NRS385.095. Education Gift Fund: Restrictions on use of money in Fund; State Board required to record, review and report certain gifts deposited in Fund; use of form by donor; transmittal of reports to Legislature.

  Except as otherwise provided in NRS 385.091:

      1.  All gifts of money which the State Board is authorized to accept must be deposited in a special revenue fund in the State Treasury designated as the Education Gift Fund and reported pursuant to subsection 4.

      2.  The money available in the Education Gift Fund must be used only for the purpose specified by the donor, within the scope of the State Board’s powers and duties.

      3.  If all or part of the money accepted by the State Board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the Education Gift Fund until needed for the purpose specified by the donor.

      4.  Except as otherwise provided in subsection 5, the State Board shall record each gift of money deposited in the Education Gift Fund pursuant to this section and prepare a report which includes, for each such gift:

      (a) The amount of the gift;

      (b) Except as otherwise provided in subsection 6, the name of the donor of the gift;

      (c) Any instructions provided by the donor concerning the use of the gift; and

      (d) Information concerning any connection between the donor and the State Board or the administration of the system of public education in this State, including, without limitation:

             (1) Any contract between the donor and the State Board;

             (2) Any contract between the donor and the State Public Charter School Authority;

             (3) Any bid by the donor for a contract with the State Board;

             (4) Any bid by the donor for a contract with the State Public Charter School Authority;

             (5) If the donor is a lobbyist as defined in NRS 218H.080, a statement of whether the donor lobbies on issues of interest to the State Board or relating to the system of public education in this State; and

             (6) Any service by the donor on a committee to form a charter school created pursuant to NRS 386.520.

      5.  This section does not apply to any gift of money:

      (a) In an amount less than $100,000, unless the cumulative total by the same donor within a 12-month period is equal to or more than $100,000; or

      (b) That is intended for a public broadcasting service.

      6.  A donor may remain anonymous for purposes of the report prepared pursuant to subsection 4, unless the donor is required to provide information pursuant to paragraph (d) of subsection 4.

      7.  The State Board may submit a form to each donor that requires the donor to provide the information required for inclusion in the report prepared pursuant to subsection 4. If the State Board uses such a form, the State Board may rely upon the information provided by the donor on the form for purposes of the report required of the State Board pursuant to subsection 4 and the State Board is not otherwise required to verify the contents of the information provided by the donor on the form.

      8.  The State Board shall include the report prepared pursuant to subsection 4 on the agenda of the next regular meeting of the State Board held pursuant to NRS 385.040 and review all transactions involving a gift listed on the report that have taken place since the previous meeting of the State Board.

      9.  On or before February 1 of each year, the State Board shall transmit each report prepared pursuant to subsection 4 in the immediately preceding year:

      (a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

      (b) In even-numbered years, to the Legislative Committee on Education.

      (Added to NRS by 1961, 43; A 1979, 618; 1983, 393; 1987, 667; 1991, 279; 2001, 2753; 2013, 1175, 2631)