Assembly Bill No. 631–Committee on Elections,
Procedures, and Ethics
(On Behalf of Legislative Commission)
March 19, 1999
____________
Referred to Committee on Elections, Procedures, and Ethics
SUMMARY—Makes various changes regarding administration of state legislature and legislative counsel bureau. (BDR 17-820)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
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 218 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 8, inclusive, of this act.1-3
Sec. 2. 1. Except as otherwise provided by specific statute or1-4
concurrent resolution of the legislature, the legislative counsel shall1-5
honor:1-6
(a) The number of requests for the drafting of a bill or resolution for a1-7
regular session of the legislature only as provided in NRS 218.240 to1-8
218.255, inclusive, and sections 2 to 6, inclusive, of this act.1-9
(b) A request for the drafting of a bill or resolution for a regular1-10
session of the legislature only if the request is received by the legislative2-1
counsel on or before December 15 preceding the commencement of that2-2
session.2-3
(c) A request for the drafting of a bill or resolution for any session of2-4
the legislature which is submitted by a state agency, board or department,2-5
a local government, the judiciary or another authorized nonlegislative2-6
requester only if the request is in a subject related to the function of the2-7
requester.2-8
2. The legislative counsel shall not:2-9
(a) Assign a number to a request for the drafting of a bill or resolution2-10
for any session of the legislature to establish the priority of the request2-11
until sufficient detail has been received to allow complete drafting of the2-12
legislative measure.2-13
(b) Honor a request to change the subject matter of a request for the2-14
drafting of a bill or resolution for any session of the legislature after it2-15
has been submitted for drafting.2-16
(c) Honor a request for the drafting of a bill or resolution for any2-17
session of the legislature which has been combined in violation of section2-18
17 of article 4 of the Nevada constitution.2-19
Sec. 3. 1. Each incumbent or newly elected:2-20
(a) Assemblyman may request the drafting of not more than 102-21
legislative measures before the commencement of a regular legislative2-22
session.2-23
(b) Senator may request the drafting of not more than 20 legislative2-24
measures before the commencement of a regular legislative session.2-25
2. In addition to the number authorized pursuant to subsection 1:2-26
(a) The chairman of each standing committee of the immediately2-27
preceding regular legislative session, or a person designated in the place2-28
of the chairman by the speaker of the assembly or the majority leader of2-29
the senate, as the case may be, may request before the commencement of2-30
the next regular legislative session the drafting of not more than 12-31
legislative measure for introduction by the committee in a subject within2-32
the jurisdiction of the committee for every 15 legislative measures that2-33
were referred to the respective standing committee during the2-34
immediately preceding regular legislative session.2-35
(b) A person designated after a general election as a chairman of a2-36
standing committee for the next regular legislative session, or a person2-37
designated in the place of a chairman by the person designated as the2-38
speaker of the assembly or majority leader of the senate for the next2-39
regular legislative session, may request before the commencement of the2-40
next regular legislative session the drafting of the remaining number of2-41
the legislative measures allowed for the respective standing committee2-42
that were not requested by the previous chairman or designee.3-1
Sec. 4. 1. In addition to the number authorized pursuant to section3-2
3 of this act:3-3
(a) The speaker of the assembly and the majority leader of the senate3-4
may each request before or during a regular legislative session, without3-5
limitation, the drafting of not more than 15 legislative measures for that3-6
session.3-7
(b) The minority leader of the assembly and the minority leader of the3-8
senate may each request before or during a regular legislative session,3-9
without limitation, the drafting of not more than 10 legislative measures3-10
for that session.3-11
(c) A person designated after a general election as the speaker of the3-12
assembly, the majority leader of the senate, the minority leader of the3-13
assembly or the minority leader of the senate for the next regular3-14
legislative session may request the drafting of the remaining number of3-15
the legislative measures allowed for the respective officer that were not3-16
requested by the previous officer.3-17
2. The secretary of the senate and the chief clerk of the assembly3-18
may request before or during a regular legislative session, without3-19
limitation, the drafting of as many legislative measures as are necessary3-20
or convenient for the proper exercise of their duties.3-21
Sec. 5. 1. The chairman of the legislative commission may request3-22
the drafting of not more than 15 legislative measures before the3-23
commencement of a regular legislative session, with the approval of the3-24
commission, which relate to the affairs of the legislature or its employees,3-25
including measures requested by the legislative staff.3-26
2. The chairman of the interim finance committee may request the3-27
drafting of not more than 10 legislative measures before the3-28
commencement of a regular legislative session, with the approval of the3-29
committee, which relate to matters within the scope of the committee.3-30
3. Except as otherwise provided by specific statute or concurrent3-31
resolution of the legislature:3-32
(a) Any other legislative committee created by statute may request the3-33
drafting of not more than 10 legislative measures before the3-34
commencement of a regular legislative session, which relate to matters3-35
within the scope of the committee.3-36
(b) An interim committee which conducts a study or investigation3-37
pursuant to subsection 5 of NRS 218.682 may request the drafting of not3-38
more than 10 legislative measures before the commencement of a regular3-39
legislative session, which relate to matters within the scope of the study or3-40
investigation, except that such a committee may request the drafting of3-41
additional legislative measures before the commencement of a regular3-42
legislative session if the legislative commission approves each additional3-43
request by a majority vote.4-1
(c) Any other committee established by the legislature which conducts4-2
an interim legislative study may request the drafting of not more than 104-3
legislative measures before the commencement of a regular legislative4-4
session, which relate to matters within the scope of the study.4-5
Sec. 6. 1. The governor or his designated representative may4-6
transmit to the legislative counsel before the commencement of a regular4-7
legislative session not more than 250 requests for the drafting of4-8
legislative measures approved on behalf of state agencies, boards and4-9
departments of the executive branch of state government pursuant to4-10
subsection 1 of NRS 218.245, except that the department of4-11
