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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the state legislature; establishing certain limitations on the drafting of requests for legislation; authorizing the appointment of committees to conduct certain activities before the commencement of a regular session; making various changes regarding expenditures from the legislative fund; repealing the provisions requiring the submission of joint resolutions to the governor for approval; clarifying references to certain standing committees; revising the duties of the legislative counsel regarding administrative regulations; making various changes regarding the dissemination of certain budgetary information; and providing other matters properly relating thereto.

 

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 thereto

1-2 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 or

1-4 concurrent resolution of the legislature, the legislative counsel shall

1-5 honor:

1-6 (a) The number of requests for the drafting of a bill or resolution for a

1-7 regular session of the legislature only as provided in NRS 218.240 to

1-8 218.255, 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 regular

1-10 session of the legislature only if the request is received by the legislative

2-1 counsel on or before December 15 preceding the commencement of that

2-2 session.

2-3 (c) A request for the drafting of a bill or resolution for any session of

2-4 the legislature which is submitted by a state agency, board or department,

2-5 a local government, the judiciary or another authorized nonlegislative

2-6 requester only if the request is in a subject related to the function of the

2-7 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 resolution

2-10 for any session of the legislature to establish the priority of the request

2-11 until sufficient detail has been received to allow complete drafting of the

2-12 legislative measure.

2-13 (b) Honor a request to change the subject matter of a request for the

2-14 drafting of a bill or resolution for any session of the legislature after it

2-15 has been submitted for drafting.

2-16 (c) Honor a request for the drafting of a bill or resolution for any

2-17 session of the legislature which has been combined in violation of section

2-18 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 10

2-21 legislative measures before the commencement of a regular legislative

2-22 session.

2-23 (b) Senator may request the drafting of not more than 20 legislative

2-24 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 immediately

2-27 preceding regular legislative session, or a person designated in the place

2-28 of the chairman by the speaker of the assembly or the majority leader of

2-29 the senate, as the case may be, may request before the commencement of

2-30 the next regular legislative session the drafting of not more than 1

2-31 legislative measure for introduction by the committee in a subject within

2-32 the jurisdiction of the committee for every 15 legislative measures that

2-33 were referred to the respective standing committee during the

2-34 immediately preceding regular legislative session.

2-35 (b) A person designated after a general election as a chairman of a

2-36 standing committee for the next regular legislative session, or a person

2-37 designated in the place of a chairman by the person designated as the

2-38 speaker of the assembly or majority leader of the senate for the next

2-39 regular legislative session, may request before the commencement of the

2-40 next regular legislative session the drafting of the remaining number of

2-41 the legislative measures allowed for the respective standing committee

2-42 that were not requested by the previous chairman or designee.

3-1 Sec. 4. 1. In addition to the number authorized pursuant to section

3-2 3 of this act:

3-3 (a) The speaker of the assembly and the majority leader of the senate

3-4 may each request before or during a regular legislative session, without

3-5 limitation, the drafting of not more than 15 legislative measures for that

3-6 session.

3-7 (b) The minority leader of the assembly and the minority leader of the

3-8 senate may each request before or during a regular legislative session,

3-9 without limitation, the drafting of not more than 10 legislative measures

3-10 for that session.

3-11 (c) A person designated after a general election as the speaker of the

3-12 assembly, the majority leader of the senate, the minority leader of the

3-13 assembly or the minority leader of the senate for the next regular

3-14 legislative session may request the drafting of the remaining number of

3-15 the legislative measures allowed for the respective officer that were not

3-16 requested by the previous officer.

3-17 2. The secretary of the senate and the chief clerk of the assembly

3-18 may request before or during a regular legislative session, without

3-19 limitation, the drafting of as many legislative measures as are necessary

3-20 or convenient for the proper exercise of their duties.

3-21 Sec. 5. 1. The chairman of the legislative commission may request

3-22 the drafting of not more than 15 legislative measures before the

3-23 commencement of a regular legislative session, with the approval of the

3-24 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 the

3-27 drafting of not more than 10 legislative measures before the

3-28 commencement of a regular legislative session, with the approval of the

3-29 committee, which relate to matters within the scope of the committee.

3-30 3. Except as otherwise provided by specific statute or concurrent

3-31 resolution of the legislature:

3-32 (a) Any other legislative committee created by statute may request the

3-33 drafting of not more than 10 legislative measures before the

3-34 commencement of a regular legislative session, which relate to matters

3-35 within the scope of the committee.

