[Rev. 2/6/2019 2:53:05 PM]
LAWS OF THE STATE OF NEVADA
κ2007 Statutes of Nevada, 23rd Special Session, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
TWENTY-THIRD SPECIAL SESSION OF THE LEGISLATURE
2007
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Senate Bill No. 1Committee of the Whole
CHAPTER 1
AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to issue up to 12 sets of special license plates to certain nonprofit organizations for motor vehicles displayed in certain museums; authorizing the Department to charge a $12 fee for each set of plates; prohibiting the Department from charging or collecting any fees for the transfer of a certificate of title on certain motor vehicles from certain governmental entities to certain nonprofit organizations; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in the Second Reprint of Senate Bill No. 319 of the 74th Session of the Nevada Legislature.
Existing law provides for the issuance by the Department of Motor Vehicles of special license plates to dealers, distributors, manufacturers and rebuilders licensed pursuant to chapter 482 of NRS for use on certain vehicles. (NRS 482.330) This bill authorizes the Department to issue not more than 12 sets of special license plates to any organization that operates a museum which is dedicated to the exhibition and display of motor vehicles and which is operated by an organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c)(3). These plates may be used interchangeably on any of the motor vehicles exhibited or displayed in the museum, and the Department may not charge or collect any registration fees or governmental services tax for the issuance of the special license plates, except for a fee of $12 for each set of plates which must be paid annually.
Section 2 of this bill prohibits the Department from charging or collecting any fees for the transfer of a certificate of title for any motor vehicle owned by the United States, the State of Nevada or any political subdivision of the State to any nonprofit organization which operates a museum for the exhibition or display of motor vehicles.
κ2007 Statutes of Nevada, 23rd Special Session, Page 2 (CHAPTER 1, SB 1)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon application, the Department shall issue not more than 12 sets of special license plates to any organization which operates a museum for the exhibition or display of motor vehicles and which is a nonprofit organization that is recognized as exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
2. Each set of special license plates issued pursuant to this section may be used interchangeably on any of the motor vehicles exhibited or displayed in the museum when such a motor vehicle is operated during a test drive, parade or special event or driven within 70 miles from the museum.
3. Each set of special license plates issued pursuant to this section must have displayed upon them the identification number which is assigned to the nonprofit organization. The Department may assign a different letter or symbol to each set of plates.
4. The Department shall not charge or collect any registration fees or governmental services tax for the issuance of the special license plates pursuant to this section, except that a fee of $12 for each set of plates must be paid at the time of application.
5. The special license plates issued pursuant to this section expire 1 year after the date of issuance and may be renewed upon application and payment of a fee of $12.
Sec. 2. Notwithstanding the provisions of NRS 482.429, for the 1-year period following October 1, 2007, the Department shall not charge or collect any fees for the transfer of a certificate of title for a motor vehicle owned by the United States, the State of Nevada or any political subdivision of the State, including, without limitation, any county, municipal corporation, city, unincorporated town or school district, to any organization which operates a museum for the exhibition or display of motor vehicles and which is a nonprofit organization that is recognized as exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
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κ2007 Statutes of Nevada, 23rd Special Session, Page 3κ
Senate Bill No. 2Committee of the Whole
CHAPTER 2
AN ACT relating to public health; creating the Committee on Co-Occurring Disorders; providing the duties of the Committee; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in the First Reprint of Senate Bill No. 326 of the 74th Session of the Nevada Legislature.
This bill creates the Committee on Co-Occurring Disorders, which consists of 14 members appointed by the Governor and 1 ex officio member. The responsibilities of the Committee include: (1) studying and reviewing issues relating to persons with co-occurring disorders, which is the existence of both mental health and substance abuse disorders in the same person; (2) developing recommendations for improving the treatment provided to such persons; and (3) submitting a biennial report and recommendations for necessary legislation to the Director of the Legislative Counsel Bureau for distribution to the Legislature.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 2, 3 and 4 of this act, unless the context otherwise requires, co-occurring disorders means the existence of both mental health and substance abuse disorders in the same person.
Sec. 3. 1. There is hereby created the Committee on Co-Occurring Disorders. The Committee consists of:
(a) The Administrator of the Division of Mental Health and Developmental Services of the Department, who is an ex officio member of the Committee; and
(b) Fourteen members appointed by the Governor.
2. The Governor shall appoint to the Committee:
(a) One member who is a psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology;
(b) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS who is certified as an addictionologist by the American Society of Addiction Medicine;
(c) One member who is a psychologist licensed to practice in this State;
(d) One member who is licensed as a marriage and family therapist in this State;
(e) One member who is licensed as a clinical social worker in this State;
(f) One member who is a district judge in this State;
(g) One member who is a representative of the Nevada System of Higher Education;
(h) One member who is a representative of a state or local criminal justice agency;
κ2007 Statutes of Nevada, 23rd Special Session, Page 4 (CHAPTER 2, SB 2)κ
(i) One member who is a representative of a hospital or mental health facility in this State;
(j) One member who is a member of the Nevada Mental Health Planning Advisory Council;
(k) One member who is a representative of a program relating to mental health and the treatment of the abuse of alcohol or drugs in this State;
(l) One member who is a policy analyst in the field of mental health, substance abuse or criminal justice;
(m) One member who is a representative of persons who have used services relating to mental health, substance abuse or criminal justice in this State; and
(n) One member who is an immediate family member of a person who has used services relating to mental health, substance abuse or criminal justice in this State.
3. The members of the Committee shall elect a Chairman and Vice Chairman by a majority vote. After the initial election, the Chairman and Vice Chairman shall hold office for a term of 1 year beginning on October 1 of each year. If a vacancy occurs in the chairmanship, the members of the Committee shall elect a Chairman from among its members for the remainder of the unexpired term.
4. After the initial terms, each member of the Committee who is appointed serves for a term of 4 years. A member may be reappointed.
5. A vacancy on the Committee must be filled in the same manner as the original appointment.
6. Each member of the Committee:
(a) Serves without compensation; and
(b) While engaged in the business of the Committee, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. Each member of the Committee who is an officer or employee of the State or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Committee to make up the time he is absent from work to carry out his duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
8. The members of the Committee shall meet at least quarterly and at the times and places specified by a call of the Chairman or a majority of the members of the Committee.
9. Eight members of the Committee constitute a quorum. The affirmative vote of a majority of the Committee members present is sufficient for any action of the Committee.
Sec. 4. The Committee shall:
1. Study and review issues relating to persons with co-occurring disorders.
2. Develop a policy statement confirming the commitment of this State to treatment for persons with co-occurring disorders and the expectations of this State concerning such treatment.