administration may request on or before the first day of the legislative4-12
session, without limitation, the drafting of as many legislative measures4-13
as are necessary to implement the budget proposed by the governor and4-14
to provide for the fiscal management of the state.4-15
2. The constitutional officers may request the drafting of not more4-16
than the following numbers of legislative measures before the4-17
commencement of a regular legislative session:4-18
Lieutenant governor 24-19
Secretary of state 154-20
State treasurer 54-21
State controller 54-22
Attorney general 354-23
3. The board of regents of the University of Nevada may request the4-24
drafting of not more than 5 legislative measures on behalf of the4-25
University and Community College System of Nevada before the4-26
commencement of a regular legislative session.4-27
Sec. 7. If the governor elects to communicate the message required4-28
pursuant to section 10 of article 5 of the Nevada constitution before the4-29
commencement of a regular session of the legislature, the chairman of4-30
the legislative commission may, on behalf of the legislative commission4-31
pursuant to subsection 5 of NRS 218.682, appoint a special committee to4-32
receive that message. A special committee appointed pursuant to this4-33
section:4-34
1. Must consist of all persons elected or appointed to serve as a4-35
senator or assemblyman during the next ensuing regular session of the4-36
legislature.4-37
2. Shall receive the governor’s message and conclude its activities4-38
upon the completion of that message.4-39
Sec. 8. The legislative commission may, pursuant to subsection 5 of4-40
NRS 218.682, appoint one or more special committees before the5-1
commencement of a regular session of the legislature. Each special5-2
committee appointed pursuant to this section:5-3
1. Must consist of all persons designated by the:5-4
(a) Speaker designate of the assembly to serve as members of an5-5
assembly standing committee, other than the assembly standing5-6
committee on ways and means, for the next ensuing regular session of5-7
the legislature; or5-8
(b) Majority leader designate of the senate to serve as members of a5-9
senate standing committee, other than the senate standing committee on5-10
finance, for the next ensuing regular session of the legislature.5-11
2. May meet to consider issues that may require consideration during5-12
the next ensuing session by the standing committee upon which the5-13
members of the special committee have been designated to serve.5-14
3. Shall conclude its activities before the commencement of the next5-15
ensuing session.5-16
Sec. 9. NRS 218.085 is hereby amended to read as follows: 218.085 1. The legislative fund is hereby created as a special5-18
revenue fund for the use of the legislature, and where specifically5-19
authorized by law, for the use of the legislative counsel bureau.5-20
2. Support for the legislative fund must be provided by legislative5-21
appropriation from the state general fund.5-22
3. Expenditures from the legislative fund may be made for:5-23
(a) The payment of necessary5-24
(b) The payment of necessary5-25
(c) The payment of5-26
building and its grounds;5-27
(d) The payment of expenses for the interim operation of the legislature;5-28
and5-29
(e) The payment of necessary5-30
to:5-31
(1) The legislative commission;5-32
(2) The legal division;5-33
(3) The research division;5-34
(4) The audit division;5-35
(5) The fiscal analysis division; and5-36
(6) The administrative division,5-37
of the legislative counsel bureau.5-38
4. Expenditures from the legislative fund for purposes other than those5-39
specified in subsection 3 or authorized specifically by another statute may5-40
be made only upon the authority of a concurrent resolution regularly5-41
adopted by the senate and assembly.5-42
5.5-43
the legislative fund must be paid out on claims approved by the director of6-1
the legislative counsel bureau or his designee .6-2
6-3
Sec. 10. NRS 218.210 is hereby amended to read as follows: 218.2106-5
6-6
6-7
6-8
6-9
6-10
6-11
6-12
6-13
6-14
6-15
6-16
6-17
each day of service:6-18
6-19
legislature is in session, or in adjournment for not more than 3 days, or the6-20
maximum number of days for which compensation for a regular session is6-21
permitted by the constitution, whichever is smaller; and6-22
6-23
legislature is in session or the maximum number of days for which6-24
compensation for a special session is permitted by the constitution,6-25
whichever is smaller.6-26
Sec. 11. NRS 218.220 is hereby amended to read as follows: 218.220 1. The per diem expense allowance and the travel and6-28
telephone expenses of senators and assemblymen elected or appointed and6-29
in attendance at any session or presession orientation conference of the6-30
legislature must be allowed in the manner set forth in this section.6-31
2. For initial travel from his home to Carson City, Nevada, to attend a6-32
session or presession orientation conference of the legislature, and for6-33
return travel from Carson City, Nevada, to his home upon adjournment6-34
sine die of a session or termination of a presession orientation conference6-35
of the legislature, each senator and assemblyman is entitled to receive:6-36
(a) A per diem expense allowance , not to exceed the6-37
6-38
6-39
the6-40
day’s travel to and one day’s travel from the session or conference.6-41
(b) Travel expenses.7-1
3. In addition to the per diem and travel expenses authorized by7-2
subsection 2, each senator and assemblyman is entitled to receive a7-3
supplemental allowance which must not exceed:7-4
(a) A total of $6,800 during each regular session of the legislature for:7-5
(1) His actual expenses in moving to and from Carson City for the7-6
session;7-7
(2) Travel to and from his home or temporary residence or for7-8
traveling to and from legislative committee and subcommittee meetings or7-9
hearings or for individual travel within the state which relates to legislative7-10
business; and7-11
(3) If he rents furniture for his temporary residence rather than7-12
moving similar furniture from his home, the cost of renting that furniture7-13
not to exceed the amount that it would have cost to move the furniture to7-14
and from his home; and7-15
(b) A total of $1,000 during each special session of the legislature for7-16
travel to and from his home or temporary residence or for traveling to and7-17
from legislative committee and subcommittee meetings or hearings or for7-18
individual travel within the state which relates to legislative business.7-19
4. Each senator and assemblyman is entitled to receive a per diem7-20
expense allowance , not to exceed the7-21
7-22
7-23
7-24
that the legislature is in session or in a presession orientation conference7-25
and for each day that he attends a meeting of a standing committee of7-26
which he is a member when the legislature has adjourned for more than 47-27
days.7-28
5. Each senator and assemblyman who maintains temporary quarters7-29
in or near Carson City for which he has entered into a lease or other7-30
agreement for continuous occupancy for the duration of a legislative7-31
session is entitled to receive a lodging allowance equal to that portion of7-32
the expense allowance which the legislative commission designates by rule7-33