3-36 (b) An interim committee which conducts a study or investigation

3-37 pursuant to subsection 5 of NRS 218.682 may request the drafting of not

3-38 more than 10 legislative measures before the commencement of a regular

3-39 legislative session, which relate to matters within the scope of the study or

3-40 investigation, except that such a committee may request the drafting of

3-41 additional legislative measures before the commencement of a regular

3-42 legislative session if the legislative commission approves each additional

3-43 request by a majority vote.

4-1 (c) Any other committee established by the legislature which conducts

4-2 an interim legislative study may request the drafting of not more than 10

4-3 legislative measures before the commencement of a regular legislative

4-4 session, which relate to matters within the scope of the study.

4-5 Sec. 6. 1. The governor or his designated representative may

4-6 transmit to the legislative counsel before the commencement of a regular

4-7 legislative session not more than 250 requests for the drafting of

4-8 legislative measures approved on behalf of state agencies, boards and

4-9 departments of the executive branch of state government pursuant to

4-10 subsection 1 of NRS 218.245, except that the department of

4-11 administration may request on or before the first day of the legislative

4-12 session, without limitation, the drafting of as many legislative measures

4-13 as are necessary to implement the budget proposed by the governor and

4-14 to provide for the fiscal management of the state.

4-15 2. The constitutional officers may request the drafting of not more

4-16 than the following numbers of legislative measures before the

4-17 commencement of a regular legislative session:

4-18 Lieutenant governor 2

4-19 Secretary of state 15

4-20 State treasurer 5

4-21 State controller 5

4-22 Attorney general 35

4-23 3. The board of regents of the University of Nevada may request the

4-24 drafting of not more than 5 legislative measures on behalf of the

4-25 University and Community College System of Nevada before the

4-26 commencement of a regular legislative session.

4-27 Sec. 7. If the governor elects to communicate the message required

4-28 pursuant to section 10 of article 5 of the Nevada constitution before the

4-29 commencement of a regular session of the legislature, the chairman of

4-30 the legislative commission may, on behalf of the legislative commission

4-31 pursuant to subsection 5 of NRS 218.682, appoint a special committee to

4-32 receive that message. A special committee appointed pursuant to this

4-33 section:

4-34 1. Must consist of all persons elected or appointed to serve as a

4-35 senator or assemblyman during the next ensuing regular session of the

4-36 legislature.

4-37 2. Shall receive the governor’s message and conclude its activities

4-38 upon the completion of that message.

4-39 Sec. 8. The legislative commission may, pursuant to subsection 5 of

4-40 NRS 218.682, appoint one or more special committees before the

5-1 commencement of a regular session of the legislature. Each special

5-2 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 an

5-5 assembly standing committee, other than the assembly standing

5-6 committee on ways and means, for the next ensuing regular session of

5-7 the legislature; or

5-8 (b) Majority leader designate of the senate to serve as members of a

5-9 senate standing committee, other than the senate standing committee on

5-10 finance, for the next ensuing regular session of the legislature.

5-11 2. May meet to consider issues that may require consideration during

5-12 the next ensuing session by the standing committee upon which the

5-13 members of the special committee have been designated to serve.

5-14 3. Shall conclude its activities before the commencement of the next

5-15 ensuing session.

5-16 Sec. 9. NRS 218.085 is hereby amended to read as follows:

5-17 218.085 1. The legislative fund is hereby created as a special

5-18 revenue fund for the use of the legislature, and where specifically

5-19 authorized by law, for the use of the legislative counsel bureau.

5-20 2. Support for the legislative fund must be provided by legislative

5-21 appropriation from the state general fund.

5-22 3. Expenditures from the legislative fund may be made for:

5-23 (a) The payment of necessary [operating] expenses of the senate;

5-24 (b) The payment of necessary [operating] expenses of the assembly;

5-25 (c) The payment of [the] necessary improvements to the legislative

5-26 building and its grounds;

5-27 (d) The payment of expenses for the interim operation of the legislature;

5-28 and

5-29 (e) The payment of necessary [operating] expenses of, but not limited

5-30 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; and

5-36 (6) The administrative division,

5-37 of the legislative counsel bureau.

5-38 4. Expenditures from the legislative fund for purposes other than those

5-39 specified in subsection 3 or authorized specifically by another statute may

5-40 be made only upon the authority of a concurrent resolution regularly

5-41 adopted by the senate and assembly.

5-42 5. [Except as otherwise provided in NRS 218.644, all] All money in

5-43 the legislative fund must be paid out on claims approved by the director of

6-1 the legislative counsel bureau or his designee . [as other claims against the

6-2 state are paid.]