κ2007 Statutes of Nevada, 23rd Special Session, Page 5 (CHAPTER 2, SB 2)κ
3. Review and recommend strategies for improving the treatment provided to persons with co-occurring disorders, including, without limitation, reducing administrative barriers to such treatment and supporting the provision of coordinated and integrated services relating to mental health, substance abuse and criminal justice to persons with co-occurring disorders.
4. Develop recommendations concerning the licensing and certification of treatment programs for persons with co-occurring disorders, including, without limitation, the standards that should be required of such programs to increase their effectiveness.
5. Develop recommendations concerning the creation of incentives for the development of treatment programs for persons with co-occurring disorders.
6. Evaluate the utilization of existing resources in this State for the treatment of persons with co-occurring disorders and develop recommendations concerning innovative funding alternatives to promote and support mental health courts, the prevention of co-occurring disorders and the coordination of integrated services in the mental health, substance abuse and criminal justice systems.
7. Identify and recommend practices and procedures to improve the effectiveness and quality of care provided in both the public and private sector to persons with co-occurring disorders.
8. Examine and develop recommendations concerning training and technical assistance that are available through the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services and other entities to support the development and implementation of a comprehensive system of care for persons with co-occurring disorders.
9. Submit on or before January 31 of each odd-numbered year a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. The report must include, without limitation, a summary of the work of the Committee and recommendations for any necessary legislation concerning issues relating to persons with co-occurring disorders.
Sec. 5. As soon as practicable on or after October 1, 2007, the appointed members of the Committee on Co-Occurring Disorders created by section 3 of this act must be appointed to initial terms as follows:
1. The members who are appointed by the Governor pursuant to paragraphs (a) to (e), inclusive, of subsection 2 of section 3 of this act must be appointed to terms that expire on October 1, 2011;
2. The members who are appointed by the Governor pursuant to paragraphs (f) to (j), inclusive, of subsection 2 of section 3 of this act must be appointed to terms that expire on October 1, 2010; and
3. The members who are appointed by the Governor pursuant to paragraphs (k) to (n), inclusive, of subsection 2 of section 3 of this act must be appointed to terms that expire on October 1, 2009.
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κ2007 Statutes of Nevada, 23rd Special Session, Page 6κ
Senate Bill No. 3Committee of the Whole
CHAPTER 3
AN ACT relating to state financial administration; extending the reversion date of a transfer of room tax proceeds required by the 2005 Legislature for the restoration and preservation of the exterior of the Lear Theater; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in Senate Bill No. 572 of the 74th Session of the Nevada Legislature.
During the 2005 Legislative Session, the Legislature required the Commission on Tourism to transfer a portion of the proceeds of the room tax to the Department of Cultural Affairs for the restoration and preservation of the Lear Theater in Reno. The Legislature provided that the tax proceeds must not be committed for expenditure after June 30, 2007, and must be reverted on or before September 21, 2007. This bill extends the reversion date by 2 years, and adds a final reporting requirement.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 454, Statutes of Nevada 2005, at page 2086, is hereby amended to read as follows:
Section 1. 1. The Commission on Tourism shall, as soon as practicable after July 1, 2005, without depleting the funds necessary for day-to-day operations, transfer $600,000 from the proceeds from the taxes imposed on the revenue from the rental of transient lodging which have been credited to the Fund for the Promotion of Tourism, created by NRS 231.250, to the Department of Cultural Affairs for the restoration and preservation of the exterior of the Lear Theater in Reno, Nevada.
2. The Department of Cultural Affairs shall prepare and transmit [a] :
(a) A report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money that was received by the Department of Cultural Affairs through December 1, 2006 [.] ; and
(b) A final report to the Interim Finance Committee on or before October 1, 2009, that describes each expenditure made from the money allocated pursuant to subsection 1 from the date on which the money was received by the Department of Cultural Affairs through September 18, 2009.
3. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after June 30, [2007,] 2009, and must be reverted to the Fund for the Promotion of Tourism on or before September [21, 2007.] 18, 2009.
Sec. 2. This act becomes effective upon passage and approval.
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κ2007 Statutes of Nevada, 23rd Special Session, Page 7κ
Senate Bill No. 4Committee of the Whole
CHAPTER 4
AN ACT relating to the Legislature; requiring the Legislative Committee on Education and the Legislative Committee on Health Care to consider studying certain issues during the 2007-2009 interim; transferring certain unspent money from a legislative study to Opportunity Village; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in the First Reprint of Assembly Bill No. 484 of the 74th Session of the Nevada Legislature.
The Legislative Committee on Education is a permanent statutory committee of Legislators that meets during the interim between legislative sessions to study various issues relating to education. (NRS 218.5351-218.5355) The Legislative Committee on Health Care is a permanent statutory committee of Legislators that meets during the interim to study various issues related to health care. (NRS 439B.200-439B.240) Sections 1 and 2 of this bill require the Committees, during the 2007-2009 interim, to consider studying certain specified issues.
Section 3 of this bill transfers unspent money from an appropriation for a legislative study to the disbursement account in the State General Fund for the use of Opportunity Village.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislative Committee on Education shall, during the 2007-2009 interim, consider studying:
(a) The quantity and quality of tests that are administered in the public schools in this State. The study must include, without limitation:
(1) A review of the tests that are required by state law, including, without limitation, those tests which are required to comply with federal law;
(2) A review, by school district, of the tests and assessments that are administered district-wide; and
(3) A determination whether any of the tests and assessments may be consolidated in an efficient manner to allow for increased instructional time in the classroom.
(b) Issues relating to truancy, including, without limitation, a review of:
(1) Issues relating to pupils who are truant from school, including, without limitation, measures of prevention, intervention and diversion and the imposition of appropriate discipline.
(2) The effectiveness of existing programs designed to reduce the number of pupils who are truant from school and identify programs throughout the State or in other states that are effective.
(3) Recommendations for a plan to reduce the number of pupils who are truant from school.
(c) Issues relating to the use of long-term substitute teachers, including, without limitation:
(1) The effect of the use of long-term substitutes who are not licensed teachers on the performance of pupils and the effect of the use of student teachers as substitutes pursuant to section 1 of Assembly Bill No.
κ2007 Statutes of Nevada, 23rd Special Session, Page 8 (CHAPTER 4, SB 4)κ
teachers as substitutes pursuant to section 1 of Assembly Bill No. 512 of the 74th Session of the Nevada Legislature on the performance of pupils;
(2) The number of long-term substitutes employed in this State and the number employed by each school district, including, without limitation, the number who are not licensed teachers;
(3) The number of student teachers employed as substitutes pursuant to section 1 of Assembly Bill No. 512 of the 74th Session of the Nevada Legislature and the number employed by each school district;
(4) The average time for which a long-term substitute is assigned to a single class;
(5) Methods to reduce the use of long-term substitutes, including, without limitation, methods to reduce the number of long-term substitutes who are not licensed teachers or not student teachers employed pursuant to section 1 of Assembly Bill No. 512 of the 74th Session of the Nevada Legislature; and
(6) Any other issues relating to long-term substitutes.