as being allocated to lodging, for not more than 14 days in each period in7-34
which:7-35
(a) The legislature has adjourned until a time certain; and7-36
(b) The senator or assemblyman is not entitled to a per diem expense7-37
allowance pursuant to subsection 4.7-38
6. In addition to the per diem expense allowance authorized by7-39
subsection 4 and the lodging allowance authorized by subsection 5, each7-40
senator and assemblyman who maintains temporary quarters in or near7-41
Carson City for which he has entered into a lease or other agreement for7-42
continuous occupancy for the duration of a legislative session is entitled to7-43
receive a lodging allowance equal to that portion of the expense allowance8-1
which the legislative commission designates by rule as being allocated to8-2
lodging, for not more than 17 days in each period in which:8-3
(a) The legislature has adjourned for more than 4 days; and8-4
(b) The senator or assemblyman must obtain temporary lodging in a8-5
location that a standing committee of which he is a member is meeting.8-6
7. Each senator and assemblyman is entitled to receive a lodging8-7
allowance equal to that portion of the expense allowance which the8-8
legislative commission designates by rule as being allocated to lodging, for8-9
not more than 6 days in each period in which:8-10
(a) The legislature has adjourned for more than 4 days; and8-11
(b) The senator or assemblyman must obtain temporary lodging in a8-12
location that a standing committee of which he is a member is meeting,8-13
if the senator or assemblyman is not entitled to the per diem expense8-14
allowance authorized by subsection 4 or the lodging allowances authorized8-15
by subsections 5 and 6.8-16
8. Each senator and assemblyman is entitled to receive a telephone8-17
allowance of not more than $2,800 for the payment of tolls and charges8-18
incurred by him in the performance of official business during each regular8-19
session of the legislature and not more than $300 during each special8-20
session of the legislature.8-21
9. An employee of the legislature assigned to serve a standing8-22
committee is entitled to receive the travel expenses and per diem expense8-23
allowance provided by law for state employees generally if he is required8-24
to attend a hearing of the committee outside Carson City.8-25
10.8-26
expenses made under the provisions of this section must be8-27
8-28
fund. Claims for per diem expense allowances authorized by subsection 48-29
and lodging allowances authorized by subsections 5, 6 and 7 must be paid8-30
once each week during a legislative session and upon completion of a8-31
presession orientation conference.8-32
11. A claim for travel expenses authorized by subsection 2 or 3 must8-33
not be paid unless the senator or assemblyman submits a signed statement8-34
affirming:8-35
(a) The date of the travel; and8-36
(b) The places of departure and arrival and, if the travel is by private8-37
conveyance, the actual miles traveled. If the travel is not by private8-38
conveyance, the claim must include a receipt or other evidence of the8-39
expenditure.8-40
12. Travel expenses authorized by subsections 2 and 3 are limited to:8-41
(a) If the travel is by private conveyance, a rate equal to the standard8-42
mileage reimbursement rate for which a deduction is allowed for the8-43
purposes of federal income tax. If two or more legislators travel in the9-1
same private conveyance, the legislator who provided or arranged for9-2
providing the transportation is presumed entitled to reimbursement.9-3
(b) If the travel is not by private conveyance, the actual amount9-4
expended.9-5
Transportation must be by the most economical means, considering total9-6
cost, time spent in transit and the availability of state-owned automobiles.9-7
Sec. 12. NRS 218.225 is hereby amended to read as follows: 218.225 1. At each regular session of the legislature, each legislator9-9
is entitled to receive at the expense of the legislative fund from the state9-10
printing division of the department of administration the following:9-11
(a) Not to exceed 2,000 letterheads ,9-12
and 2,000 half size, or 4,000 of either variety;9-13
(b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/49-14
envelopes, or 4,000 of either variety; and9-15
(c) Not to exceed 2,000 business cards and 1,000 memorandum sheets ,9-16
9-17
Selections must be made from samples submitted by the superintendent of9-18
the state printing division of the department of administration, and all9-19
printing must be done in the state printing division of the department of9-20
administration.9-21
2. Each female member of the assembly is entitled to have the word9-22
"Assemblywoman" precede the inscription of her name on her official9-23
stationery and business cards.9-24
3. All orders for the printing specified in subsection 1 must be placed9-25
by legislators with the director of the legislative counsel bureau, who shall9-26
approve those claims which comply with the provisions of this section and9-27
shall pay the claims from the legislative fund .9-28
9-29
4. A legislator may purchase from the state printing division of the9-30
department of administration official stationery, cards and other material9-31
appropriate to his official duties in excess of that specified in subsection 19-32
at his own expense.9-33
Sec. 13. NRS 218.230 is hereby amended to read as follows: 218.230 1.9-35
there must be paid to the9-36
for all services rendered by them under the provisions of this chapter, the9-37
following sums of money for each day’s employment and no more:9-38
SENATE9-39
Assistant director of bill services $749-40
Assistant secretary 1099-41
Assistant sergeant at arms 8210-1
Bill clerk $6010-2
Committee manager 10110-3
Committee secretary 8810-4
Deputy sergeant at arms 8810-5
Director of bill services 8010-6
Director of clerical services 10310-7
Executive assistant 10110-8
Finance secretary 9910-9
Front desk assistant 10110-10
History clerk 10110-11
Journal clerk 10110-12
Media clerk 10110-13
Recording clerk 10110-14
Secretary 8010-15
Senior committee secretary 9610-16
Senior page 7510-17
Sergeant at arms 10310-18
Typist 6810-19
Assembly10-20
Assistant chief clerk $10910-21
Assistant sergeant at arms 8210-22
Assistant supervisor of bill clerks 7410-23
Bill clerk 6010-24
Committee manager 10110-25
Committee secretary 8810-26
Deputy sergeant at arms 8810-27
Document clerk 10110-28
Executive assistant 10110-29
History clerk 10110-30
Journal clerk 10110-31
Media clerk 10110-32
Page 6010-33
Recording clerk 10110-34
Secretary 8010-35
Senior committee secretary 9610-36
Senior page 7510-37
Sergeant at arms 10310-38
Supervisor of bill clerks 8010-39
Supervisor of secretarial staff 10310-40
Typist 6810-41
Ways and means secretary 9911-1
2. During periods of adjournment to a day certain, employees of11-2
the legislature whose service is required shall perform duties as11-3
assigned and are entitled to be paid the amount specified in11-4
11-5
3. During periods before the commencement of a session and after11-6
the adjournment of a session sine die, employees of the legislature whose11-7
service is required shall perform duties as assigned and are entitled to be11-8
paid at an hourly rate commensurate with the daily rate specified in11-9
subsection 1.11-10