6-3 Sec. 10. NRS 218.210 is hereby amended to read as follows:

6-4 218.210 [1. Each senator elected before November 4, 1986, or

6-5 appointed to succeed a senator elected before November 4, 1986, is

6-6 entitled to receive as compensation $104 per day for each day of service:

6-7 (a) During any regular session, for the number of days the legislature is

6-8 in session, or in adjournment for not more than 3 days, or the maximum

6-9 number of days for which compensation for a regular session is permitted

6-10 by the constitution, whichever is smaller; and

6-11 (b) During any special session, for the number of days the legislature is

6-12 in session or the maximum number of days for which compensation for a

6-13 special session is permitted by the constitution, whichever is smaller.

6-14 2.] Each senator and assemblyman [elected on or after November 4,

6-15 1986, or appointed to succeed a senator or assemblyman elected on or after

6-16 November 4, 1986,] is entitled to receive as compensation $130 per day for

6-17 each day of service:

6-18 [(a)] 1. During any regular session, for the number of days the

6-19 legislature is in session, or in adjournment for not more than 3 days, or the

6-20 maximum number of days for which compensation for a regular session is

6-21 permitted by the constitution, whichever is smaller; and

6-22 [(b)] 2. During any special session, for the number of days the

6-23 legislature is in session or the maximum number of days for which

6-24 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:

6-27 218.220 1. The per diem expense allowance and the travel and

6-28 telephone expenses of senators and assemblymen elected or appointed and

6-29 in attendance at any session or presession orientation conference of the

6-30 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 a

6-32 session or presession orientation conference of the legislature, and for

6-33 return travel from Carson City, Nevada, to his home upon adjournment

6-34 sine die of a session or termination of a presession orientation conference

6-35 of the legislature, each senator and assemblyman is entitled to receive:

6-36 (a) A per diem expense allowance , not to exceed the [greater of:

6-37 (1) The rate of $44; or

6-38 (2) The] maximum rate established by the Federal Government for

6-39 the [locality in which the travel is performed,] Carson City area, for one

6-40 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 by

7-2 subsection 2, each senator and assemblyman is entitled to receive a

7-3 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 the

7-6 session;

7-7 (2) Travel to and from his home or temporary residence or for

7-8 traveling to and from legislative committee and subcommittee meetings or

7-9 hearings or for individual travel within the state which relates to legislative

7-10 business; and

7-11 (3) If he rents furniture for his temporary residence rather than

7-12 moving similar furniture from his home, the cost of renting that furniture

7-13 not to exceed the amount that it would have cost to move the furniture to

7-14 and from his home; and

7-15 (b) A total of $1,000 during each special session of the legislature for

7-16 travel to and from his home or temporary residence or for traveling to and

7-17 from legislative committee and subcommittee meetings or hearings or for

7-18 individual travel within the state which relates to legislative business.

7-19 4. Each senator and assemblyman is entitled to receive a per diem

7-20 expense allowance , not to exceed the [greater of:

7-21 (a) The rate of $44; or

7-22 (b) The] maximum rate established by the Federal Government for the

7-23 [locality in which the travel is performed,] Carson City area, for each day

7-24 that the legislature is in session or in a presession orientation conference

7-25 and for each day that he attends a meeting of a standing committee of

7-26 which he is a member when the legislature has adjourned for more than 4

7-27 days.

7-28 5. Each senator and assemblyman who maintains temporary quarters

7-29 in or near Carson City for which he has entered into a lease or other

7-30 agreement for continuous occupancy for the duration of a legislative

7-31 session is entitled to receive a lodging allowance equal to that portion of

7-32 the expense allowance which the legislative commission designates by rule

7-33 as being allocated to lodging, for not more than 14 days in each period in

7-34 which:

7-35 (a) The legislature has adjourned until a time certain; and

7-36 (b) The senator or assemblyman is not entitled to a per diem expense

7-37 allowance pursuant to subsection 4.

7-38 6. In addition to the per diem expense allowance authorized by

7-39 subsection 4 and the lodging allowance authorized by subsection 5, each

7-40 senator and assemblyman who maintains temporary quarters in or near

7-41 Carson City for which he has entered into a lease or other agreement for

7-42 continuous occupancy for the duration of a legislative session is entitled to

7-43 receive a lodging allowance equal to that portion of the expense allowance

8-1 which the legislative commission designates by rule as being allocated to

8-2 lodging, for not more than 17 days in each period in which:

8-3 (a) The legislature has adjourned for more than 4 days; and

8-4 (b) The senator or assemblyman must obtain temporary lodging in a

8-5 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 lodging

8-7 allowance equal to that portion of the expense allowance which the

8-8 legislative commission designates by rule as being allocated to lodging, for

8-9 not more than 6 days in each period in which:

8-10 (a) The legislature has adjourned for more than 4 days; and

8-11 (b) The senator or assemblyman must obtain temporary lodging in a

8-12 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 expense

8-14 allowance authorized by subsection 4 or the lodging allowances authorized

8-15 by subsections 5 and 6.