(d) The governance of the public schools in this State, including, without limitation, a review of the system of public education for kindergarten through grade 12 to ensure that the structure of governance is organized in a manner which provides for efficient operation and which meets the educational needs of the residents of this State.
2. At the discretion of the Chairman of the Legislative Committee on Education and within limits of legislative appropriations:
(a) A subcommittee of members of the Legislature may be appointed to conduct any of the studies authorized by this section.
(b) The Committee or subcommittee may contract with such experts, researchers and consultants as may be necessary for the Committee or subcommittee to carry out any such study.
3. The Legislative Committee on Education shall submit a report of the results of any study conducted pursuant to subsection 1 and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.
Sec. 2. 1. The Legislative Committee on Health Care shall, during the 2007-2009 interim, consider studying:
(a) The regulation of providers of health care in Nevada, including, without limitation:
(1) A review of the laws of this State relating to the scope of practice authorized for providers of health care; and
(2) A study concerning the operation of the professional licensing boards for providers of health care with respect to barriers to licensing.
(b) The regulation of the use of lasers and intense pulsed light therapy in the performance of medical procedures on patients and the use of injections of cosmetic substances in the performance of procedures on patients. The Committee shall consider conducting a review of the laws and regulations of this State relating to the issues described in this paragraph and a study concerning those issues. In carrying out the provisions of this paragraph, the Committee may consult with a representative of:
(1) The practice of ophthalmology in this State;
(2) The practice of dermatology in this State;
(3) The practice of cosmetic or plastic surgery in this State; and
(4) The medical spa industry in this State.
κ2007 Statutes of Nevada, 23rd Special Session, Page 9 (CHAPTER 4, SB 4)κ
2. At the discretion of the Chairman of the Legislative Committee on Health Care, and within limits of legislative appropriations:
(a) A subcommittee of members of the Legislature may be appointed to conduct any of the studies authorized by this section.
(b) The Committee or subcommittee may contract with such experts, researchers and consultants as may be necessary for the Committee or subcommittee to carry out any such study.
3. The Legislative Committee on Health Care shall submit a report of the results of any study conducted pursuant to subsection 1 and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Legislature.
Sec. 3. Section 39 of chapter 7, Statutes of Nevada 2005, 22nd Special Session, at page 122, is hereby amended to read as follows:
Sec. 39. 1. There is hereby appropriated from the State General Fund to the [Legislative Counsel Bureau] disbursement account created pursuant to section 1 of Senate Bill No. 443 of the 74th Session of the Nevada Legislature the sum of $250,000 for [costs related to hiring a consultant to assist the interim committee appointed by the Legislative Committee to conduct a study to develop a plan for the deconsolidation of the Clark County School District.] the use of Opportunity Village for vocational training, employment and social recreation services for persons with intellectual disabilities in southern Nevada. The appropriation is subject to the same terms and conditions as the appropriation made for the use of Opportunity Village pursuant to section 8 of Senate Bill No. 443 of the 74th Session of the Nevada Legislature.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2007, and must be reverted to the State General Fund on or before September 21, 2007.] 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 4. Section 11 of Assembly Bill No. 485, section 3 of Assembly Bill No. 512 and section 54 of Senate Bill No. 310 of the 74th Session of the Nevada Legislature are hereby repealed.
Sec. 5. This act becomes effective upon passage and approval.
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κ2007 Statutes of Nevada, 23rd Special Session, Page 10κ
Senate Bill No. 5Committee of the Whole
CHAPTER 5
AN ACT relating to education; revising provisions governing eligibility for the receipt of a millennium scholarship; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in the Second Reprint of Assembly Bill No. 434 of the 74th Session of the Nevada Legislature. Existing law creates the Governor Guinn Millennium Scholarship Program and prescribes the criteria for eligibility of a millennium scholarship. (NRS 396.911-396.938) Section 1 of this bill provides an exception from the 2-year residency requirement for students who have a parent or legal guardian on active duty serving in the Armed Forces of the United States. Section 1 further requires the Board of Regents of the University of Nevada to establish a procedure by which an applicant for a millennium scholarship would be required to execute an affidavit declaring his eligibility for a millennium scholarship and his citizenship or immigration status.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.930 is hereby amended to read as follows:
396.930 1. Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a millennium scholarship if he:
(a) Has been a resident of this State for at least 2 years before he applies for the scholarship;
(b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:
(1) After May 1, 2000, but not later than May 1, 2003; or
(2) After May 1, 2003, and, except as otherwise provided in paragraph (c) of subsection 2, not more than 6 years before he applies for the scholarship;
(c) Does not satisfy the requirements of paragraph (b) and:
(1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;
(2) Received his high school diploma within 4 years after he was regularly scheduled to graduate; and
(3) Applies for the scholarship not more than 6 years after he was regularly scheduled to graduate from high school;
(d) Maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:
(1) A 3.00 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2003 or 2004;
(2) A 3.10 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2005 or 2006; or
κ2007 Statutes of Nevada, 23rd Special Session, Page 11 (CHAPTER 5, SB 5)κ
(3) A 3.25 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2007 or a later graduating class; and
(e) Is enrolled in at least:
(1) Six semester credit hours in a community college within the System; or
(2) Twelve semester credit hours in another eligible institution.
2. The Board of Regents:
(a) Shall define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.
(b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.
(c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.
(d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:
(1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.
(2) The minimum number of credits prescribed in paragraph (e) of subsection 1.
(e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 3.
3. Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who , except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
Κ to be eligible for millennium scholarships.
4. In awarding scholarships, the Board of Regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or
(c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.
5. The Board of Regents shall establish a procedure by which an applicant for a millennium scholarship is required to execute an affidavit declaring his eligibility for a millennium scholarship pursuant to the requirements of this section.
κ2007 Statutes of Nevada, 23rd Special Session, Page 12 (CHAPTER 5, SB 5)κ
requirements of this section. The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant has filed an application to legalize his immigration status or will file an application to legalize his immigration status as soon as he is eligible to do so.
Sec. 2. This act becomes effective on July 1, 2008.
