Senate Bill No. 496–Committee on Finance
(On Behalf of Governor Guinn)
March 19, 1999
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Referred to Committee on Finance
SUMMARY—Creates millennium scholarship trust fund. (BDR 34-1685)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 396 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 14, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3 to1-5
7, inclusive, of this act have the meanings ascribed to them in those1-6
sections.1-7
Sec. 3. "Academic scholarship" means a scholarship that is awarded1-8
from the trust fund to a student who:1-9
1. Completed in high school the core curriculum prescribed by the1-10
board for an academic scholarship; and1-11
2. Is enrolled in a community college or university.1-12
Sec. 4. "Board" means the millennium scholarship board created1-13
pursuant to section 9 of this act.1-14
Sec. 5. "Millennium scholarship" means an academic or vocational1-15
scholarship that is awarded from the trust fund to a student.2-1
Sec. 6. "Trust fund" means the millennium scholarship trust fund2-2
created pursuant to section 8 of this act.2-3
Sec. 7. "Vocational scholarship" means a scholarship that is2-4
awarded from the trust fund to a student who:2-5
1. Completed in high school the core curriculum prescribed by the2-6
board for a vocational scholarship; and2-7
2. Is enrolled in a community college.2-8
Sec. 8. 1. The millennium scholarship trust fund is hereby created2-9
in the state treasury to be administered by the state treasurer. The state2-10
treasurer may accept gifts, grants, bequests and donations for deposit in2-11
the trust fund.2-12
2. Except as otherwise provided in section 8.5 of this act, the state2-13
treasurer shall deposit in the trust fund:2-14
(a) Fifty percent of all money received by this state pursuant to any2-15
settlement entered into by the State of Nevada and a manufacturer of2-16
tobacco products;2-17
(b) Fifty percent of all money recovered by the State of Nevada from a2-18
judgment in a civil action against a manufacturer of tobacco products;2-19
and2-20
(c) Any gifts, grants, bequests or donations specifically designated for2-21
the trust fund by the donor.2-22
3. The state treasurer, in consultation with the board, shall invest2-23
money in the trust fund as the money in other state funds is invested.2-24
4. All interest and income earned on the money in the trust fund2-25
must, after deducting any applicable charges, be credited to the trust2-26
fund.2-27
5. All claims against the trust fund must be paid as other claims2-28
against the state are paid.2-29
6. Not more than 2 percent of the amount of money in the trust fund2-30
that is awarded in millennium scholarships each year may be used to pay2-31
the costs of administering the trust fund and to pay the per diem2-32
allowances and travel expenses of the members of the board pursuant to2-33
section 9 of this act.2-34
7. Money in the trust fund may be used only for the purposes set2-35
forth in sections 2 to 14, inclusive, of this act.2-36
Sec. 8.5. 1. The board may form a nonprofit corporation pursuant2-37
to chapter 82 of NRS for the purpose of issuing bonds or other2-38
obligations for the benefit of the trust fund. The board shall serve as the2-39
board of directors of any such corporation created pursuant to this2-40
section.2-41
2. The corporation may issue obligations payable solely from the2-42
revenue described in paragraphs (a) and (b) of subsection 2 of section 82-43
of this act. Any such obligations are solely the obligations of the3-1
corporation and are not obligations, special or general, of the state and3-2
do not give rise to any claim against the state, the taxing power of the3-3
state or any asset or income of the state except the revenue described in3-4
paragraphs (a) and (b) of subsection 2 of section 8 of this act.3-5
3. If obligations are issued by the corporation pursuant to this3-6
section, the state treasurer shall transfer in each fiscal year sufficient3-7
money from the revenue described in paragraphs (a) and (b) of3-8
subsection 2 of section 8 of this act to the corporation to pay the principal3-9
and interest on the obligations when due; but in no event shall the state3-10
treasurer transfer to the corporation in any fiscal year more money than3-11
he has received in that fiscal year from the sources of revenue described3-12
in paragraphs (a) and (b) of subsection 2 of section 8 of this act.3-13
Sec. 9. 1. The millennium scholarship board is hereby created.3-14
The membership of the board consists of the governor or his designee,3-15
the state treasurer or his designee and:3-16
(a) One member appointed by the majority leader of the senate who is3-17
not a legislator;3-18
(b) One member appointed by the speaker of the assembly who is not3-19
a legislator; and3-20
(c) Three members of the board of regents, appointed by the governor.3-21
The governor shall appoint members of the board of regents with due3-22
regard to maintaining equitable representation for the entire state.3-23
2. Each member of the board serves at the pleasure of his appointing3-24
authority. A vacancy in the membership of the board must be filled for3-25
the remainder of the unexpired term in the same manner as the original3-26
appointment.3-27
3. The members of the board serve without compensation, except3-28
that for each day or portion of a day during which a member of the3-29
board attends a meeting of the board or is otherwise engaged in the3-30
business of the board, he is entitled to receive the per diem allowance and3-31
travel expenses provided for state officers and employees generally.3-32
