money from the Account for the Voter Access Grant Program 12-created by section 4 of this act to eligible entities to support the 13-administration of elections and improve voter access. 14- 2. In carrying out the Program, the Secretary of State may 15-award a grant to an eligible entity for: 16- (a) The purchase and maintenance of supplies or equipment 17-for an election; 18- (b) Payment of election board officers and other employees 19-who perform duties relating to elections; 20- (c) Programs for voter education and outreach; and 21- (d) Any other project, program or expense that the Secretary of 22-State determines to be eligible for the Program. 23- 3. The Secretary of State, or his or her designee, shall review 24-each application submitted for a grant from the Program in 25-accordance with the regulations adopted pursuant to subsection 6. 26-When reviewing an application, the Secretary of State, or his or 27-her designee, may request any additional information from an 28-applicant to determine eligibility of the applicant for a grant. 29- 4. Any grant awarded to an eligible e ntity pursuant to the 30-Program is in addition to and does not supplant or replace any 31-money, support or services otherwise authorized or required by 32-law to be provided to an eligible entity. 33- 5. On or before January 1 of each odd -numbered year, the 34-Secretary of State shall prepare and submit a written report to 35-the Director of the Legislative Counsel Bureau for transmittal 36-to the Legislature. The report must include, without limitation, for 37-the immediately preceding biennium: 38- (a) The number of eligible e ntities that applied for a grant 39-from the Program; 40- (b) The number of eligible entities that received a grant from 41-the Program; 42- (c) The number of eligible entities that applied for but did not 43-receive a grant from the Program; 44-- – 5 –--- *AB420*- (d) The total amount of grants awarded from the Program; 1-and 2- (e) A description of the projects, programs, supplies or 3-equipment that were purchased or supported, in whole or in part, 4-from the Program. 5- 6. The Secretary of State shall adopt any regulations 6-necessary to carry out the provisions of this section , including, 7-without limitation, regulations that prescribe: 8- (a) The process for applying for a grant from the Program, 9-including, without limitation, application requirements; 10- (b) Criteria for eligibility for a grant from the Program; 11- (c) The order of priority for reviewing applications and 12-awarding grants from the Program; and 13- (d) Standards for determining whether to approve an 14-application for a grant from the Program. 15- 7. For the purposes of this section, “eligible en tity” means a 16-county, city or tribal government. 17- Sec. 4. 1. The Account for the Voter Access Grant Program 18-is hereby created in the State General Fund. The Secretary of 19-State shall administer the Account. 20- 2. The Secretary of State may apply for and accept any 21-donation, gift, grant, bequest or other source of money for deposit 22-in the Account. 23- 3. The interest and income earned on the money in the 24-Account, after deducting any applicable charges, must be cre dited 25-to the Account. 26- 4. Any money remaining in the Account at the end of a fiscal 27-year does not revert to the State General Fund and the balance in 28-the Account must be carried forward to the next fiscal year. 29- Sec. 5. The provisions of NRS 218D.380 do not apply to any 30-provision of this act which adds or revises a requirement to submit a 31-report to the Legislature. 32- Sec. 6. This act becomes effective on July 1, 2025. 33--H+Dear Assembly Committee on Education,+Today I testified in opposition to AB420. Because I was struggling with my voice and was+interrupted by the Vice Chair, Assemblymember D’Silva, I was not able to finish my+testimony. Below is the full text of what I’d planned to state:+The summary for Bill AB420 describes it as "Revises Provisions relating to governmental+administration" . It references the BDR used by the Legislative Bureau as BDR 34-538.+However, in the BDR listing on the Nevada Legislative website, BDR-34-538 is described as+"Revises provisions relating to elections" .+ AB420, Section 1, revises NRS Chapter 391. That chapter addresses Personnel,+under Title 34, Education.+ AB420, Sections 2, 3 and 4, seek to revise NRS Chapter 225. That chapter+addresses The Secretary of State, under Title 18, the State Executive Department.+ One bill addressing 2 completely diƯerent subjects, under 2 completely diƯerent+NRS Categories, as stated in the prior bullet points.+ Article 4, Section 17 of the Nevada Constitution mandates "Each law enacted by the+Legislature shall embrace but one subject, and matter, properly connected+therewith, which subject shall be briefly expressed in the title. ” The title used makes+no reference to Education personnel.+ NRS 218D.100, Section 3, subsection (b) states "The Legislative Counsel shall not+honor a request for the drafting of a legislative measure which has been combined in+violation of Section 17 of Article 4 of the Nevada Constitution. "+ The drafting of AB420 violates both the Nevada Constitution and the Statute+referenced above.+ With this as background, this matter must be reviewed again by the Legislative+Counsel and the bill subsequently withdrawn.+In my opinion, Vice Chair D’Silva owes me an apology. His comment in the midst of my+testimony – which was a comment that legislative counsel had already explained there was+not an issue – which was disrespectful and belittling. This was unfortunate timing, and I+would hope that Chair Torres-Fossett would not have allowed this to happen had she been+in the room.+Thank you for allowing me to clarify my testimony.+Respectfully,+Nancy Roecker
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