LAWS OF THE STATE OF NEVADA

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ê2008 Statutes of Nevada, 24th Special Session, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

TWENTY-FOURTH SPECIAL SESSION OF THE LEGISLATURE

2008

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CHAPTER 1, AB 1

Assembly Bill No. 1–Committee of the Whole

 

CHAPTER 1

 

AN ACT relating to state financial administration; repealing a prospective appropriation from the State General Fund to the Interim Finance Committee; and providing other matters properly relating thereto.

 

[Approved: June 30, 2008]

 

Legislative Counsel’s Digest:

      Existing law provides for the appropriation on July 1, 2008, of $36,000,000 from the State General Fund to the Interim Finance Committee for certain contingencies. (Section 1 of chapter 375, Statutes of Nevada 2007, p. 1739) Section 1 of this bill repeals that provision.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Sections 1 and 2 of chapter 375, Statutes of Nevada 2007, at pages 1739 and 1740, respectively, are hereby repealed.

      Sec. 2.  This act becomes effective on June 30, 2008.

 

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ê2008 Statutes of Nevada, 24th Special Session, Page 2ê

 

CHAPTER 2, AB 3

Assembly Bill No. 3–Committee of the Whole

 

CHAPTER 2

 

AN ACT relating to state financial administration; requiring the transfer of certain money to the State General Fund; and providing other matters properly relating thereto.

 

[Approved: June 30, 2008]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Notwithstanding any provision of law to the contrary, the State Controller shall:

      1.  Transfer $4,000,000 to the State General Fund from the Disaster Relief Account created pursuant to NRS 353.2735.

      2.  Transfer $3,500,000 to the State General Fund from the Fund for Mortgage Lending created pursuant to NRS 645F.270.

      3.  Transfer $800,000 to the State General Fund from the amount held in reserve for the program to issue revenue bonds for industrial development described in NRS 349.400 to 349.670, inclusive.

      4.  Transfer $4,000,000 to the State General Fund from the amount held in reserve for the Central Repository for Nevada Records of Criminal History created pursuant to NRS 179A.075.

      5.  Transfer $4,000,000 to the State General Fund from the Fund for Care of Sites for Disposal of Radioactive Waste created by NRS 459.231.

      6.  Transfer to the State General Fund $3,500,000 from the revolving account within the State General Fund established pursuant to section 5 of chapter 432, Statutes of Nevada 2005, at page 1933, by the Division of Emergency Management of the Department of Public Safety.

      Sec. 2.  This act becomes effective on July 1, 2008.

 

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ê2008 Statutes of Nevada, 24th Special Session, Page 3ê

 

CHAPTER 3, AB 5

Assembly Bill No. 5–Committee of the Whole

 

CHAPTER 3

 

AN ACT relating to state financial administration; authorizing allocation of the proceeds of certain general obligation bonds to the Department of Transportation for the construction, reconstruction, improvement and maintenance of highways; and providing other matters properly relating thereto.

 

[Approved: June 30, 2008]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 347, Statutes of Nevada 2007, at page 1636, is hereby amended by adding thereto a new section to be designated sec. 3.5, immediately following sec. 3, to read as follows:

      Sec. 3.5.  1.  Any balance of the allocated amounts authorized in section 3 of this act resulting from revisions or deferrals to the scope of projects set forth in that section or from the reduction of money allocated for such projects that are approved by the Interim Finance Committee is hereby authorized to be allocated, upon approval of the Interim Finance Committee, to the Department of Transportation in a total amount not to exceed $20,000,000 for the purpose of the construction, reconstruction, improvement and maintenance of highways.

      2.  To request an allocation of money pursuant to this section, the Department of Transportation must submit a detailed plan for expenditure of the money to the State Board of Examiners. Upon review, the State Board of Examiners shall transmit the plan with its recommendation to the Interim Finance Committee. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

      3.  Any money allocated to the Department of Transportation pursuant to this section must be deposited in the State Highway Fund and expended for the purposes described in this section.