8-16 8. Each senator and assemblyman is entitled to receive a telephone

8-17 allowance of not more than $2,800 for the payment of tolls and charges

8-18 incurred by him in the performance of official business during each regular

8-19 session of the legislature and not more than $300 during each special

8-20 session of the legislature.

8-21 9. An employee of the legislature assigned to serve a standing

8-22 committee is entitled to receive the travel expenses and per diem expense

8-23 allowance provided by law for state employees generally if he is required

8-24 to attend a hearing of the committee outside Carson City.

8-25 10. [Except as otherwise provided in NRS 218.644, claims] Claims for

8-26 expenses made under the provisions of this section must be [made as other

8-27 claims are made against the state, and must be] paid from the legislative

8-28 fund. Claims for per diem expense allowances authorized by subsection 4

8-29 and lodging allowances authorized by subsections 5, 6 and 7 must be paid

8-30 once each week during a legislative session and upon completion of a

8-31 presession orientation conference.

8-32 11. A claim for travel expenses authorized by subsection 2 or 3 must

8-33 not be paid unless the senator or assemblyman submits a signed statement

8-34 affirming:

8-35 (a) The date of the travel; and

8-36 (b) The places of departure and arrival and, if the travel is by private

8-37 conveyance, the actual miles traveled. If the travel is not by private

8-38 conveyance, the claim must include a receipt or other evidence of the

8-39 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 standard

8-42 mileage reimbursement rate for which a deduction is allowed for the

8-43 purposes of federal income tax. If two or more legislators travel in the

9-1 same private conveyance, the legislator who provided or arranged for

9-2 providing the transportation is presumed entitled to reimbursement.

9-3 (b) If the travel is not by private conveyance, the actual amount

9-4 expended.

9-5 Transportation must be by the most economical means, considering total

9-6 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:

9-8 218.225 1. At each regular session of the legislature, each legislator

9-9 is entitled to receive at the expense of the legislative fund from the state

9-10 printing division of the department of administration the following:

9-11 (a) Not to exceed 2,000 letterheads , [(] 8 1/2 inches x 11 inches , [)]

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 3/4

9-14 envelopes, or 4,000 of either variety; and

9-15 (c) Not to exceed 2,000 business cards and 1,000 memorandum sheets ,

9-16 [(] 500 each of the small and large type or 1,000 of either type . [).]

9-17 Selections must be made from samples submitted by the superintendent of

9-18 the state printing division of the department of administration, and all

9-19 printing must be done in the state printing division of the department of

9-20 administration.

9-21 2. Each female member of the assembly is entitled to have the word

9-22 "Assemblywoman" precede the inscription of her name on her official

9-23 stationery and business cards.

9-24 3. All orders for the printing specified in subsection 1 must be placed

9-25 by legislators with the director of the legislative counsel bureau, who shall

9-26 approve those claims which comply with the provisions of this section and

9-27 shall pay the claims from the legislative fund . [in the same manner as

9-28 other claims against the state are paid.]

9-29 4. A legislator may purchase from the state printing division of the

9-30 department of administration official stationery, cards and other material

9-31 appropriate to his official duties in excess of that specified in subsection 1

9-32 at his own expense.

9-33 Sec. 13. NRS 218.230 is hereby amended to read as follows:

9-34 218.230 1. [There] Except as otherwise provided in this section,

9-35 there must be paid to the [several] employees of the senate and assembly,

9-36 for all services rendered by them under the provisions of this chapter, the

9-37 following sums of money for each day’s employment and no more:

