Revises provisions relating to education. (BDR 34-1219)
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AB 523 — Revises provisions relating to education. (BDR 34-1219)
Last action — Chapter 496.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 23, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 15, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
530 added · 567 removed530 line(s) added, 567 removed.
EXEMPTAssembly A.B.Bill No.
523523–Committee Aon SSEMBLYWays Band ILLNMeans O.CHAPTER..........
523–COMMITTEE ON W AYS AND M EANS M AY 23, 2023 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions relating to education.
(BDR 34-1219) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existingpurpose lawof createssupporting the Stateoperation Educationof Fundthe aspublic aschools specialin revenuethis fundState forand theidentifies the sources of revenue for the Fund.
(NRS 387.1212) Existing law requires thedentifiesthe Superintendent of Public Instruction, on or before the first day of every month, to apportion the State Education Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating one-twelfth of their respective yearly apportionments.
(NRS 387.124) Existing law requires the State Treasurer, on or before the first day of every month, to pay all money due each school district, charter school and day of university school for profoundly gifted pupils according to the monthly apportionmentcreates madethe byEducation Stabilization Account as a reserve account within the Superintendent.State Education Fund;
(NRS(2) 387.185)authorizes Existingthe lawtransfer also:of money between the Account and the Fund for certain purposes, including if the collection of revenue in any fiscal year will result in the Fund receiving 97 percent or less of the money authorized for expenditure from the Fund;
(1) creates the Education Stabilization Account as a reserve account within the State Education Fund;
(2) authorizes the transfer of money between the Account and the Fund for certain purposes, including if the collection of revenue in any fiscal year expenditure from the Fund;
(NRS 387.1213) Section 5 of this bill authorizes the Superintendent to request, and the Interim Finance Committee to approve, a temporary advance from the Education - *AB523* – 2 – Stabilization Account to the State Education Fund for the payment of all or part of the money due each month to each school district, charter school and universityuniversityt of school for profoundly gifted pupils if the Superintendent determines the amount due exceeds the amount of money which is available in the Fund because of a delay in expected receipts.
Section 3 of this bill similarly authorizes the Superintendent to request, and the Interim Finance Committee to approve, a temporary advance from the State General Fund to the State Education Fund for the same purposes asfromas described in section 5, if an advance requested pursuant to section 5 will not provide adequate funding to address the shortfall.
Sections 3 and 5 require any such money which is temporarily advanced to be paid back by August 31 following the(1) endremoves of the fiscal97 yearpercent inthreshold whichfor thetransferring temporarymoney advancebetween isthe made.Education:
SectionStabilization 5Account also:and the State Education Fund, thus authorizing transfers for any decrease in revenue in the Fund;
(1)and removes(2) theincreases 97 percent threshold for transferring money between the Educationauthorized Stabilizationbalance Accountin and the State Education Fund, thus authorizing transfers for Account from 15 percent to 20 percent of the total of all appropriations andeand in the authorizations from the Fund, excluding the Account, for the immediately preceding fiscal year.
Sections 2 and 6 of this bill change the rate of inflation for purposes of determining the statewide base per pupil funding amount to be the average percentage of increase or decrease in the - 82nd Session (2023) – 2 – Consumer Price Index during the immediately preceding 3 calendar years, instead of Sectionsduring 2.3the andimmediately 2.5preceding ofcalendar Senateyear. Bill No.
124(NRS of387.1214, this387.12455) session made certain) changes relating to the Education Stabilization Account and to certain money appropriated from the State Education Fund.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by - *AB523* – 3 – the county treasurer for the actual cost of collecting and administering the tax;
(i)- 82nd Session (2023) – 3 – NRS 360.850;oney identified in paragraph (a) of subsection 2 of (j) The money identified in paragraph (a) of subsection 2 of NRS 360.850;360.855;
(j) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(q)NRS The678B.390;ney money identified in paragraph (b) of subsection 4 of (r) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 678B.390;463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
(r) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
-(x) *AB523*The –money 4required –to (x)be distributed to the State Education Fun(y) The moneyamount of any fines required to be distributedremitted to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 1 of NRS 363D.290;555.470;
[and] (y) The amount of any fines required to be remitted to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 1 of NRS 555.470;
and (bb)- The82nd directSession legislative(2023) appropriation– from4 the– State General Fund required by subsection 3.
appropriation from the State General 3.
Except as otherwise provided in subsection 5, for the purpose of establishing budgetary estimates for expenditures and revenues for the State Education Fund as prescribed by the State Budget Act, the Governor shall, to the extent practicable, ensure that an amount of money in the State General Fund is reserved in the proposed executive budget for transfer to the State Education Fund which is sufficient to fully fund:
- *AB523* – 5 – (b) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is not greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the combined- rate82nd ofSession inflation(2023) and– 5 – public schools in this State.d the growth of enrollment in the public(c) schoolsIf the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will decrease, an amount of money in thisthe State.State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium decreased by an amount not greater than the rate of decrease for the revenue collected by the State as projected by the Economic Forum.