      Sec. 2.  Section 42 of chapter 347, Statutes of Nevada 2007, at page 1656, is hereby amended to read as follows:

      Sec. 42.  1.  This section, subsections 1 and 3 of section 1 of this act, and sections 2 , 3 and 4 to 41, inclusive, of this act become effective upon passage and approval.

      2.  Subsections 2 and 4 of section 1 of this act become effective on July 1, 2007.

      3.  Section 3.5 of this act becomes effective on June 30, 2008.

      Sec. 3.  This act becomes effective upon passage and approval.

 

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ê2008 Statutes of Nevada, 24th Special Session, Page 4ê

 

CHAPTER 4, SB 1

Senate Bill No. 1–Committee of the Whole

 

CHAPTER 4

 

AN ACT making appropriations to the State General Fund from the Fund to Stabilize the Operation of the State Government; and providing other matters properly relating thereto.

 

[Approved: June 30, 2008]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the Fund to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $195,000,000.

      Sec. 2.  There is hereby appropriated from the Fund to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $72,000,000.

      Sec. 3.  1.  This section and section 1 of this act become effective on June 30, 2008.

      2.  Section 2 of this act becomes effective on July 1, 2008.

 

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CHAPTER 5, SB 2

Senate Bill No. 2–Committee of the Whole

 

CHAPTER 5

 

AN ACT relating to state financial administration; authorizing certain sums appropriated to the Department of Health and Human Services to be transferred among the various budget accounts of the Department under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 30, 2008]

 

Legislative Counsel’s Digest:

      Existing law provides a procedure for the revision of the work program of any department, institution or agency of the Executive Department of the State Government. (NRS 353.220) Section 1 of this bill authorizes the transfer of certain sums appropriated to the Department of Health and Human Services among the various budget accounts of the Department in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

 

 

 

 

 

 

 

 


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ê2008 Statutes of Nevada, 24th Special Session, Page 5 (Chapter 5, SB 2)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 48 of chapter 350, Statutes of Nevada 2007, at page 1706, is hereby amended to read as follows:

      Sec. 48.  1.  The sums appropriated to the Department of Corrections by section 23 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

      2.  In addition to transfers made pursuant to section 46 of this act, the sums appropriated to the Department of Health and Human Services by section 20 of this act may be transferred among the various budget accounts of the Department of Health and Human Services in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

      Sec. 2.  This act becomes effective on July 1, 2008.

 

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CHAPTER 6, SB 4

Senate Bill No. 4–Committee of the Whole

 

CHAPTER 6

 

AN ACT relating to parole; revising provisions governing meetings of the State Board of Parole Commissioners to consider prisoners for parole; and providing other matters properly relating thereto.

 

[Approved: June 30, 2008]

 

Legislative Counsel’s Digest:

      Existing law requires the State Board of Parole Commissioners to provide reasonable notice of a meeting of the Board and the opportunity to be present at the meeting to a prisoner who will be considered for parole. Parole may not be denied at a meeting unless the Board has complied with those requirements. Existing law further provides that a prisoner or his representative must be allowed to speak during a meeting to consider the prisoner for parole and requires the Board to provide written notice of its decision and any recommendations it may have to the prisoner not later than 10 working days after the meeting. (NRS 213.130) Section 1 of this bill repeals these requirements until June 30, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 213.130 is hereby amended to read as follows:

      213.130  1.  The Department of Corrections shall:

      (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

      (b) Notify the State Board of Parole Commissioners of the eligibility of the prisoner to be considered for parole; and

 


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ê2008 Statutes of Nevada, 24th Special Session, Page 6 (Chapter 6, SB 4)ê

 

      (c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.

      2.  If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, “photograph” includes any video, digital or other photographic image.

      3.  Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.

      4.  Not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.

      5.  The Board may deliberate in private after a public meeting held to consider a prisoner for parole.

      6.  The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the Board.

      7.  If a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.

      8.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this section is confidential.