9-38 SENATE

9-39 Assistant director of bill services $74

9-40 Assistant secretary 109

9-41 Assistant sergeant at arms 82

10-1 Bill clerk $60

10-2 Committee manager 101

10-3 Committee secretary 88

10-4 Deputy sergeant at arms 88

10-5 Director of bill services 80

10-6 Director of clerical services 103

10-7 Executive assistant 101

10-8 Finance secretary 99

10-9 Front desk assistant 101

10-10 History clerk 101

10-11 Journal clerk 101

10-12 Media clerk 101

10-13 Recording clerk 101

10-14 Secretary 80

10-15 Senior committee secretary 96

10-16 Senior page 75

10-17 Sergeant at arms 103

10-18 Typist 68

10-19 Assembly

10-20 Assistant chief clerk $109

10-21 Assistant sergeant at arms 82

10-22 Assistant supervisor of bill clerks 74

10-23 Bill clerk 60

10-24 Committee manager 101

10-25 Committee secretary 88

10-26 Deputy sergeant at arms 88

10-27 Document clerk 101

10-28 Executive assistant 101

10-29 History clerk 101

10-30 Journal clerk 101

10-31 Media clerk 101

10-32 Page 60

10-33 Recording clerk 101

10-34 Secretary 80

10-35 Senior committee secretary 96

10-36 Senior page 75

10-37 Sergeant at arms 103

10-38 Supervisor of bill clerks 80

10-39 Supervisor of secretarial staff 103

10-40 Typist 68

10-41 Ways and means secretary 99

11-1 2. During periods of adjournment to a day certain, employees of

11-2 the legislature whose service is required shall perform duties as

11-3 assigned and are entitled to be paid the amount specified in [this

11-4 section] subsection 1 for each day of service.

11-5 3. During periods before the commencement of a session and after

11-6 the adjournment of a session sine die, employees of the legislature whose

11-7 service is required shall perform duties as assigned and are entitled to be

11-8 paid at an hourly rate commensurate with the daily rate specified in

11-9 subsection 1.

11-10 Sec. 14. NRS 218.240 is hereby amended to read as follows:

11-11 218.240 1. The legislative counsel and the legal division of the

11-12 legislative counsel bureau shall prepare and assist in the preparation and

11-13 amendment of legislative measures when requested or upon suggestion as

11-14 provided in NRS 218.240 to 218.255, inclusive [.] , and sections 2 to 6,

11-15 inclusive, of this act. Except as otherwise provided in those provisions, the

11-16 legislative counsel and the legal division of the legislative counsel bureau

11-17 shall not prepare or assist in the preparation and amendment of legislative

11-18 measures directly submitted or requested by a natural person, corporation,

11-19 firm, association or other entity, including an organization that represents

11-20 governmental agencies, unless the requester, or if the requester is a natural

11-21 person the office or other position held by the person, is created by the

11-22 constitution or laws of this state.

11-23 2. [An interim committee which conducts a study or investigation

11-24 pursuant to subsection 5 of NRS 218.682 may request the preparation of

11-25 no more than 10 legislative measures, except that such a committee may

11-26 request the preparation of additional legislative measures if the legislative

11-27 commission approves each additional request by a majority vote.

11-28 3.] The legislative counsel shall give consideration to and service

11-29 concerning any measure before the legislature which is requested by the

11-30 governor, the senate or assembly, or any committee of the legislature

11-31 having the measure before it for consideration.

11-32 [4.] 3. The legislative counsel may deliver to the superintendent of the

11-33 state printing division of the department of administration and request that

11-34 he print or preset the type for printing a legislative measure before its

11-35 introduction upon the consent of the person or persons requesting the

11-36 measure. If the measure has been requested by a legislator, the

11-37 superintendent shall promptly comply with this request.

11-38 Sec. 15. NRS 218.241 is hereby amended to read as follows:

11-39 218.241 1. Upon request made within the time allowed and [within]

11-40 limits established [by the legislature by concurrent resolution,] pursuant to

11-41 NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this

11-42 act, the legislative counsel shall advise any agency or officer of the

11-43 executive branch of the state government, and [shall advise] any county,

12-1 school district or city, as to the preparation of measures to be submitted to

12-2 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 the

12-6 executive branch of the state government or from a county, school district

12-7 or city must, insofar as is possible, be acted upon in the order in which they

12-8 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 state

12-10 government has requested 10 legislative measures for any session, the

12-11 legislative counsel may request the agency or officer to designate the

12-12 priority for each succeeding request.

12-13 (c) [Within] Not later than 2 weeks [after] before the commencement

12-14 of a regular session of the legislature, any county, school district or city

12-15 which has requested the preparation of more than one legislative measure

12-16 for that session shall submit to the legislative counsel a list which

12-17 designates the order of priority for each request.