Sec. 14. NRS 218.240 is hereby amended to read as follows: 218.240 1. The legislative counsel and the legal division of the11-12
legislative counsel bureau shall prepare and assist in the preparation and11-13
amendment of legislative measures when requested or upon suggestion as11-14
provided in NRS 218.240 to 218.255, inclusive11-15
inclusive, of this act. Except as otherwise provided in those provisions, the11-16
legislative counsel and the legal division of the legislative counsel bureau11-17
shall not prepare or assist in the preparation and amendment of legislative11-18
measures directly submitted or requested by a natural person, corporation,11-19
firm, association or other entity, including an organization that represents11-20
governmental agencies, unless the requester, or if the requester is a natural11-21
person the office or other position held by the person, is created by the11-22
constitution or laws of this state.11-23
2.11-24
11-25
11-26
11-27
11-28
11-29
concerning any measure before the legislature which is requested by the11-30
governor, the senate or assembly, or any committee of the legislature11-31
having the measure before it for consideration.11-32
11-33
state printing division of the department of administration and request that11-34
he print or preset the type for printing a legislative measure before its11-35
introduction upon the consent of the person or persons requesting the11-36
measure. If the measure has been requested by a legislator, the11-37
superintendent shall promptly comply with this request.11-38
Sec. 15. NRS 218.241 is hereby amended to read as follows: 218.241 1. Upon request made within the time allowed and11-40
limits established11-41
NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this11-42
act, the legislative counsel shall advise any agency or officer of the11-43
executive branch of the state government, and12-1
school district or city, as to the preparation of measures to be submitted to12-2
the legislature.12-3
2. To ensure the greatest possible equity in the handling of requests,12-4
drafting must proceed as follows:12-5
(a) Requests for legislative measures from each agency or officer of the12-6
executive branch of the state government or from a county, school district12-7
or city must, insofar as is possible, be acted upon in the order in which they12-8
are received, unless a different priority is designated by the requester.12-9
(b) As soon as an agency or officer of the executive branch of the state12-10
government has requested 10 legislative measures for any session, the12-11
legislative counsel may request the agency or officer to designate the12-12
priority for each succeeding request.12-13
(c)12-14
of a regular session of the legislature, any county, school district or city12-15
which has requested the preparation of more than one legislative measure12-16
for that session shall submit to the legislative counsel a list which12-17
designates the order of priority for each request.12-18
The priority designated pursuant to this subsection must guide the12-19
legislative counsel in acting upon the requests of the respective agencies12-20
and officers of the executive branch of the state government and the12-21
counties, school districts and cities to ensure each agency and officer, and12-22
each county, school district and city, as nearly as is possible, an equal rank.12-23
Sec. 16. NRS 218.242 is hereby amended to read as follows: 218.242 Upon request, within the limits established pursuant to NRS12-25
218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or12-26
by the legislature by concurrent resolution, the legislative counsel shall12-27
assist any legislator in the preparation of bills and resolutions, drafting12-28
them in proper form, and furnishing the legislator the fullest information12-29
upon all matters within the scope of his duties. The legislative counsel12-30
shall, insofar as is possible, act upon all legislators’ requests for legislative12-31
measures in the order in which they are received. To assure the greatest12-32
possible equity in the handling of requests, drafting must proceed as12-33
follows:12-34
1. If he so desires, a legislator may designate a different priority for his12-35
bills and resolutions which the legislative counsel shall observe, insofar as12-36
is possible.12-37
2. The drafting of requests for legislative measures from chairmen or12-38
members of standing committees or special committees, on behalf of those12-39
committees, must not, except where urgency is recognized, take12-40
precedence over the priority established or designated for individual12-41
legislators’ bills and resolutions.13-1
Sec. 17. NRS 218.247 is hereby amended to read as follows: 218.247 1. The legislative counsel and the legal division of the13-3
legislative counsel bureau shall prepare and assist in the preparation13-4
13-5
13-6
13-7
legislative measures are transmitted to the legislative counsel before13-8
September 1 preceding the commencement of the next regular session of13-9
the legislature. The supreme court may transmit to the legislative counsel13-10
pursuant to this section not more than 20 legislative measures on behalf13-11
of the supreme court and district courts of this state and not more than 513-12
legislative measures on behalf of the municipal courts and justices’13-13
courts of this state.13-14
2. Every13-15
set forth the substance of the provisions desired or which may be needed13-16
with the reasons therefor.13-17
3. The legislative counsel13-18
13-19
13-20
pursuant to this section to the chairman of the committee on judiciary of13-21
each house at the next regular session of the legislature.13-22
Sec. 18. NRS 218.380 is hereby amended to read as follows: 218.38013-24
by the legislative counsel, or such person as he13-25
writing ,13-26
member of his staff to receive and receipt for the same in his name.13-27
Sec. 19. NRS 218.390 is hereby amended to read as follows: 218.390 1. An enrolled joint resolution proposing an amendment to13-29
the constitution of the State of Nevada13-30
13-31
official engrossed copy thereof to the secretary of state or such deputy or13-32
clerk as he designates in writing.13-33
2. The secretary of state shall cause the enrolled resolution and the13-34
engrossed copy thereof to be filed in his office, and shall deliver them to13-35
the presiding officer of the house in which the proposed amendment13-36
originated at the next ensuing session of the legislature. The enrolled13-37
resolution accompanied by the engrossed copy thereof must thereupon be13-38
laid before the house for action, and if approved by a majority of the13-39
members elected thereto, must again be deposited with and filed by the13-40
secretary of state so that it may be placed upon the ballot at the next13-41
ensuing general election.13-42
3. The history of the joint resolution containing a notation that it has13-43
been returned to the house of its origin by the secretary of state must be14-1
noted on the engrossed copy of the resolution, and must likewise appear14-2
upon the enrolled copy thereof. The enrolled copy must bear the original14-3
signatures of the presiding officers and secretary and clerk of the14-4
respective houses for both sessions of the legislature at which the proposed14-5
amendment to the constitution was considered.14-6