 


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ê2008 Statutes of Nevada, 24th Special Session, Page 7 (Chapter 6, SB 4)ê

 

      9.  [The Board must not deny parole to a prisoner unless the prisoner has been given reasonable notice of the meeting and the opportunity to be present at the meeting. If the Board fails to provide notice of the meeting to the prisoner or to provide the prisoner with an opportunity to be present and determines that it may deny parole, the Board may reschedule the meeting.

      10.  During a meeting to consider a prisoner for parole, the Board shall allow the prisoner:

      (a) At his own expense, to have a representative present with whom he may confer; and

      (b) To speak on his own behalf or to have his representative speak on his behalf.

      11.  Upon making a final decision concerning the parole of the prisoner, the Board shall provide written notice to the prisoner of its decision not later than 10 working days after the meeting and, if parole is denied, specific recommendations of the Board to improve the possibility of granting parole the next time the prisoner is considered for parole, if any.

      12.]  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 2.  1.  This act becomes effective upon passage and approval.

      2.  The amendatory provisions of section 1 of this act expire by limitation on June 30, 2009.

 

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CHAPTER 7, SB 5

Senate Bill No. 5–Committee of the Whole

 

CHAPTER 7

 

AN ACT relating to education; contingently reducing the amount previously appropriated for textbooks, instructional supplies and instructional hardware; revising provisions governing the required expenditures for textbooks, instructional supplies and instructional hardware by school districts; and providing other matters properly relating thereto.

 

[Approved: June 30, 2008]

 

Legislative Counsel’s Digest:

      Existing law provided $95,991,427 from the basic support guarantees per pupil for expenditure by the school districts for textbooks, instructional supplies and instructional hardware pursuant to the minimum expenditure requirements set forth in NRS 387.206. (Chapter 343, Statutes of Nevada 2007, p. 1560) Section 3 of this bill contingently reduces the dollar amount for those expenditures to $47,995,714.

      Section 4 of this bill contingently appropriates money from the State General Fund to the Department of Education for expenditure by the school districts for textbooks, instructional supplies and instructional hardware. Such an appropriation must be made if the Interim Finance Committee determines after December 1, 2008, based upon projections developed by the Fiscal Analysis Division, that the estimate of the unappropriated balance of the State General Fund projected for June 30, 2009, exceeds 5 percent of the State General Fund operating appropriations. In developing its projections, the Fiscal Analysis Division shall use the State General Fund revenue projections by the Economic Forum on or before December 1, 2008, and all other relevant information known to the Fiscal Analysis Division.

 


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ê2008 Statutes of Nevada, 24th Special Session, Page 8 (Chapter 7, SB 5)ê

 

relevant information known to the Fiscal Analysis Division. The amount of the contingent appropriation is equal to the amount of the excess as determined by the Interim Finance Committee, not to exceed $47,995,713. Such an appropriation must not be made if the excess is not equal to or more than $1,000,000. If the appropriation is made and a school district does not meet its minimum expenditure requirements for Fiscal Year 2008-2009, the school district may carry that balance forward for Fiscal Year 2009-2010 for use in accordance with the minimum expenditure requirements prescribed in NRS 387.206.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 343, Statutes of Nevada 2007, at page 1553, is hereby amended to read as follows:

      Sec. 2.  [1.]  The basic support guarantee for school districts for operating purposes for the 2008-2009 Fiscal Year is an estimated weighted average of [$5,323] $5,213 per pupil.

      [2.  On or before April 1, 2008, the Executive Director of the Department of Taxation shall provide to the Superintendent of Public Instruction the certified total of the amount of ad valorem taxes to be received by each school district for Fiscal Year 2008-2009 pursuant to the levy imposed under subsection 1 of NRS 387.195 and credited to the county’s school district fund pursuant to subsection 4 of NRS 387.195.

      3.  Pursuant to NRS 362.115, on or before March 15 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon the statements required of mine operators.