12-18 The priority designated pursuant to this subsection must guide the

12-19 legislative counsel in acting upon the requests of the respective agencies

12-20 and officers of the executive branch of the state government and the

12-21 counties, school districts and cities to ensure each agency and officer, and

12-22 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:

12-24 218.242 Upon request, within the limits established pursuant to NRS

12-25 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or

12-26 by the legislature by concurrent resolution, the legislative counsel shall

12-27 assist any legislator in the preparation of bills and resolutions, drafting

12-28 them in proper form, and furnishing the legislator the fullest information

12-29 upon all matters within the scope of his duties. The legislative counsel

12-30 shall, insofar as is possible, act upon all legislators’ requests for legislative

12-31 measures in the order in which they are received. To assure the greatest

12-32 possible equity in the handling of requests, drafting must proceed as

12-33 follows:

12-34 1. If he so desires, a legislator may designate a different priority for his

12-35 bills and resolutions which the legislative counsel shall observe, insofar as

12-36 is possible.

12-37 2. The drafting of requests for legislative measures from chairmen or

12-38 members of standing committees or special committees, on behalf of those

12-39 committees, must not, except where urgency is recognized, take

12-40 precedence over the priority established or designated for individual

12-41 legislators’ bills and resolutions.

13-1 Sec. 17. NRS 218.247 is hereby amended to read as follows:

13-2 218.247 1. The legislative counsel and the legal division of the

13-3 legislative counsel bureau shall prepare and assist in the preparation [and

13-4 amendment] of legislative measures at the [written suggestion of any

13-5 justice] request of the supreme court [or judge of a district court, within

13-6 limits established by the legislature by concurrent resolution.] if the

13-7 legislative measures are transmitted to the legislative counsel before

13-8 September 1 preceding the commencement of the next regular session of

13-9 the legislature. The supreme court may transmit to the legislative counsel

13-10 pursuant to this section not more than 20 legislative measures on behalf

13-11 of the supreme court and district courts of this state and not more than 5

13-12 legislative measures on behalf of the municipal courts and justices’

13-13 courts of this state.

13-14 2. Every [suggestion of a judge] requested legislative measure must

13-15 set forth the substance of the provisions desired or which may be needed

13-16 with the reasons therefor.

13-17 3. The legislative counsel [and the legal division of the legislative

13-18 counsel bureau shall prepare a measure in accordance with the suggestion

13-19 of a judge, and] shall transmit [it] any legislative measure prepared

13-20 pursuant to this section to the chairman of the committee on judiciary of

13-21 each house at the next regular session of the legislature.

13-22 Sec. 18. NRS 218.380 is hereby amended to read as follows:

13-23 218.380 [The] An enrolled bill [or resolution shall] must be delivered

13-24 by the legislative counsel, or such person as he [shall] designates in

13-25 writing , [designate,] to the governor for his action, who may authorize a

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:

13-28 218.390 1. An enrolled joint resolution proposing an amendment to

13-29 the constitution of the State of Nevada [must not be presented to the

13-30 governor for approval and signature, but] must be delivered with the

13-31 official engrossed copy thereof to the secretary of state or such deputy or

13-32 clerk as he designates in writing.

13-33 2. The secretary of state shall cause the enrolled resolution and the

13-34 engrossed copy thereof to be filed in his office, and shall deliver them to

13-35 the presiding officer of the house in which the proposed amendment

13-36 originated at the next ensuing session of the legislature. The enrolled

13-37 resolution accompanied by the engrossed copy thereof must thereupon be

13-38 laid before the house for action, and if approved by a majority of the

13-39 members elected thereto, must again be deposited with and filed by the

13-40 secretary of state so that it may be placed upon the ballot at the next

13-41 ensuing general election.

13-42 3. The history of the joint resolution containing a notation that it has

13-43 been returned to the house of its origin by the secretary of state must be

14-1 noted on the engrossed copy of the resolution, and must likewise appear

14-2 upon the enrolled copy thereof. The enrolled copy must bear the original

14-3 signatures of the presiding officers and secretary and clerk of the

14-4 respective houses for both sessions of the legislature at which the proposed

14-5 amendment to the constitution was considered.

14-6 4. The secretary of state shall cause all proposed amendments to the

14-7 constitution to be published in the printed volume of the statutes for each

14-8 year when they have been considered by the legislature.

14-9 Sec. 20. NRS 218.400 is hereby amended to read as follows:

14-10 218.400 1. As soon as an enrolled bill [or joint resolution] is

14-11 delivered to the governor, any person duly authorized shall endorse by

14-12 stamp, on the back of the enrolled copy of such bill , [or joint resolution,]

14-13 over his signature, from whom and which house the bill was received, the

14-14 date and hour of receipt, and the number of pages comprising the [same,]

14-15 bill, and shall compute and note thereon the time limit for action by the

14-16 governor, excluding the day of receipt and Sundays, which [shall] must not

14-17 exceed the constitutional limit for such action.