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Assembly Bill No. 4Committee of the Whole
CHAPTER 6
AN ACT relating to the judiciary; making a technical correction to a legislative measure concerning district judges; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
This bill amends Assembly Bill No. 246 of the 74th Session of the Nevada Legislature, which increases the number of judges in the Second and Eighth Judicial Districts, to conform the text of the bill to the amendment.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.7 of the Assembly Bill No. 246 of the 74th Session of the Nevada Legislature is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
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κ2007 Statutes of Nevada, 23rd Special Session, Page 13κ
Senate Bill No. 6Committee of the Whole
CHAPTER 7
AN ACT relating to state financial administration; authorizing the additional use of previously appropriated money for courthouse security; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
This bill authorizes the use of money previously appropriated pursuant to section 37 of Assembly Bill No. 628 of the 74th Session of the Nevada Legislature for courthouse security.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 37 of Assembly Bill No. 628 of the 74th Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 37. 1. There is hereby appropriated from the State General Fund the sum of $2,682,976 in Fiscal Year 2007-2008 and $3,661,516 in Fiscal Year 2008-2009 to the Interim Finance Committee. The appropriation pursuant to this section can be allocated by the Interim Finance Committee upon approval by the State Board of Examiners for:
(a) Costs associated with inmate housing expenses and the proportional increase in inmate driven expenditures that are incurred if the actual inmate population is greater than the projections used for the legislatively approved budgets for the Department of Corrections;
(b) Costs for additional staffing and support costs for the Division of Parole and Probation of the Department of Public Safety incurred for the supervision of probation and parole caseload that is greater than the projections used for the legislatively approved budget ; [.]
(c) Costs incurred by counties for courthouse security; and
(d) Costs incurred by the State Board of Parole Commissioners for conducting inmate hearings that are greater than legislatively approved or to ensure hearings are conducted in a timely manner.
2. Any portion of the appropriation pursuant to this section that is not needed to meet expenditures incurred as set forth in paragraphs (a), (b) , [and] (c) and (d) of subsection 1, as determined jointly by the Fiscal Analysis Division of the Legislative Counsel Bureau and the Department of Administration, can be used for programming activities for offenders , including mental health and substance abuse treatment for offenders in the custody of the Department of Corrections, under the supervision of the Division of Parole and Probation, or programs provided by specialty courts designed to divert or mitigate circumstances which otherwise would lead to incarceration of an individual.
3. The sums appropriated in subsection 1 are available for either fiscal year. Any remaining balance of the appropriation made by subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2009.
κ2007 Statutes of Nevada, 23rd Special Session, Page 14 (CHAPTER 7, SB 6)κ
after June 30, 2009. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining cannot be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 1Committee of the Whole
CHAPTER 8
AN ACT relating to education; revising the requirements for the biennial budgetary request for the State Distributive School Account; creating the Grant Fund for Incentives for Licensed Educational Personnel; repealing the provision requiring the purchase of retirement service for certain teachers and school psychologists; providing for the transfer of certain money to the Grant Fund; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions of the Fourth Reprint of Assembly Bill No. 565 of the 74th Session of the Nevada Legislature.
Existing law requires the board of trustees of each school district to submit to the Superintendent of Public Instruction and to the Department of Taxation a written report of the annual budget of the school district. The Superintendent of Public Instruction is required to compile the reports of the annual budgets and submit the written compilation to the Department of Administration and to the Fiscal Analysis Division of the Legislative Counsel Bureau. (NRS 387.303) Section 1 of this bill revises provisions governing the inclusion of certain information in the biennial budget request for the State Distributive School Account for submission to the Department of Administration based upon the annual budgets submitted by the school districts.
Section 2 of this bill creates the Grant Fund for Incentives for Licensed Educational Personnel and requires the board of trustees of each school district to establish a program of incentive pay for certain employees of the school district.
Under existing law, the board of trustees of a school district is required to purchase one-fifth of a year of retirement service for certain teachers and school psychologists. (NRS 391.165) Section 4 of this bill repeals that section of NRS. Section 5 of this bill authorizes teachers and school psychologists who are currently receiving the retirement service to elect to continue in that program for a certain period. Section 6 of this bill provides that certain money specifically designated by the Legislature from the State Distributive School Account for the 2007-2009 biennium to assist the school districts with the purchase of retirement service must be transferred to the Grant Fund for Incentives for Licensed Educational Personnel.
κ2007 Statutes of Nevada, 23rd Special Session, Page 15 (CHAPTER 8, AB 1)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 10 of each year, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:
(a) For each fund within the school district, including, without limitation, the school districts general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school districts final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.
(c) The school districts actual expenditures in the fiscal year immediately preceding the report.
(d) The school districts proposed expenditures for the current fiscal year.
(e) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.
(f) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.
(g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
(j) The expenditures from the account created pursuant to subsection 3 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.
κ2007 Statutes of Nevada, 23rd Special Session, Page 16 (CHAPTER 8, AB 1)κ
district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.
2. On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. In preparing the agency biennial budget request for the State Distributive School Account for submission to the Department of Administration, the Superintendent of Public Instruction:
(a) Shall compile the information from the most recent compilation of reports submitted pursuant to subsection 2;
(b) May increase the line items of expenditure or revenue based on merit salary increases and cost of living adjustments or inflation, as deemed credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;
(c) May adjust expenditures and revenues pursuant to paragraph (b) for any year remaining before the biennium for which the budget is being prepared and for the 2 years of the biennium covered by the biennial budget request to project the cost of expenditures or the receipt of revenues for the specific line items;
(d) May consider the cost of enhancements to existing programs or the projected cost of proposed new educational programs, regardless of whether those enhancements or new programs are included in the per pupil basic support guarantee for inclusion in the biennial budget request to the Department of Administration; and
(e) Shall obtain approval from the State Board for any inflationary increase, enhancement to an existing program or addition of a new program included in the agency biennial budget request.
4. The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues [and expenditures] of the school districts with the apportionment received by those districts from the State Distributive School Account for the preceding year.
5. The request prepared pursuant to subsection 3 must:
(a) Be presented by the Superintendent of Public Instruction to such standing committees of the Legislature as requested by the standing committees for the purpose of developing educational programs and providing appropriations for those programs; and
(b) Provide for a direct comparison of appropriations to the proposed budget of the Governor submitted pursuant to subsection 4 of NRS 353.230.
Sec. 2. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created a Grant Fund for Incentives for Licensed Educational Personnel to be administered by the Department. The Department may accept gifts and grants from any source for deposit in the Grant Fund.
2. The board of trustees of each school district shall establish a program of incentive pay for licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level which must be designed to attract and retain those employees.