(c) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will decrease, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium decreased by an amount not greater than the rate of decrease for the revenue collected by the State as projected by the Economic Forum.
(a) The statewide base per pupil funding amount, which must be equal to the statewide base per pupil funding amount for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount and the multiplier for each category of pupils pursuant to paragraph (b);
or (2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, increases from the preceding fiscal year but in an amount which, after - *AB523* – 6 – recommending the statewide base per pupil funding amount pursuant to paragraph (a), is insufficient to fund the multiplier for each category of pupils, in which event the Governor must recommend the remaining money in the State Education Fund, excluding the Education Stabilization Account, be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year.
- 82nd Session (2023) – 6 – 3.
Show all 82 changed lines (42 more)
When determining the amount of money to reserve for transfer from the State General Fund to the State Education Fund pursuant to subsection 1, the Governor shall consider the recommendations of the Commission, as revised by the Joint Interim Standing Committee on Education, if applicable, for an optimal level of funding for education and may reserve an additional amount of money for transfer to the State Education Fund that the Governor determines to be sufficient to fund any recommendation or any portion of a recommendation that the Governor includes in the proposed executive budget.
If the Governor includes in the proposed executive budget recommendations pursuant to this subsection, the recommendations must be accompanied by such recommendations for legislation as the Governor determines to be appropriate to improve the method by which funding for the public schools in this State is determined.
- *AB523* – 7 – Sec.
If the Superintendent of Public Instruction determines that the money due from the State Education Fund to a county school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.185 exceeds the amount of money available in the State Education Fund because of a delay in - 82nd Session (2023) – 7 – expected receipts, and a temporary advance requested pursuant to NRS 387.1213 will not provide adequate funding to address the shortfall, he or she may request from the Director of the Office of Finance a temporary advance from the State General Fund for the paymentpay2.nt Upon receipt of sucha moneyrequest due.made pursuant to subsection 1, the Director of the Office of Finance shall make a recommendation to the Interim Finance Committee to approve the temporary advance in whole or in part or to deny the request.
2.
Upon receipt of a request made pursuant to subsection 1, the Director of the Office of Finance shall make a recommendation to the Interim Finance Committee to approve the temporary advance in whole or in part or to deny the request.
All fines collected by the Director pursuant to this subsection must be remitted to the [county treasurer of the county in which the violation occurred] State Treasurer for deposit to the credit [to the county schoolsch2. district fund.] of the State Education Fund.
2.The Director may:of the State Education Fund.
The Director may:
- *AB523* – 8 – Sec.
Except as otherwise provided in subsections 3, 4 and 5, each year after the- close82nd ofSession the(2023) previous– fiscal8 year– and before the issuance of the State Controller’s annual report, each county schoolschooluance of district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the actual ending fund balance of the county school district fund exceeds 16.6 percent of the total actual expenditures for the fund.
The balance in the Education Stabilization Account must not exceed [15] 20 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account, for the immediatelythe precedingEducation fiscalStabilization year.Account which exceeds thised to amount must instead be transferred to the State Education Fund.
Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.
or (b) The collection of revenue in any fiscal year will result in the State Education Fund receiving [97 percent or] less [of the] money than authorized for expenditure from the State Education Fund, the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund.
- *AB523* – 9 – 5.
- 82nd Session (2023) – 9 – (b) Any money apportioned to the county school district for capital projects or debt service pursuant to subsection 2 of NRS 362.170 and deposited in the county school district fund when authorized by law;
and (c) Any money transferred to the county school district and authorized for expenditure as a continuing appropriation pursuant to paragraph (b) of subsection 6 of NRS 387.1214.
Any money which is temporarily advanced from the Education Stabilization Account pursuant to this subsection must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.
- *AB523*82nd Session (2023) – 10 – Sec.hereby amended to read as follows:
6.Bill No.
Section124 2.5 of Senatethis Billsession No.is Sec.
124 of this session is hereby amended to read as follows:
Sec.
It is the intent of the Legislature that the statewide base per pupil funding amount for any fiscal year, to the extent practicable, be not less than the statewide base per pupil funding amount for thethenot less than immediately preceding fiscal year, adjusted by the rate of inflation, unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year.