14-18 2. Within such time limit the bill [or joint resolution shall,] must, if

14-19 approved, be signed by the governor immediately after the signatures of

14-20 the officials of both houses as follows:

14-21 State of Nevada

14-22 Executive Department

14-23 Approved

14-24 .....a.m.....p.m.

14-25 ........(month)........(day)........(year)

14-26 .........................(Governor)

14-27 3. Immediately following such approval, without alteration or

14-28 correction, the bill [or joint resolution shall] must be deposited with the

14-29 secretary of state, who shall endorse on the back thereof, following the

14-30 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:

14-36 218.410 The secretary of state, or such deputy or clerk as he [shall

14-37 designate] designates in writing, shall receipt to the governor for all bills

14-38 [and joint resolutions] received, noting the number of such bill , [or

15-1 resolution,] the house wherein the [same] bill originated, the number of

15-2 pages contained therein, and the hour and date received. Such receipt

15-3 [shall] must be retained in the governor’s office for at least 6 years.

15-4 Sec. 22. NRS 218.420 is hereby amended to read as follows:

15-5 218.420 1. If the governor does not approve a bill [or joint

15-6 resolution] within 5 days, Sundays excepted, after it [shall have] has been

15-7 presented to him, the bill [shall become a law or the joint resolution shall

15-8 become effective] becomes a law without his signature, unless he [shall

15-9 have] has returned it to the house in which it originated, with his

15-10 objections thereto, [and which shall] which must be entered in its journal.

15-11 2. Such house shall thereupon proceed to reconsider the vetoed bill [or

15-12 joint resolution,] and if thereafter it [shall again pass] again passes both

15-13 houses by a two-thirds vote of the members elected to each house, the bill

15-14 [shall become a law or the joint resolution shall become effective] becomes

15-15 a law notwithstanding the objections of the governor, and [shall] must be

15-16 delivered by the legislative counsel directly to the secretary of state for

15-17 filing, who shall receipt to the legislative counsel therefor.

15-18 Sec. 23. NRS 218.430 is hereby amended to read as follows:

15-19 218.430 1. If the legislature , [shall,] by its final adjournment,

15-20 [prevent] prevents the return of a bill [or joint resolution] within 5 days

15-21 after delivery to the governor, Sundays excepted, the bill [shall become a

15-22 law or the joint resolution shall become effective] becomes a law without

15-23 his signature, unless within 10 days next after the adjournment, Sundays

15-24 excepted, he [shall file the bill or joint resolution] files the bill with his

15-25 objections thereto with the secretary of state.

15-26 2. The secretary of state shall lay the bill [or joint resolution] before

15-27 the legislature at its next regular session in like manner as if it had been

15-28 returned by the governor directly to the house in which it originated. If the

15-29 bill [or joint resolution shall receive] receives the vote of two-thirds of the

15-30 members elected to each house of the legislature, upon a vote taken by

15-31 yeas and nays, to be entered upon the journals of each house, the bill [shall

15-32 become a law or the joint resolution shall become effective, and shall]

15-33 becomes a law and must be delivered by the legislative counsel directly to

15-34 the secretary of state for filing, who shall receipt to the legislative counsel

15-35 therefor.

15-36 Sec. 24. NRS 218.440 is hereby amended to read as follows:

15-37 218.440 1. The secretary of state shall, after the final adjournment of

15-38 each session of the legislature, cause all legislative bills [and joint

15-39 resolutions] deposited with him after approval by the governor, and all

15-40 joint resolutions, concurrent resolutions and memorials to be bound in a

15-41 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 the

15-43 manner directed by the state board of examiners.

16-1 Sec. 25. NRS 218.500 is hereby amended to read as follows:

16-2 218.500 1. The secretary of state shall furnish to the superintendent

16-3 of the state printing division of the department of administration, within 3

16-4 days [from the time] after he receives [each one from the governor, after

16-5 approval,] them, a copy of all acts, joint and concurrent resolutions, and

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 have

16-11 printed and bound advance sheets of all acts, resolutions and memorials

16-12 passed at the session.

16-13 (c) Distribute one copy of the advance sheets, without charge, to each

16-14 justice of the supreme court, the attorney general, the state public defender,

16-15 and to each county clerk, district judge, district attorney, county public

16-16 defender, justice of the peace, city attorney and municipal judge in the

16-17 state, deliver to the supreme court law library a number of copies

16-18 appropriate to secure the exchange of similar publications from other

16-19 states, and establish the price at which the advance sheets must be sold to

16-20 other persons.

16-21 3. The legislative counsel shall, immediately upon the adjournment of

16-22 the session, prepare statutory tables and an index of all acts, resolutions

16-23 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 NRS

16-26 218.510.