κ2007 Statutes of Nevada, 23rd Special Session, Page 17 (CHAPTER 8, AB 1)κ
The program must be negotiated pursuant to chapter 288 of NRS and must include, without limitation, the attraction and retention of:
(a) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in this State or another state and who are employed in schools which are at-risk, as determined by the Department pursuant to subsection 8; and
(b) Teachers who hold an endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the Superintendent of Public Instruction.
3. A program of incentive pay established by a school district must specify the type of financial incentives offered to the licensed educational personnel. Money available for the program must not be used to negotiate the salaries of individual employees who participate in the program.
4. If the board of trustees of a school district wishes to receive a grant of money from the Grant Fund, the board of trustees shall submit to the Department an application on a form prescribed by the Department. The application must include a description of the program of incentive pay established by the school district.
5. The Superintendent of Public Instruction shall compile a list of the financial incentives recommended by each school district that submitted an application. On or before December 1 of each year, the Superintendent shall submit the list to the Interim Finance Committee for its approval of the recommended incentives.
6. After approval of the list of incentives by the Interim Finance Committee pursuant to subsection 5 and within the limits of money available in the Grant Fund, the Department shall provide grants of money to each school district that submits an application pursuant to subsection 4 based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program submitted to the Department, the amount of money available must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district that submitted an application.
7. An individual employee may not receive as a financial incentive pursuant to the program an amount of money that is more than $3,500 per year.
8. The Department of Education shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1 of each year and include, without limitation, the following factors:
(a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;
(b) The transiency rate of pupils;
(c) The percentage of pupils who are limited English proficient;
(d) The percentage of pupils who have individualized education programs;
κ2007 Statutes of Nevada, 23rd Special Session, Page 18 (CHAPTER 8, AB 1)κ
(e) The percentage of pupils who score in the bottom two quarters on the mathematics portion or the reading portion, or both, of the high school proficiency examination; and
(f) The percentage of pupils who drop out of high school before graduation.
9. The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2. On or before December 1 of each year, the board of trustees shall submit a report of its evaluation to the:
(a) Governor;
(b) State Board;
(c) Interim Finance Committee;
(d) If the report is submitted in an even-numbered year, Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and
(e) Legislative Committee on Education.
Sec. 3. NRS 286.3005 is hereby amended to read as follows:
286.3005 A state agency may purchase credit for service on behalf of a member only as provided in NRS 286.3007. Except as otherwise required as a result of NRS 286.537 , [or 391.165,] any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless the cost of purchasing credit has been paid.
Sec. 4. NRS 391.165 is hereby repealed.
Sec. 5. 1. If a teacher or school psychologist entered into a contract or other agreement of employment with a school district before July 1, 2007, the board of trustees of the school district shall purchase one-fifth of a year of service for that employee pursuant to subsection 2 of NRS 286.300 if the employee qualified under the provisions of NRS 391.165. On or before August 1, 2007, the board of trustees of each school district shall notify each such employee that he may elect to participate in the program of incentive pay for licensed educational personnel established pursuant to section 2 of this act if he otherwise qualifies for participation in the program in lieu of the purchase of retirement service on behalf of the employee pursuant to NRS 391.165.
2. On or before October 1, 2007, each employee who was given notice pursuant to subsection 1 shall notify the school district whether he will participate in the program of incentive pay for licensed educational personnel in lieu of the purchase of retirement service on behalf of the employee pursuant to NRS 391.165, as that section existed on June 30, 2007.
3. If an employee elects to continue to receive the one-fifth of a year of service, the employees participation in that program ceases when the employee has received, after his election, one full year of retirement service credit pursuant to that program. An employees election to continue to receive the one-fifth of a year of service does not preclude the employee from participating in the program of incentive pay for licensed educational personnel established pursuant to section 2 of this act by the school district which employs him:
κ2007 Statutes of Nevada, 23rd Special Session, Page 19 (CHAPTER 8, AB 1)κ
(a) After the employees participation in the purchase of the retirement service credit program ceases; and
(b) If the employee is otherwise eligible to participate in the program established by the school district pursuant to section 2 of this act.
Sec. 6. Notwithstanding any other provision of law to the contrary, the money that is specifically designated for expenditure from the State Distributive School Account by the Legislature for the 2007-2009 biennium pursuant to section 14 of Assembly Bill No. 627 of the 74th Session of the Nevada Legislature to assist school districts with the purchase of service on behalf of employees of the school district pursuant to NRS 391.165, as that section existed on June 30, 2007, must be transferred to the Grant Fund for Incentives for Licensed Educational Personnel created by section 2 of this act.
Sec. 7. This act becomes effective on July 1, 2007.
________
Assembly Bill No. 2Committee of the Whole
CHAPTER 9
AN ACT making appropriations relating to education; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in the Second Reprint of Assembly Bill No. 553 of the 74th Session of the Nevada Legislature.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $800,000 for gifted and talented programs. After the allocation pursuant to subsection 2, the Department shall allocate the money based upon the number of pupils enrolled in each school district. The money must be used by a school district for gifted and talented programs that directly impact gifted and talented pupils.
2. Of the amount appropriated by subsection 1, the Department of Education shall use $55,293 in Fiscal Year 2007-2008 and $74,535 in Fiscal Year 2008-2009 for a parent involvement coordinator position in the Department of Education.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
κ2007 Statutes of Nevada, 23rd Special Session, Page 20 (CHAPTER 9, AB 2)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Department of Education for pilot programs for alternative programs of education for disruptive pupils established pursuant to this section the sum of $915,000.
2. The Superintendent of Public Instruction shall prescribe:
(a) The form for an application to establish a pilot program for an alternative program of education for disruptive pupils; and
(b) Criteria for the selection of schools to establish such a pilot program.
3. A public school in this State may submit an application to the Department to establish a pilot program pursuant to this section. Such an application must include an estimate of the costs of establishing a program. If a school is selected to establish a pilot program, the school will receive a grant of money from the appropriation made by subsection 1 to carry out a program in an amount based upon the estimated costs of establishing the program.
4. A pilot program established pursuant to this section must:
(a) Comply with NRS 392.4642 to 392.4648, inclusive;
(b) Be provided in a setting outside the regular classroom of the pupil;
(c) Ensure that pupils who are participating in the program are separated from pupils who are not participating in the program;
(d) Provide supervision of and counseling to pupils who participate in the program;
(e) Provide and emphasize instruction in English language arts, mathematics, science and history, as appropriate to the grade level of the pupils participating in the program;
(f) Provide and emphasize training in self-discipline;
(g) Provide for a transitional stage between in-school or in-home suspension and regular school activities; and
(h) Include an evaluation phase based on the collection of data to measure the effectiveness of the program.
5. A pilot program established pursuant to this section may:
(a) Be located on the grounds of the school or at another location.