4. The secretary of state shall cause all proposed amendments to the14-7
constitution to be published in the printed volume of the statutes for each14-8
year when they have been considered by the legislature.14-9
Sec. 20. NRS 218.400 is hereby amended to read as follows: 218.400 1. As soon as an enrolled bill14-11
delivered to the governor, any person duly authorized shall endorse by14-12
stamp, on the back of the enrolled copy of such bill ,14-13
over his signature, from whom and which house the bill was received, the14-14
date and hour of receipt, and the number of pages comprising the14-15
bill, and shall compute and note thereon the time limit for action by the14-16
governor, excluding the day of receipt and Sundays, which14-17
exceed the constitutional limit for such action.14-18
2. Within such time limit the bill14-19
approved, be signed by the governor immediately after the signatures of14-20
the officials of both houses as follows:14-21
State of Nevada14-22
Executive Department14-23
Approved14-24
.....a.m.....p.m.14-25
........(month)........(day)........(year)14-26
.........................(Governor)14-27
3. Immediately following such approval, without alteration or14-28
correction, the bill14-29
secretary of state, who shall endorse on the back thereof, following the14-30
endorsement of such duly authorized person:14-31
Received and filed.14-32
.....(hour)14-33
........(month)........(day)........(year)14-34
...................(Secretary of State)14-35
Sec. 21. NRS 218.410 is hereby amended to read as follows: 218.410 The secretary of state, or such deputy or clerk as he14-37
14-38
15-1
15-2
pages contained therein, and the hour and date received. Such receipt15-3
15-4
Sec. 22. NRS 218.420 is hereby amended to read as follows: 218.420 1. If the governor does not approve a bill15-6
15-7
presented to him, the bill15-8
15-9
15-10
objections thereto,15-11
2. Such house shall thereupon proceed to reconsider the vetoed bill15-12
15-13
houses by a two-thirds vote of the members elected to each house, the bill15-14
15-15
a law notwithstanding the objections of the governor, and15-16
delivered by the legislative counsel directly to the secretary of state for15-17
filing, who shall receipt to the legislative counsel therefor.15-18
Sec. 23. NRS 218.430 is hereby amended to read as follows: 218.430 1. If the legislature ,15-20
15-21
after delivery to the governor, Sundays excepted, the bill15-22
15-23
his signature, unless within 10 days next after the adjournment, Sundays15-24
excepted, he15-25
objections thereto with the secretary of state.15-26
2. The secretary of state shall lay the bill15-27
the legislature at its next regular session in like manner as if it had been15-28
returned by the governor directly to the house in which it originated. If the15-29
bill15-30
members elected to each house of the legislature, upon a vote taken by15-31
yeas and nays, to be entered upon the journals of each house, the bill15-32
15-33
becomes a law and must be delivered by the legislative counsel directly to15-34
the secretary of state for filing, who shall receipt to the legislative counsel15-35
therefor.15-36
Sec. 24. NRS 218.440 is hereby amended to read as follows: 218.440 1. The secretary of state shall, after the final adjournment of15-38
each session of the legislature, cause all legislative bills15-39
15-40
joint resolutions, concurrent resolutions and memorials to be bound in a15-41
substantial and suitable book or books, together with an index thereof.15-42
2. The expenses incurred in such work must be paid by the state in the15-43
manner directed by the state board of examiners.16-1
Sec. 25. NRS 218.500 is hereby amended to read as follows: 218.500 1. The secretary of state shall furnish to the superintendent16-3
of the state printing division of the department of administration, within 316-4
days16-5
16-6
memorials passed at each session.16-7
2. The director of the legislative counsel bureau shall:16-8
(a) Distribute one copy of each act as printed to each county clerk,16-9
district judge, district attorney and justice of the peace in the state.16-10
(b) Immediately upon the adjournment of the session, collect and have16-11
printed and bound advance sheets of all acts, resolutions and memorials16-12
passed at the session.16-13
(c) Distribute one copy of the advance sheets, without charge, to each16-14
justice of the supreme court, the attorney general, the state public defender,16-15
and to each county clerk, district judge, district attorney, county public16-16
defender, justice of the peace, city attorney and municipal judge in the16-17
state, deliver to the supreme court law library a number of copies16-18
appropriate to secure the exchange of similar publications from other16-19
states, and establish the price at which the advance sheets must be sold to16-20
other persons.16-21
3. The legislative counsel shall, immediately upon the adjournment of16-22
the session, prepare statutory tables and an index of all acts, resolutions16-23
and memorials passed at the session.16-24
4. The superintendent, upon receipt of the statutory tables and index,16-25
shall prepare bound volumes of the Statutes of Nevada as provided in NRS16-26
218.510.16-27
Sec. 26. NRS 218.5375 is hereby amended to read as follows: 218.5375 1. There is hereby created a legislative committee on16-29
workers’ compensation. The committee consists of:16-30
(a) Four members appointed by the majority leader of the senate, in16-31
consultation with the minority leader of the senate, from the membership16-32
of the senate standing committee16-33
jurisdiction of issues relating to workers’ compensation during the16-34
immediately preceding session of the legislature.16-35
(b) Four members appointed by the speaker of the assembly from the16-36
membership of the assembly standing committee16-37
16-38
compensation during the immediately preceding session of the legislature.16-39
The members must represent each political party represented in the16-40
assembly in the approximate proportion that they are represented in that16-41
house, but at least one member must be chosen from each political party.16-42
2. The members of the committee shall elect a chairman and vice16-43
chairman from among their members. The chairman must be elected from17-1
one house of the legislature and the vice chairman from the other house.17-2
After the initial election of a chairman and vice chairman, each of those17-3
officers holds office for a term of 2 years commencing on July 1 of each17-4
odd-numbered year. If a vacancy occurs in the chairmanship or vice17-5
chairmanship, the members of the committee shall elect a replacement for17-6
the remainder of the unexpired term.17-7
3. Any member of the committee who is not a candidate for reelection17-8
or who is defeated for reelection continues to serve until the convening of17-9
the next session of the legislature.17-10
4. Vacancies on the committee must be filled in the same manner as17-11
original appointments.17-12
Sec. 27. NRS 218.610 is hereby amended to read as follows: 218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 717-14
and 8 of this act, "agency of the state" includes all offices, departments,17-15
boards, commissions or institutions of the state, and the state industrial17-16
insurance system.17-17
Sec. 28. NRS 218.640 is hereby amended to read as follows: 218.64017-19