4. The board may request assistance from the board of regents, the3-33
office of the chancellor and any branch or facility of the system as is3-34
necessary for the board to carry out its duties pursuant to sections 2 to3-35
14, inclusive, of this act.3-36
Sec. 10. 1. The board shall adopt regulations that set forth:3-37
(a) The core curriculum that a student must complete in high school3-38
to be eligible for an academic scholarship and the core curriculum that a3-39
student must complete in high school to be eligible for a vocational3-40
scholarship. The regulations must set forth the conditions under which3-41
required completion of the core curriculum may be waived during the3-42
first 2 academic years after adoption of the regulations. The core3-43
curriculum must be established in consultation with the board of regents.4-1
(b) The requirements for a student who:4-2
(1) Received a vocational scholarship; and4-3
(2) Completed a course of study recognized by the board at a4-4
community college,4-5
to be eligible for an academic scholarship upon transfer to a university.4-6
A student who received an academic scholarship and enrolled in a4-7
community college may continue to receive an academic scholarship4-8
upon transfer to a university if he otherwise satisfies the requirements for4-9
a millennium scholarship.4-10
(c) For students who did not graduate from a public or private high4-11
school in this state, the minimum score on a standardized test that such4-12
students must receive to be eligible for millennium scholarships.4-13
(d) The minimum number of credits that a student must maintain in4-14
each academic year to maintain eligibility for a millennium scholarship.4-15
The regulations must require a student to maintain at least 6 but not4-16
more than 12 semester credit hours in each of the fall and spring4-17
semesters.4-18
(e) The criteria for determining whether a student who receives a4-19
millennium scholarship is making satisfactory academic progress toward4-20
obtaining a degree or certificate. The criteria must require a student to4-21
maintain at least a 2.0 grade-point average on a 4.0 grading scale for his4-22
first academic year and a 2.5 grade-point average on a 4.0 grading scale4-23
thereafter. If a student participates as a member of a varsity athletic4-24
team, he must also satisfy the standards established by the board of4-25
regents pursuant to NRS 396.585. The regulations must establish the4-26
maximum period that a student may take to obtain his degree or4-27
certificate and continue to be eligible for a millennium scholarship. The4-28
period must not exceed 8 years after a student obtained a high school4-29
diploma or a certificate of educational equivalence for achieving a4-30
passing score on the tests of general educational development.4-31
(f) The amount by which the distribution of a millennium scholarship4-32
to a student must be set off against other financial aid received by the4-33
student.4-34
(g) The terms for repayment of a millennium scholarship for any4-35
semester in which the student fails to maintain the minimum number of4-36
semester credits required by the board, including, without limitation, that4-37
the board may deny future installments of the millennium scholarship to4-38
any student who fails to make adequate provision for repayment.4-39
(h) The expenditures for which money from a millennium scholarship4-40
may be used and any related limitations on the use of the money.4-41
2. The board shall determine whether:4-42
(a) Millennium scholarships may be awarded for summer semesters.4-43
If the board authorizes scholarships for summer semesters, it shall apply5-1
the same criteria for eligibility as is set forth in the regulations adopted5-2
pursuant to subsection 1.5-3
(b) Honors division classes must be given additional weight in5-4
calculating a student’s grade-point average to determine eligibility for a5-5
millennium scholarship. If the board determines that additional weight5-6
must be given, it shall include in the regulations adopted pursuant to5-7
subsection 1 the formula for calculating a student’s grade-point average5-8
if the student completed honors division classes in high school.5-9
Sec. 11. 1. Within the limits of money available in the trust fund,5-10
the board shall award millennium scholarships to all eligible students5-11
who apply.5-12
2. A student may apply to the board for a millennium scholarship. In5-13
addition to satisfying the criteria for eligibility set forth by the board5-14
pursuant to section 10 of this act, to be eligible for a millennium5-15
scholarship a student must:5-16
(a) Except as otherwise provided in paragraph (b), graduate from a5-17
public or private high school in this state after May 1, 2000, with at least5-18
a 3.0 grade-point average overall and in the core curriculum, on a 4.05-19
grading scale, and otherwise meet the requirements for graduation from5-20
high school in this state, including, without limitation, passing the5-21
proficiency examination administered in grade 11 pursuant to NRS5-22
389.015 or thereafter, if applicable;5-23
(b) If a student has not completed the credits required for graduation5-24
from high school in this state, the student must:5-25
(1) Receive at least the minimum score on a standardized test, as set5-26
forth by the regulations of the board; or5-27
(2) Complete at least 30 semester credits at a university or5-28
community college with at least a 3.0 grade-point average overall, on a5-29
4.0 grading scale;5-30
(c) Reside in this state for at least 2 years before obtaining a high5-31