(b) Include programs that:
(1) Use innovative instructional, counseling or disciplinary concepts.
(2) Encourage the effective involvement of the parents and legal guardians of pupils who are participating in the program.
(c) Provide instructional and other services to pupils through the existing staff at a public school or from other personnel, or any combination thereof.
6. On or before October 1, 2008, the schools that establish a pilot program pursuant to this section shall submit a report to the Department for the period ending September 1, 2008, that includes:
(a) The manner in which the pilot program was carried out;
(b) The number of pupils who participated in the program;
(c) The expenditures made by the school for the program;
(d) The number of disciplinary referrals, suspensions and expulsions that occurred at the school before and after the establishment of the program; and
(e) An analysis of the academic achievement and performance of the pupils before and after the pupils participated in the program.
κ2007 Statutes of Nevada, 23rd Special Session, Page 21 (CHAPTER 9, AB 2)κ
7. The Department shall evaluate the effectiveness of the pilot programs established pursuant to this section based on the reports submitted by the schools pursuant to subsection 6. In addition, the Department shall solicit and analyze data from schools that did not establish pilot programs pursuant to this section but have established alternative programs of education for disruptive pupils. The Department may spend not more than $10,000 of the amount appropriated by subsection 1 during the Fiscal Years 2007-2009 to hire a contractor to assist with the evaluation.
8. On or before December 1, 2008, the Department shall submit a report of its findings to the Legislative Committee on Education.
9. On or before February 1, 2009, the Department shall submit a final report of its findings to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.
10. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $100,000 for distribution to school districts that establish pilot programs in accordance with this section. The Department shall:
(a) Prescribe the form for an application to establish a pilot program to teach the English language to children who have limited proficiency in the English language during the summer before they attend kindergarten;
(b) Prescribe the criteria for the selection of school districts to establish a pilot program; and
(c) Develop a uniform method for evaluation of the pilot programs that provides a longitudinal analysis of statistical data.
2. A school district that wishes to establish a pilot program to teach the English language to children who have limited proficiency in the English language during the summer before they attend kindergarten shall:
(a) On or before October 1, 2007, submit to the Department of Education an application on the form provided by the Department pursuant to subsection 1;
(b) Submit proof to the Department that the school district has obtained matching money from a private source to combine with the money provided by the Department; and
(c) Agree to participate in the longitudinal evaluation of the pilot programs developed by the Department pursuant to subsection 1.
3. An application submitted pursuant to subsection 2 must contain a plan for a pilot program. Such a plan must:
(a) Contain an estimate of the number of children who will be enrolled in the program.
(b) Set forth the manner in which the children will be screened for participation in the pilot program. For each student that will participate in the pilot program, all prekindergarten children who are determined to have limited proficiency in the English language, who speak a common language and who will be enrolled in kindergarten at the school in the fall of 2008, must be enrolled in the same class for the pilot program, unless fewer than 10 such children speak a common language.
κ2007 Statutes of Nevada, 23rd Special Session, Page 22 (CHAPTER 9, AB 2)κ
and who will be enrolled in kindergarten at the school in the fall of 2008, must be enrolled in the same class for the pilot program, unless fewer than 10 such children speak a common language.
(c) Ensure that each class taught in the pilot program includes at least one teacher and one paraprofessional, at least one of whom must speak, read and write both the English language and the primary language of the children enrolled in the class.
4. The Department of Education shall not approve an application submitted pursuant to subsection 2 if the applicant has not received matching money from a private source.
5. On or before December 1, 2007, the Department of Education shall make grants of money from the appropriation made by subsection 1 as follows:
(a) If the Department approves an application submitted by the Clark County School District, up to $70,000 to the School District to carry out the pilot program before the beginning of the 2008-2009 school year.
(b) If the Department approves an application submitted by the Washoe County School District, up to $30,000 to the School District to carry out the pilot program before the beginning of the 2008-2009 school year.
(c) If the Department approves applications submitted by school districts other than the Clark County School District and the Washoe County School District, the Department shall distribute the amount of money remaining after the distributions to the Clark County School District and the Washoe County School District, if any, to those school districts. The grants of money made to each school district pursuant to this paragraph must be distributed proportionately among the school districts based upon the number of children who are estimated to participate in the pilot program in each school district. A school district that receives a grant of money pursuant to this paragraph shall use the money to carry out the approved pilot program before the beginning of the 2008-2009 school year.
6. For each school district whose application is approved, the school district shall distribute $1,000 to each school that will participate in the pilot program to promote parental involvement with the parents and legal guardians of children enrolled in the program. The money may be used by a school, without limitation, for the purchase of translating materials for the parents and guardians and providing training to the staff and parents and guardians on effective methods to communicate with school personnel and other methods designed to promote effective involvement by parents and guardians in the education of their children.
7. A school district that establishes a pilot program:
(a) Is responsible for all costs associated with the building, maintenance, utilities, administration and supplies for the pilot program offered at a school within the district.
(b) Shall submit an evaluation of the pilot program on or before November 1, 2008, to the Department of Education in a format required by the Department.
8. On or before February 2, 2009, the Department of Education shall submit a report to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature. The report must include, without limitation:
(a) The name of each school district that received a grant of money pursuant to subsection 5 and the amount of each grant;
κ2007 Statutes of Nevada, 23rd Special Session, Page 23 (CHAPTER 9, AB 2)κ
(b) A compilation of the evaluations submitted by each school district that established a pilot program;
(c) An evaluation of the pilot programs, including, without limitation, the effect of the programs on the achievement and proficiency in the English language of the children enrolled in the program; and
(d) Any recommendations for legislation relating to the pilot programs.
9. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Communities in Schools of Southern Nevada, Inc., the sum of $709,000 to coordinate the provision of student and family services to youth in Clark County.
2. Upon acceptance of the money appropriated by subsection 1, the Communities in Schools of Southern Nevada shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Communities in Schools of Southern Nevada through December 1, 2008;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Communities in Schools of Southern Nevada through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Communities in Schools of Southern Nevada, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 5. 1. There is hereby appropriated from the State General Fund to the Greater Las Vegas After-School All-Stars the sum of $709,000 for the implementation and operation of after-school programs in certain at-risk schools within the Clark County School District.
κ2007 Statutes of Nevada, 23rd Special Session, Page 24 (CHAPTER 9, AB 2)κ
2. The Greater Las Vegas After-School All-Stars shall work in cooperation with the Clark County School District to identify the at-risk schools within the School District in which the after-school programs will be provided.