Money to carry out the functions of the legislative counsel bureau must be17-20
provided by legislative appropriation from the state general fund to the17-21
legislative fund .17-22
17-23
legislative counsel bureau or his designee before they are paid.17-24
Sec. 29. NRS 218.644 is hereby amended to read as follows: 218.644 1. The legislative counsel bureau shall maintain a checking17-26
account in any qualified bank for the purposes of providing advance17-27
money and reimbursement to legislators and employees for travel17-28
expenses, paying the salaries of persons on the payroll of the legislative17-29
branch of government, related payroll costs , other expenses which may or17-30
must be paid from the legislative fund and any other expenses directed by17-31
the legislative commission. The account must be secured by a depository17-32
bond to the extent the account is not insured by the Federal Deposit17-33
Insurance Corporation. All checks written on this account must be signed17-34
by the chairman of the legislative commission and the director of the17-35
legislative counsel bureau or his designee, except that during a regular17-36
session of the legislature, the majority leader of the senate and the speaker17-37
of the assembly shall sign the checks.17-38
2. A request for advance money for travel constitutes a lien in favor of17-39
the legislative fund upon the accrued salary, subsistence allowance and17-40
travel expenses of the legislator or employee in an amount equal to the sum17-41
advanced.17-42
3. The legislator or employee is entitled to receive upon request any17-43
authorized travel expenses in excess of the amount advanced. The18-1
legislator or employee shall reimburse the legislative fund any amount18-2
advanced that is not used for reimbursable travel expenses.18-3
Sec. 30. NRS 218.6824 is hereby amended to read as follows: 218.6824 1. There is hereby created a budget subcommittee of the18-5
legislative commission.18-6
2. The chairman of the legislative commission shall appoint to the18-7
subcommittee the persons designated by the speaker designate of the18-8
assembly to be members of the assembly standing committee on ways and18-9
means and the persons designated by the majority leader designate of the18-10
senate to be members of the senate standing committee on finance for the18-11
next ensuing session of the legislature.18-12
3. The budget subcommittee shall conclude its activities before the18-13
next regular legislative session is convened.18-14
4. The budget subcommittee shall18-15
18-16
18-17
18-18
18-19
by the legislature at the next ensuing session.18-20
Sec. 31. NRS 218.685 is hereby amended to read as follows: 218.685 Notwithstanding the provisions of NRS 218.150 and 218.180,18-22
between sessions of the legislature, the director of the legislative counsel18-23
bureau, with the approval of the legislative commission, may appoint such18-24
technical, clerical and operational staff as the functions and operations of18-25
the legislature may require. Salaries and18-26
18-27
Sec. 32. NRS 218.697 is hereby amended to read as follows: 218.697 1. Upon request, the legislative counsel shall represent any18-29
legislator in any matter before the commission on ethics.18-30
2. When deemed necessary or advisable to protect the official interests18-31
of the legislature or one or more legislative committees, the legislative18-32
commission, or the chairman of the legislative commission in cases where18-33
action is required before a meeting of the legislative commission is18-34
scheduled to be held, may direct the legislative counsel and his staff to18-35
appear in, commence, prosecute, defend or intervene in any action, suit,18-36
matter, cause or proceeding in any court or agency of this state or of the18-37
United States.18-38
3.18-39
the expenses and costs incurred pursuant to this section18-40
18-41
Sec. 33. NRS 233B.050 is hereby amended to read as follows: 233B.050 1. In addition to other regulation-making requirements18-43
imposed by law, each agency shall:19-1
(a) Adopt rules of practice, setting forth the nature and requirements of19-2
all formal and informal procedures available, including a description of all19-3
forms and instructions used by the agency.19-4
(b) Make available for public inspection all rules of practice and19-5
regulations adopted or used by the agency in the discharge of its functions19-6
and that part of the Nevada Administrative Code which contains its19-7
regulations.19-8
(c) Make available for public inspection all final orders, decisions and19-9
opinions except those expressly made confidential or privileged by statute.19-10
(d) Review its rules of practice at least once every 3 years and file with19-11
the secretary of state a statement setting forth the date on which the most19-12
recent review of those rules was completed and describing any revisions19-13
made as a result of the review.19-14
(e) Review its regulations at least once every 10 years to determine19-15
whether it should amend or repeal any of the regulations. Within 30 days19-16
after completion of the review, the agency shall submit a report to the19-17
19-18
regular session of the legislature. The report must include the date on19-19
which the agency completed its review of the regulations and describe any19-20
regulation that must be amended or repealed as a result of the review.19-21
19-22
19-23
19-24
2. A regulation, rule, final order or decision of an agency is not valid19-25
or effective against any person or party, nor may it be invoked by the19-26
agency for any purpose, until it has been made available for public19-27
inspection as required in this section, except that this provision does not19-28
apply in favor of any person or party who has actual knowledge thereof.19-29
Sec. 34. NRS 233B.0665 is hereby amended to read as follows: 233B.0665 If a regulation submitted to the legislative counsel bureau19-31
pursuant to NRS 233B.067 is not accompanied by an informational19-32
statement which complies with the requirements of NRS 233B.066, the19-33
19-34
the agency with a note that the statement is missing. Unless the statement19-35
is supplied, the19-36
regulation to the commission, and the regulation never becomes effective.19-37
If the statement is supplied, the time for action upon the regulation must be19-38
computed from the date of delivering the statement to the19-39
legislative counsel.19-40
Sec. 35. NRS 233B.067 is hereby amended to read as follows: 233B.067 1. After adopting a permanent regulation, the agency shall19-42
submit the informational statement prepared pursuant to NRS 233B.06619-43
and one copy of each regulation adopted to the20-1
counsel20-2
refer it to a joint interim committee, to determine whether the regulation20-3
conforms to the statutory authority pursuant to which it was adopted and20-4
whether the regulation carries out the intent of the legislature in granting20-5
that authority. The20-6
original and the copy of each adopted regulation the date of their receipt.20-7
The20-8
in a file and make the copy available for public inspection for 2 years.20-9
2. If an agency submits an adopted regulation to the20-10
legislative counsel20-11
(a) The agency is required to adopt pursuant to a federal statute or20-12
regulation; and20-13