After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the money in the State Education Fund, excluding any amount of money in the Education Stabilization Account, must be appropriated as established by law for each fiscal year of the biennium for the following purposes:
(b)- To82nd eachSession school(2023) district,– charter11 school– or university school for profoundly gifted pupils, an amount of moneymoneyersity determined to be sufficient by the Legislature, when - *AB523* – 11 – combined with any other resources available for this purpose, to provide local funding to support pupils with disabilities.
(1) The statewide base per pupil funding amount for each pupil estimated to be enrolled full-time in a program of distance education provided by the charter school or univers(2) Adjusted base per pupil funding for each pupil estimated to be enrolled in the charter school or university school for profoundly gifted pupils;pupils other than a pupil identified in subparagraph (1).
and (2) Adjusted base per pupil funding for each pupil estimated to be enrolled in the charter school or university school for profoundly gifted pupils other than a pupil identified in subparagraph (1).
The adjusted base per pupil funding appropriated pursuant to paragraph (c) of subsection 2 for each school district must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the school district and the attendance area adjustment established pursuant to NRS 387.1218 which applies to each applicable area of the school district to the statewide base per pupil funding amount.
The adjusted base per pupil funding appropriated pursuant to subparagraph (2) of paragraph (d) of subsection 2 for each charter school or university school for profoundly gifted- pupils82nd mustSession be(2023) determined– by12 applying– the cost adjustment factor established pursuant to NRS 387.1215 which applies to the charter school or university school and, if applicable, the attendance area adjustment established - *AB523* – 12 – pursuant to NRS 387.1218 to the statewide base per pupil funding amount.
A pupil who belongs to more than one category of pupils or for whom a school district, charter school or university school for profoundly gifted pupils is eligible to receive the statewide multiplier pursuant to NRS 387.122 must receive only the weighted funding for the single category to which the pupil belongs which has the largest multiplier or the statewideLegislature multiplier,that, whicheverto the extent practicable:t is larger.the intent of the (a) The multiplier for each category of pupils for any fiscal year be not less than the multiplier for the immediately preceding fiscal year unless:
It is the intent of the Legislature that, to the extent practicable:
(a) The multiplier for each category of pupils for any fiscal year be not less than the multiplier for the immediately preceding fiscal year unless:
or (2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, increases from the preceding fiscal year but in an amount which, after funding the appropriations required by paragraphs (a) to (d), inclusive, of subsection 2, is insufficient to fund the multiplier for each category of pupils, in whichwhichicient event it is the intent of the Legislature that the remaining money in the State Education Fund be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year;
(b) The recommendations of the Commission for the multiplier for each category of pupils be considered and the multiplier for one category of pupils may be changed by an amount that is not proportional to the change in the multiplier for- one82nd orSession more(2023) other– categories13 of– pupils if the Legislature determines that a disproportionate need to serve the pupils in the affected category exists;
and (c) If the multipliers for all categories of pupils in a fiscal year are increased from the multipliers in the immediately - *AB523* – 13 – preceding fiscal year, a proportional increase is considered for the statewide base per pupil funding amount.
(a) The amount of such money for the county from which the money was collected that does not exceed the total amount of money appropriated pursuant to subsection 2 to the county school district is deemed to be the first money appropriated pursuant to subsection 2 for that county school district and the first money spent by that county school district from the county school district fund during the applicableapp(b) fiscalThe year.amount of such money for the county from which the money was collected which exceeds the total amount of money appropriated pursuant to subsection 2 to the county school district must be transferred to the county school district and is hereby authorized for expenditure as a continuing appropriation for the purpose of mitigating the adverse effects of the cyclical nature of the industry of extracting and processing minerals on the ability of the county school district to offer its pupils a reasonably equal educational opportunity.
(b) The amount of such money for the county from which the money was collected which exceeds the total amount of money appropriated pursuant to subsection 2 to the county school district must be transferred to the county school district and is hereby authorized for expenditure as a continuing appropriation for the purpose of mitigating the adverse effects of the cyclical nature of the industry of extracting and processing minerals on the ability of the county school district to offer its pupils a reasonably equal educational opportunity.
(a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the schoolandool district or governing body or to settle any negotiations;
and (b) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
- 82nd Session (2023) – 14 – 3.
H~~~~~ 23 - *AB523*82nd Session (2023)
Show all 82 changed rows (42 more)
View plain text versions (2)
- Enrolled As Enrolled Current pdf
- Introduced As Introduced pdf
Action History
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Chapter 496.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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From printer. To committee.
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Read first time. Referred to Committee on Ways and Means. To printer.
Sponsors
- Assembly Committee on Ways and Means · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Ways and Means
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 523?
- AB 523 is sponsored by Assembly Committee on Ways and Means.
- What is the current status of AB 523?
- This bill has been enacted into law. Introduced May 23, 2023. Enacted.
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- Track AB 523 free on One Click Politics — get push/email alerts when it moves.
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