school diploma or a certificate of educational equivalence for achieving5-32
a passing score on the tests of general educational development; and5-33
(d) Be enrolled in a community college or university of the system for5-34
the minimum number of semester credits established by the board.5-35
3. If a dispute exists concerning a student’s eligibility, the board5-36
shall determine whether the student is eligible for the millennium5-37
scholarship. The board’s determination is final and not subject to5-38
judicial review.5-39
4. Within the limits of money available in the trust fund, the board5-40
shall award each eligible student who is enrolled in a:5-41
(a) Community college, a scholarship of $40 per credit for which the5-42
student is enrolled.6-1
(b) University, a scholarship of $80 per credit for which the student is6-2
enrolled.6-3
The credits for which such a scholarship may be awarded are any credits6-4
which will satisfy the requirements toward obtaining a degree or6-5
certificate. No student may be awarded a scholarship for more than 1256-6
total credits or for a total amount in excess of $10,000.6-7
5. The board shall certify a list of eligible students to the state6-8
treasurer. The state treasurer shall disburse a millennium scholarship for6-9
each semester on behalf of an eligible student directly to the community6-10
college or university in which the student is enrolled, upon certification6-11
from the community college or university of:6-12
(a) The number of credits for which the student is enrolled, which6-13
must meet or exceed the minimum number of credits required for6-14
eligibility; and6-15
(b) That the student is in good standing and making satisfactory6-16
academic progress toward a degree or certificate.6-17
The scholarship must be administered by the community college or6-18
university as other similar scholarships are administered and may be6-19
used for any expenditure authorized by the board.6-20
Sec. 12. The board of regents shall develop a plan to direct a6-21
significant portion of other available financial aid to culturally6-22
disadvantaged or at-risk students, and students who graduated from high6-23
school before May 1, 2000, who wish to attend college and have the6-24
potential to be successful, but who do not otherwise meet the eligibility6-25
requirements for millennium scholarships.6-26
Sec. 13. 1. On or before February 1 of each odd-numbered year,6-27
the board shall submit a written report to the director of the legislative6-28
counsel bureau for transmittal to the legislature.6-29
2. The report must contain the following information for the system6-30
and each university and community college within the system:6-31
(a) The total number of students that received millennium6-32
scholarships;6-33
(b) The number of students that received millennium scholarships in6-34
the current fiscal year;6-35
(c) The median grade-point average of recipients upon entering6-36
college;6-37
(d) The median grade-point average of recipients in college;6-38
(e) The number of recipients who have graduated from college;6-39
(f) The number of recipients who did not graduate from college and6-40
who are not currently enrolled in college; and6-41
(g) An evaluation of the effect of the millennium scholarship program6-42
on the rates of college participation, the rates of the award of degrees or6-43
certificates and the success of students in college.7-1
3. The state treasurer, in conjunction with the board, shall include a7-2
report on the financial status of the trust fund, including, without7-3
limitation, the most recent actuarial studies conducted pursuant to7-4
subsection 4.7-5
4. The board shall contract with a certified actuary to perform an7-6
annual actuarial study. The money in the trust fund must be used to pay7-7
the costs of contracting with the actuary. The state treasurer shall make7-8
available for inspection all records necessary to perform the actuarial7-9
study.7-10
Sec. 14. 1. The board of trustees of each school district and each7-11
public or private high school shall cooperate with the millennium7-12
scholarship board by providing reports of the projected numbers of7-13
students eligible for millennium scholarships and shall develop a7-14
program to certify whether graduating seniors meet applicable eligibility7-15
requirements.7-16
2. The board shall work with the board of trustees of each school7-17
district, the department of education, and each participating community7-18
college or university, to create appropriate programs to inform students7-19
of the millennium scholarship program and the requirements for7-20
eligibility.7-21
Sec. 15. On or before September 15, 1999, the governor, the majority7-22
leader of the senate and the speaker of the assembly shall make7-23
appointments to the millennium scholarship board in accordance with7-24
section 9 of this act.7-25
Sec. 16. For the first year of operation of the millennium scholarship7-26
board, not more than $100,000 may be used from the millennium7-27
scholarship trust fund to pay the costs of administering the trust fund and to7-28
pay the per diem allowances and travel expenses of the members of the7-29
board.7-30
Sec. 17. 1. This section and section 15 of this act become effective7-31
on July 1, 1999.7-32
2. Section 9 of this act becomes effective on July 1, 1999, for the7-33
purpose of appointing members to the millennium scholarship board and on7-34
October 1, 1999, for all other purposes.7-35
3. Sections 1 to 8.5, inclusive, 10 to 14, inclusive, and 16 of this act7-36
become effective on October 1, 1999.~