      4.  For purposes of establishing the basic support guarantee, the estimated basic support guarantees per pupil for each school district for the 2008-2009 Fiscal Year for operating purposes are:] For each respective school district, the basic support guarantee per pupil for the 2008-2009 Fiscal Year is:

 

                                                                       [Basic                                       Estimated

                                                                      Support                                            Basic

                                                                    Guarantee          Estimated             Support

                                                                       Before           Ad Valorem       Guarantee

School District                                            Adjustment        Adjustment    as Adjusted]

                                                Basic

                                             Support

School District                   Guarantee

Carson City                             $6,220            [$5,500                $876                $6,376]

Churchill                                 $6,296            [$5,704                $768                $6,472]

Clark                                       $4,958            [$3,653             $1,398                $5,051]

Douglas                                   $5,324            [$3,397             $2,063                $5,460]

Elko                                         $7,002            [$6,549                $612                $7,161]

Esmeralda                              $15,332          [$11,288             $4,446              $15,734]

Eureka                                     $5,205         [($6,248)           $16,781              $10,533]

 


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ê2008 Statutes of Nevada, 24th Special Session, Page 9 (Chapter 7, SB 5)ê

 

                                                                       [Basic                                       Estimated

                                                                      Support                                            Basic

                                                                    Guarantee          Estimated             Support

                                                                       Before           Ad Valorem       Guarantee

School District                                            Adjustment        Adjustment    as Adjusted]

                                                Basic

                                             Support

School District                   Guarantee

Humboldt                                $6,529            [$5,803             $1,025                $6,828]

Lander                                     $6,390            [$4,465             $1,844                $6,309]

Lincoln                                  $10,056            [$9,357                $944              $10,301]

Lyon                                        $6,598            [$5,991                $795                $6,786]

Mineral                                    $8,892            [$8,328                $752                $9,080]

Nye                                         $6,611            [$5,794             $1,123                $6,917]

Pershing                                  $8,519            [$7,484             $1,337                $8,821]

Storey                                      $6,736            [$2,147             $5,110                $7,257]

Washoe                                   $5,323            [$4,208             $1,214                $5,422]

White Pine                               $7,238            [$6,743             $1,089                 $7,832

 

      5.  The ad valorem adjustment may be made only to take into account the difference in the ad valorem taxes to be received and the estimated enrollment of the school district between the amount estimated as of March 1, 2007, and the amount estimated as of March 1, 2008, for the 2008-2009 Fiscal Year. Estimates of net proceeds of minerals received from the Department of Taxation on or before March 15 pursuant to subsection 3 must be taken into consideration in determining the adjustment.

      6.  Upon receipt of the certified total of ad valorem taxes to be received by each school district for Fiscal Year 2008-2009 pursuant to subsection 2, the Superintendent of Public Instruction shall recalculate the ad valorem adjustment and the tentative basic support guarantee for operating purposes for each school district for the 2008-2009 Fiscal Year based on the certified total of ad valorem taxes provided by the Executive Director of the Department of Taxation pursuant to subsection 2. The final basic support guarantee for each school district for the 2008-2009 Fiscal Year is the amount, which is recalculated for the 2008-2009 Fiscal Year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before March 15, 2008. The basic support guarantee recalculated pursuant to this section must be calculated before May 31, 2008.]

 


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ê2008 Statutes of Nevada, 24th Special Session, Page 10 (Chapter 7, SB 5)ê

 

      Sec. 2.  Section 4 of chapter 343, Statutes of Nevada 2007, at page 1555, is hereby amended to read as follows:

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030:

For the 2007-2008 Fiscal Year................................................................ $1,041,362,589

For the 2008-2009 Fiscal Year.................................. [$1,090, 795,262] $1,042,799,549

      2.  The money appropriated by subsection 1 must be:

      (a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and

      (b) Work-programmed for the 2 separate Fiscal Years 2007-2008 and 2008-2009, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

      3.  Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      4.  The sums appropriated by subsection 1 are available for either fiscal year and may be transferred from one fiscal year to the other with the approval of the Governor upon the recommendation of the Chief of the Budget Division.