(b) Exceeds the specific statutory authority of the agency or sets forth20-14
requirements that are more stringent than a statute of this state,20-15
it shall include a statement that adoption of the regulation is required by a20-16
federal statute or regulation. The statement must include the specific20-17
citation of the federal statute or regulation requiring such adoption.20-18
3. The legislative commission, or the joint interim committee if the20-19
commission has referred it to such a committee, shall review the regulation20-20
at its next regularly scheduled meeting if the regulation is received more20-21
than 10 working days before the meeting and a regular meeting is held20-22
within 35 days after receipt of the regulation. The commission may appoint20-23
a committee composed of three or more members of the commission or20-24
any joint interim committee to examine proposed regulations received20-25
more than 35 days before a regular meeting is scheduled to be held.20-26
4. The legislative commission shall notify the20-27
counsel of the results of its review within 30 days after receipt of the20-28
regulation from the agency. If the commission does not object to the20-29
regulation, the20-30
of state within 35 days after receipt from the agency and notify the agency20-31
of the filing. If the commission objects to the regulation after determining20-32
that:20-33
(a) If subsection 2 is applicable, the regulation is not required pursuant20-34
to a federal statute or regulation;20-35
(b) The regulation does not conform to statutory authority; or20-36
(c) The regulation does not carry out legislative intent,20-37
the20-38
notice of the objection of the commission, including a statement of the20-39
reasons for its objection, and shall promptly return the regulation to the20-40
agency.20-41
Sec. 36. NRS 233B.0675 is hereby amended to read as follows: 233B.0675 1. If the legislative commission has objected to a20-43
regulation, the agency may revise it and return it to the21-1
legislative counsel .21-2
21-3
commission at its next regularly scheduled meeting. If the commission21-4
does not object to the revised regulation, the21-5
shall promptly file the revised regulation with the secretary of state and21-6
notify the agency of the filing.21-7
2. If the legislative commission objects to the revised regulation, the21-8
agency may continue to revise it and resubmit it to the commission.21-9
3. If the agency refuses to revise a regulation to which the legislative21-10
commission has objected, the commission may suspend the filing of the21-11
regulation until the 30th day of the next regular session of the legislature.21-12
Before the 30th day of the next regular session the legislature may, by21-13
concurrent resolution, declare that the regulation will not become effective.21-14
The21-15
regulation will not be filed and must not be enforced. If the legislature has21-16
not so declared by the 30th day of the session, the21-17
counsel shall promptly file the regulation and notify the agency of the21-18
filing.21-19
Sec. 37. NRS 233B.0681 is hereby amended to read as follows: 233B.0681 The legislative commission may provide for:21-21
1. Its early review of a regulation after the agency has given notice of21-22
a hearing on the regulation but before the hearing is held. If the regulation21-23
adopted after the hearing is identical to the regulation submitted for early21-24
review, the21-25
with the secretary of state and notify the agency of the filing.21-26
2. A waiver of its review of a regulation in a case of administrative21-27
convenience or necessity.21-28
Sec. 38. NRS 233B.070 is hereby amended to read as follows: 233B.070 1. A permanent regulation becomes effective when the21-30
21-31
the original of the final draft or revision of a regulation, except as21-32
otherwise provided in NRS 233B.0665 or where a later date is specified in21-33
the regulation.21-34
2. A temporary or emergency regulation becomes effective when the21-35
agency files with the secretary of state the original of the final draft or21-36
revision of a regulation, together with the informational statement prepared21-37
pursuant to NRS 233B.066. The agency shall also file a copy of the21-38
temporary or emergency regulation with the legislative counsel ,21-39
together with the informational statement prepared pursuant to NRS21-40
233B.066.21-41
3. The secretary of state shall maintain the original of the final draft or21-42
revision of each regulation in a permanent file to be used only for the21-43
preparation of official copies.22-1
4. The secretary of state shall file, with the original of each agency’s22-2
rules of practice, the current statement of the agency concerning the date22-3
and results of its most recent review of those rules.22-4
5. Immediately after each permanent or temporary regulation is filed,22-5
the agency shall deliver one copy of the final draft or revision, bearing the22-6
stamp of the secretary of state indicating that it has been filed, including22-7
material adopted by reference which is not already filed with the state22-8
library and archives administrator, to the state library and archives22-9
administrator for use by the public. If the agency is a licensing board as22-10
defined in NRS 439B.225 and it has adopted a permanent regulation22-11
relating to standards for licensing or for the renewal of a license issued to a22-12
person or facility regulated by the agency, the agency shall also deliver one22-13
copy of the regulation, bearing the stamp of the secretary of state, to the22-14
legislative committee on health care within 10 days after the regulation is22-15
filed with the secretary of state.22-16
6. Each agency shall furnish a copy of all or part of that part of the22-17
Nevada Administrative Code which contains its regulations, to any person22-18
who requests a copy, and may charge a reasonable fee for the copy based22-19
on the cost of reproduction if it does not have money appropriated or22-20
authorized for that purpose.22-21
7. An agency which publishes any regulations included in the Nevada22-22
Administrative Code shall use the exact text of the regulation as it appears22-23
in the Nevada Administrative Code, including the leadlines and numbers of22-24
the sections. Any other material which an agency includes in a publication22-25
with its regulations must be presented in a form which clearly distinguishes22-26
that material from the regulations.22-27
Sec. 39. NRS 233B.115 is hereby amended to read as follows: 233B.115 1. Any person who objects to the content of a form22-29
required by an agency to be used in submitting an application, making a22-30
declaration or providing other information may request the legislative22-31
commission to determine whether the information required and the22-32
instructions for its preparation conform to the statutory authority pursuant22-33
to which the agency requires it. The legislative commission may also make22-34
such a determination on its own motion.22-35
2. If the legislative commission finds that any part of the information22-36
or instructions does not conform to statutory authority, the22-37
legislative counsel22-38
3. After notification by the22-39
22-40
may revise the form to conform to statutory authority and resubmit it to the22-41