3. The Greater Las Vegas After-School All-Stars shall use the money appropriated by subsection 1 to implement and operate an after-school program at each school identified pursuant to subsection 2, including, without limitation:
(a) Personnel for the program;
(b) Equipment and supplies for the program, including, without limitation, educational and instructional materials and sports equipment;
(c) Incentives for children who participate in the program, including, without limitation, shirts and medals;
(d) Transportation for educational field trips; and
(e) The provision of healthy snacks for children who participate in the program.
4. Upon acceptance of the money appropriated by subsection 1, the Greater Las Vegas After-School All-Stars shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Greater Las Vegas After-School All-Stars through December 1, 2008;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Greater Las Vegas After-School All-Stars through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Greater Las Vegas After-School All-Stars, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
5. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 6. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $709,000 for allocation to Save the Children for in-school and after-school literacy programs.
2. Upon acceptance of the money appropriated by subsection 1 and allocated by the Department, Save the Children shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Save the Children through December 1, 2008;
κ2007 Statutes of Nevada, 23rd Special Session, Page 25 (CHAPTER 9, AB 2)κ
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Save the Children through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Save the Children, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 7. 1. There is hereby appropriated from the State General Fund to the Department of Education to provide signing bonuses to teachers of students who are deaf or hard of hearing who are newly hired by school districts:
For the Fiscal Year 2007-2008......................................................... $5,000
For the Fiscal Year 2008-2009......................................................... $5,000
2. A newly hired teacher of students who are deaf or hard of hearing may not receive a signing bonus pursuant to this section until he has taught for a school district in this State for at least 30 days. A teacher of students who are deaf or hard of hearing may receive this bonus in addition to any other bonuses available for newly hired teachers. A teacher of students who are deaf or hard of hearing who teaches for a school district in this State before July 1, 2007, and who subsequently transfers to another school district in this State is not eligible to receive a signing bonus pursuant to this section.
3. A school district that wishes to provide signing bonuses to its newly hired teachers of students who are deaf or hard of hearing shall submit information to the Department of Education, in a format prescribed by the Department, concerning the number of newly hired teachers of students who are deaf or hard of hearing for each fiscal year.
4. The Department of Education shall use the money appropriated by subsection 1 to provide signing bonuses to newly hired teachers of students who are deaf or hard of hearing for each fiscal year. The Department shall analyze the total number of newly hired teachers of students who are deaf or hard of hearing submitted by school districts pursuant to subsection 3 and determine the total amount of each signing bonus for each fiscal year. The amount of a bonus paid to each teacher must not exceed $1,000.
5. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2008, and September 18, 2009, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2008, and September 18, 2009, respectively.
κ2007 Statutes of Nevada, 23rd Special Session, Page 26 (CHAPTER 9, AB 2)κ
entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2008, and September 18, 2009, respectively.
Sec. 8. 1. There is hereby appropriated from the State General Fund to the Department of Education for distribution to school districts for training stipends to teachers of students who are deaf or hard of hearing and interpreters for students who are deaf or hard of hearing who are engaged in college or university course work in the education of students who are deaf or hard of hearing:
For the Fiscal Year 2007-2008....................................................... $37,500
For the Fiscal Year 2008-2009....................................................... $37,500
2. A school district that wishes to provide training stipends to teachers of and interpreters for students who are deaf or hard of hearing shall submit information to the Department of Education, in a format prescribed by the Department, concerning the number of teachers of or interpreters for students who are deaf or hard of hearing who are engaged in college or university course work in the education of students who are deaf or hard of hearing for each fiscal year.
3. The Department of Education shall use the money appropriated by subsection 1 to pay training stipends to teachers of or interpreters for students who are deaf or hard of hearing. The Department shall analyze the total number of teachers of or interpreters for students who are deaf or hard of hearing submitted by school districts pursuant to subsection 2 and determine the total number and amount of training stipends to be awarded each fiscal year. The amount of a stipend paid to each teacher or interpreter must not exceed $500. The number of teachers who receive stipends pursuant to this section must not exceed 50 for each fiscal year. The number of interpreters who receive stipends pursuant to this section must not exceed 25 for each fiscal year.
4. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2008, and September 18, 2009, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2008, and September 18, 2009, respectively.
Sec. 9. 1. There is hereby appropriated from the State General Fund to the Intel International Science and Engineering Fair to be held May 8 through 15, 2009, in Reno, the sum of $200,000.
2. Upon acceptance of the money appropriated by subsection 1, the Intel International Science and Engineering Fair shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Fair through December 1, 2008;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Fair through June 30, 2009; and
κ2007 Statutes of Nevada, 23rd Special Session, Page 27 (CHAPTER 9, AB 2)κ
the money appropriated by subsection 1 from the date on which the money was received by the Fair through June 30, 2009; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Fair regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 10. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $273,000 for distribution to school districts to establish a pilot program in accordance with this section.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
3. The Department of Education shall:
(a) Prescribe the form for an application to develop a magnet or regional elementary school pilot program for students who are deaf or hard of hearing;
(b) Prescribe the criteria for selection of a partnership between one or more school districts that do not offer magnet or regional programs at the elementary level for students who are deaf or hard of hearing and a Deaf Studies program at an institution of the Nevada System of Higher Education to establish a pilot program; and
(c) Develop a uniform method for evaluation of the pilot program that provides a longitudinal analysis of statistical data.
4. A partnership between one or more school districts and the Deaf Studies program at an institution of the Nevada System of Higher Education that wishes to establish a pilot program pursuant to this section shall:
(a) On or before October 1, 2007, submit to the Department of Education an application on the form prescribed by the Department pursuant to subsection 3; and
(b) Agree to participate in the longitudinal evaluation of the pilot program developed by the Department pursuant to subsection 3.
5. An application submitted pursuant to subsection 2 must contain a plan for a pilot program. Such a plan must:
(a) Contain a budget for the 2007-2008 school year that expends not more than $5,000 of the money appropriated by this section to be used for the planning of the program and the surveying of parents and guardians of elementary age children who are deaf or hard of hearing to determine interest in a regional or magnet program.
κ2007 Statutes of Nevada, 23rd Special Session, Page 28 (CHAPTER 9, AB 2)κ
the planning of the program and the surveying of parents and guardians of elementary age children who are deaf or hard of hearing to determine interest in a regional or magnet program.
(b) Contain a budget for the 2008-2009 school year with estimated costs for the transportation of students and estimated costs for additional school district personnel to implement the program, limited to not more than one teacher, two interpreters or aides and one speech pathologist.
(c) Set forth a plan for identifying the school to host the magnet or regional program and for transporting elementary school students who are deaf or hard of hearing to the host school.
(d) Set forth a plan for utilizing faculty and student assistance and any other resources available from the affiliated Deaf Studies program at an institution of the Nevada System of Higher Education.