      5.  Any remaining balance of the appropriation made by subsection 1 for the 2007-2008 Fiscal Year must be transferred and added to the money appropriated for the 2008-2009 Fiscal Year and may be expended as that money is expended.

      6.  Any remaining balance of the appropriation made by subsection 1 for the 2008-2009 Fiscal Year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 3.  Section 15 of chapter 343, Statutes of Nevada 2007, at page 1560, is hereby amended to read as follows:

      Sec. 15.  Of the amounts included in the basic support guarantee amounts enumerated in sections 1 and 2 of this act, or from any other sources of money that may be available to a school district, $90,941,645 for Fiscal Year 2007-2008 and [$95,991,427] $47,995,714 for Fiscal Year 2008-2009 must be expended for the purchase of textbooks, instructional supplies and instructional hardware as prescribed in NRS 387.206.

      Sec. 4.  1.  At the first meeting of the Interim Finance Committee after December 1, 2008, the Interim Finance Committee shall, based upon the projections developed by the Fiscal Analysis Division of the Legislative Counsel Bureau, estimate the unappropriated balance of the State General Fund projected for June 30, 2009. In making its projections, the Fiscal Analysis Division shall use the State General Fund revenue projections set forth in the report required by the Economic Forum pursuant to NRS 353.228 on or before December 1, 2008, and all other relevant information known to the Fiscal Analysis Division.

 


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ê2008 Statutes of Nevada, 24th Special Session, Page 11 (Chapter 7, SB 5)ê

 

on or before December 1, 2008, and all other relevant information known to the Fiscal Analysis Division. Except as otherwise provided in subsection 2, if the Interim Finance Committee determines that the projected unappropriated balance of the State General Fund projected for June 30, 2009, exceeds 5 percent of the State General Fund operating appropriations, the amount of the excess is hereby contingently appropriated from the State General Fund to the Department of Education for expenditure by the school districts, charter schools and university schools for profoundly gifted pupils for textbooks, instructional supplies and instructional hardware. In no event shall the amount of money contingently appropriated exceed $47,995,713.

      2.  If the amount of the excess determined pursuant to subsection 1 is not equal to or more than $1,000,000, the amount of the excess shall not be contingently appropriated.

      3.  Except as otherwise provided in this subsection, if an appropriation is made pursuant to subsection 1, the Superintendent of Public Instruction shall, not later than 30 days after the determination of the Interim Finance Committee pursuant to subsection 1, distribute the money to the school districts, charter schools and university schools for profoundly gifted pupils in proportion to the amount by which each school district’s basic support guarantee was reduced by section 1 of this act.

      4.  If an appropriation is made pursuant to this section, the amount of money that must be expended for the 2008-2009 Fiscal Year by the school districts, charter schools and university schools for profoundly gifted pupils for textbooks, instructional supplies and instructional hardware pursuant to section 3 of this act must be increased by the amount of the appropriation made pursuant to this section.

      5.  Notwithstanding the provisions of NRS 387.206 to the contrary, after an appropriation is made pursuant to this section, if the Department of Education determines that a school district, charter school or university school for profoundly gifted pupils has not expended the minimum amount of money otherwise required pursuant to NRS 387.206, no reduction shall be made from the basic support allocation otherwise payable to that school district, charter school or university school for profoundly gifted pupils, but rather that unexpended funding must be carried forward to Fiscal Year 2009-2010 to be expended for textbooks, instructional supplies and instructional hardware. For Fiscal Year 2009-2010, the amount of money that must be expended for textbooks, instructional supplies and instructional hardware as prescribed pursuant to NRS 387.206 must be increased by any such funding carried forward.

      Sec. 5.  The Legislature hereby finds and declares that state funding for K-12 public education remains sufficient for Fiscal Year 2008-2009 notwithstanding the contingent reduction set forth in this act.

      Sec. 6.  This act becomes effective on July 1, 2008.

 

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