legislative commission. The agency shall not use the form until it has22-42
submitted a revised version to the legislative commission and the22-43
commission has approved the form.23-1
4. If the agency refuses to revise the form, it shall not use the form23-2
until after the expiration of the first 30 days of the next regular session of23-3
the legislature. Before the 30th day of the next regular session the23-4
legislature may, by concurrent resolution, declare that the form must not be23-5
used. The23-6
that it shall not use the form. If the legislature has not so declared by the23-7
30th day of the session, the23-8
notify the agency that it may use the form.23-9
Sec. 40. NRS 353.090 is hereby amended to read as follows: 353.090 1. Except for claims against the legislative fund or for the23-11
payment of the salaries of public officers, every claim for payment from23-12
the state treasury pursuant to an appropriation or authorization by the23-13
legislature must be presented to the state board of examiners for a23-14
determination of its correctness. The state board of examiners may adopt23-15
regulations providing for the use of sampling procedures and postaudit23-16
techniques for making such a determination.23-17
2. Any money which:23-18
(a) Is allocated to this state pursuant to a federal program in the form of23-19
a letter of credit or its equivalent;23-20
(b) Is authorized for expenditure by the legislature;23-21
(c) Has not been deposited in the state treasury; and23-22
(d) Is immediately available to this state through an automated federal23-23
payment management system,23-24
shall be deemed to be available for a claim for payment from the state23-25
treasury.23-26
3. The state controller shall not allow or draw his warrant for:23-27
(a) Any claim of the class described in this section which has not been23-28
approved by the state board of examiners; or23-29
(b) A greater amount than allowed by the board,23-30
except when the claim has not been acted upon by the board within 3023-31
days after its presentation to the board.23-32
Sec. 41. NRS 353.211 is hereby amended to read as follows: 353.211 1. On or before October 15 of each even-numbered year,23-34
the chief shall provide to the fiscal analysis division of the legislative23-35
counsel bureau:23-36
(a) Computerized budget files containing the actual data regarding23-37
revenues and expenditures for the previous year;23-38
(b) The work programs for the current year; and23-39
(c) Each agency’s requested budget for the next 2 fiscal years.23-40
2. On or before December 31 of each even-numbered year, the chief23-41
shall provide to the fiscal analysis division:23-42
(a) Each agency’s adjusted base budget by budgetary account for the23-43
next 2 fiscal years; and24-1
(b) An estimated range of the costs for:24-2
(1) Continuing the operation of state government; and24-3
(2) Providing elementary, secondary and higher public education,24-4
at the current level of service.24-5
3. The information provided to the fiscal analysis division pursuant to24-6
subsections 1 and 2 is open for public inspection.24-7
24-8
24-9
24-10
24-11
24-12
24-13
24-14
Sec. 42. NRS 353.230 is hereby amended to read as follows: 353.230 1. The chief shall review the estimates, altering, revising,24-16
increasing or decreasing the items of the estimates as he may deem24-17
necessary in view of the needs of the various departments, institutions and24-18
agencies in the executive department of the state government and the total24-19
anticipated income of the state government and of the various departments,24-20
institutions and agencies of the executive department during the next fiscal24-21
year. In performing the duties required by this subsection, the chief shall24-22
use the projections and estimates prepared by the economic forum pursuant24-23
to NRS 353.228.24-24
2. The chief shall meet with a fiscal analyst of the legislative counsel24-25
bureau or his designated representative and personnel of the various24-26
departments, institutions and agencies of the executive department to24-27
discuss:24-28
(a) The budgetary requests of each department, institution and agency;24-29
and24-30
(b) The budgetary recommendations of the budget division for each24-31
department, institution and agency,24-32
for the next 2 fiscal years. The chief shall allow the fiscal analyst of the24-33
legislative counsel bureau or his designated representative full access to all24-34
materials connected with the review.24-35
3. The chief shall then prepare a final version of the proposed budget,24-36
in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it24-37
to the governor. The final version of the proposed budget must include the24-38
adjusted base budget for each department, institution and agency of the24-39
executive department, the costs for continuing each program at the current24-40
level of service and the costs, if any, for new programs, recommended24-41
enhancements of existing programs or reductions for the departments,24-42
institutions and agencies of the executive department for the next 2 fiscal24-43
years. All projections of revenue and any other information concerning25-1
future state revenue contained in the proposed budget must be based upon25-2
the projections and estimates prepared by the economic forum pursuant to25-3
NRS 353.228.25-4
4. The governor shall ,25-5
25-6
commencement of the regular legislative session25-7
budget to the director of the legislative counsel bureau for transmittal to25-8
the legislature. The governor shall simultaneously submit, as a separate25-9
document:25-10
(a) An analysis of any new programs or enhancements of existing25-11
programs being recommended; and25-12
(b) Any increase in or new revenues which are being recommended in25-13
the proposed budget.25-14
The document must specify the total cost by department, institution or25-15
agency of new programs or enhancements, but need not itemize the25-16
specific costs. All projections of revenue and any other information25-17
concerning future state revenue contained in the document must be based25-18
upon the projections and estimates prepared by the economic forum25-19
pursuant to NRS 353.228.25-20
5. On or before the25-21
session, the governor shall submit to the legislative counsel25-22
recommendations for each legislative measure which will be necessary to25-23
carry out the final version of the proposed budget. These recommendations25-24
must contain sufficient detailed information to enable the legislative25-25
counsel to prepare the necessary legislative measures.25-26
6. During the consideration of the general appropriation bill and any25-27
special appropriation bills and bills authorizing budgeted expenditures by25-28
the departments, institutions and agencies operating on money designated25-29
for specific purposes by the constitution or otherwise, drafted at the request25-30
of the legislature upon the recommendations submitted by the governor25-31
with the proposed budget, the governor or his representative have the right25-32
to appear before and be heard by the appropriation committees of the25-33
legislature in connection with the appropriation bill or bills, and to render25-34
any testimony, explanation or assistance required of him.25-35
Sec. 43. This act becomes effective on July 1, 1999.~