6. If the Department of Education approves an application submitted by a partnership pursuant to subsections 4 and 5 to establish a pilot program, the Department shall provide to the partnership on or before December 1, 2007, a grant from the money appropriated by this section for the implementation of that program based on the budgets submitted pursuant to subsection 5.
7. The school districts participating in a pilot program pursuant to this section:
(a) Are responsible for all costs associated with the building, maintenance, utilities, administration and supplies for this pilot program.
(b) Shall submit an evaluation of the pilot program on or before November 1, 2008, to the Department of Education in a format required by the Department.
8. On or before February 1, 2009, the Department of Education shall submit a report to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature. The report must include, without limitation:
(a) An evaluation of the pilot program, including, without limitation, the effect of the program on the academic achievement of the pupils enrolled in the program; and
(b) Any recommendations for legislation relating to the pilot program.
Sec. 11. This act becomes effective on July 1, 2007.
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κ2007 Statutes of Nevada, 23rd Special Session, Page 29κ
Assembly Bill No. 3Committee of the Whole
CHAPTER 10
AN ACT relating to education; making an appropriation for school districts that adopt pilot programs of performance pay and enhanced compensation for the recruitment and retention of licensed teachers; making an appropriation to continue certain contractual services of a consultant; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in the Second Reprint of Assembly Bill No. 280 of the 74th Session of the Nevada Legislature, except for a revision to clarify that the pilot programs of performance pay for teachers must focus on pupil achievement.
Section 2 of this bill appropriates money to provide for pilot programs of performance pay and enhanced compensation for the recruitment and retention of licensed teachers.
Section 3 of this bill appropriates money to continue the contractual services of a consultant to provide for the reporting of test scores of pupils and other educational services.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Education for pilot programs of performance pay and enhanced compensation for the recruitment and retention of licensed teachers:
For the Fiscal Year 2007-2008................................................. $5,000,000
For the Fiscal Year 2008-2009................................................. $5,000,000
2. The Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District shall, and the board of trustees of a school district in a county whose population is less than 100,000 may, submit an application to the Department of Education that sets forth a pilot program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers adopted by the school district and negotiated pursuant to chapter 288 of NRS. In addition, each school district that submits an application shall submit a copy of its application to the Legislative Bureau of Educational Accountability and Program Evaluation. The Department shall present a summary of the applications to the Legislative Committee on Education. Each application must be submitted on or before March 1, 2008, and must specify the exact manner in which the money will be used for the pilot program.
3. The pilot program developed by each school district that submits an application must have as its primary focus the improvement in the academic achievement of pupils and must give appropriate consideration to implementation in at-risk schools. In addition, the pilot program may include, without limitation, the following components:
(a) Career leadership advancement options to maximize the retention of teachers in the classroom;
κ2007 Statutes of Nevada, 23rd Special Session, Page 30 (CHAPTER 10, AB 3)κ
(b) Professional development;
(c) Group incentives; and
(d) Multiple assessments of individual teachers, with primary emphasis on individual pupil improvement and growth in academic achievement, including, without limitation, portfolios of instruction, leadership and professional growth, and other appropriate measures of teacher performance must be considered.
4. Each pilot program must be developed in consultation with an advisory board established by the school district which consists of, without limitation:
(a) Representatives of businesses;
(b) Parents of pupils enrolled in the school district;
(c) Licensed educational personnel; and
(d) Other persons and representatives as the board of trustees determines appropriate.
Κ The total number of licensed educational personnel on the advisory board must not exceed the total number of other members on the advisory board.
5. The Department of Education shall distribute the money appropriated by subsection 1 among the school districts whose applications are approved pro rata based upon the number of pupils enrolled in each school district. The amount of compensation that an individual teacher may receive from the grant received by a school district must not exceed $3,000 per year.
6. The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the pilot program for which the grant of money was awarded. The evaluation must include, without limitation:
(a) An evaluation of whether the pilot program is effective in recruiting and retaining qualified teachers;
(b) The number of licensed teachers who participated in the pilot program;
(c) The grade level of the schools that participated in the pilot program;
(d) The subject areas taught by the teachers who participated, if applicable;
(e) The level of experience of the teachers who participated;
(f) The goals and outcomes of the pilot program based upon the components of the pilot program; and
(g) Any recommendations for consideration by the 75th Session of the Nevada Legislature.
7. On or before January 1, 2009, the board of trustees of each school district shall submit a report of its evaluation and any recommendations to the:
(a) Legislative Committee on Education;
(b) Department of Education; and
(c) Legislative Bureau of Educational Accountability and Program Evaluation.
8. The Department of Education shall compile the reports of the evaluations and submit a written summary of the compilation to the Director of the Legislative Counsel Bureau for transmittal to the 75th Session of the Nevada Legislature.
9. The Department of Education shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section.
κ2007 Statutes of Nevada, 23rd Special Session, Page 31 (CHAPTER 10, AB 3)κ
formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1, 2007, and include, without limitation, the following factors:
(a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;
(b) The transiency rate of pupils;
(c) The percentage of pupils who are limited English proficient;
(d) The percentage of pupils who have individualized education programs;
(e) The percentage of pupils who score in the bottom two quarters on the mathematics portion or the reading portion, or both, of the high school proficiency examination; and
(f) The percentage of pupils who drop out of high school before graduation.
10. The sums appropriated by subsection 1 must not be used to negotiate the salaries of teachers who participate in the program.
11. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee:
For the Fiscal Year 2007-2008..................................................... $475,000
For the Fiscal Year 2008-2009..................................................... $475,000
2. The Interim Finance Committee shall use the money appropriated by subsection 1 to continue the contractual services of a consultant to provide for the reporting of test scores of pupils to parents and to provide web-based data to improve the performance of pupils on statewide examinations, and to provide related services identified by the Interim Finance Committee.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 3. This act becomes effective on July 1, 2007.
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κ2007 Statutes of Nevada, 23rd Special Session, Page 32κ
Assembly Bill No. 5Committee of the Whole
CHAPTER 11
AN ACT making an appropriation to the State Department of Conservation and Natural Resources for the development and implementation of stream habitat restoration efforts throughout Nevada; and providing other matters properly relating thereto.
[Approved: June 13, 2007]
Legislative Counsels Digest:
The provisions of this bill are identical to the provisions in Assembly Bill No. 274 of the 74th Session of the Nevada Legislature except that this bill reduces the amount of the appropriation from $10,000,000 to $5,000,000.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources the sum of $5,000,000 for the development and implementation of stream habitat restoration efforts throughout Nevada.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.
Sec. 3. This act becomes effective upon passage and approval.
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