16-27 Sec. 26. NRS 218.5375 is hereby amended to read as follows:

16-28 218.5375 1. There is hereby created a legislative committee on

16-29 workers’ compensation. The committee consists of:

16-30 (a) Four members appointed by the majority leader of the senate, in

16-31 consultation with the minority leader of the senate, from the membership

16-32 of the senate standing committee [on commerce and labor] which had

16-33 jurisdiction of issues relating to workers’ compensation during the

16-34 immediately preceding session of the legislature.

16-35 (b) Four members appointed by the speaker of the assembly from the

16-36 membership of the assembly standing committee [on labor and

16-37 management] which had jurisdiction of issues relating to workers’

16-38 compensation during the immediately preceding session of the legislature.

16-39 The members must represent each political party represented in the

16-40 assembly in the approximate proportion that they are represented in that

16-41 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 vice

16-43 chairman from among their members. The chairman must be elected from

17-1 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 those

17-3 officers holds office for a term of 2 years commencing on July 1 of each

17-4 odd-numbered year. If a vacancy occurs in the chairmanship or vice

17-5 chairmanship, the members of the committee shall elect a replacement for

17-6 the remainder of the unexpired term.

17-7 3. Any member of the committee who is not a candidate for reelection

17-8 or who is defeated for reelection continues to serve until the convening of

17-9 the next session of the legislature.

17-10 4. Vacancies on the committee must be filled in the same manner as

17-11 original appointments.

17-12 Sec. 27. NRS 218.610 is hereby amended to read as follows:

17-13 218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 7

17-14 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 industrial

17-16 insurance system.

17-17 Sec. 28. NRS 218.640 is hereby amended to read as follows:

17-18 218.640 [Except as otherwise provided in NRS 218.644, money]

17-19 Money to carry out the functions of the legislative counsel bureau must be

17-20 provided by legislative appropriation from the state general fund to the

17-21 legislative fund . [, and must be paid out on claims as other claims against

17-22 the state are paid.] All claims must be approved by the director of the

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:

17-25 218.644 1. The legislative counsel bureau shall maintain a checking

17-26 account in any qualified bank for the purposes of providing advance

17-27 money and reimbursement to legislators and employees for travel

17-28 expenses, paying the salaries of persons on the payroll of the legislative

17-29 branch of government, related payroll costs , other expenses which may or

17-30 must be paid from the legislative fund and any other expenses directed by

17-31 the legislative commission. The account must be secured by a depository

17-32 bond to the extent the account is not insured by the Federal Deposit

17-33 Insurance Corporation. All checks written on this account must be signed

17-34 by the chairman of the legislative commission and the director of the

17-35 legislative counsel bureau or his designee, except that during a regular

17-36 session of the legislature, the majority leader of the senate and the speaker

17-37 of the assembly shall sign the checks.

17-38 2. A request for advance money for travel constitutes a lien in favor of

17-39 the legislative fund upon the accrued salary, subsistence allowance and

17-40 travel expenses of the legislator or employee in an amount equal to the sum

17-41 advanced.

17-42 3. The legislator or employee is entitled to receive upon request any

17-43 authorized travel expenses in excess of the amount advanced. The

18-1 legislator or employee shall reimburse the legislative fund any amount

18-2 advanced that is not used for reimbursable travel expenses.

18-3 Sec. 30. NRS 218.6824 is hereby amended to read as follows:

18-4 218.6824 1. There is hereby created a budget subcommittee of the

18-5 legislative commission.

18-6 2. The chairman of the legislative commission shall appoint to the

18-7 subcommittee the persons designated by the speaker designate of the

18-8 assembly to be members of the assembly standing committee on ways and

18-9 means and the persons designated by the majority leader designate of the

18-10 senate to be members of the senate standing committee on finance for the

18-11 next ensuing session of the legislature.

18-12 3. The budget subcommittee shall conclude its activities before the

18-13 next regular legislative session is convened.

18-14 4. The budget subcommittee shall [:

18-15 (a) Review the synopsis of the state budget prepared by the fiscal

18-16 analysis division of the legislative counsel bureau pursuant to NRS

18-17 353.211; and

18-18 (b) Consider other] consider fiscal issues that may require consideration

18-19 by the legislature at the next ensuing session.

18-20 Sec. 31. NRS 218.685 is hereby amended to read as follows:

18-21 218.685 Notwithstanding the provisions of NRS 218.150 and 218.180,

18-22 between sessions of the legislature, the director of the legislative counsel

18-23 bureau, with the approval of the legislative commission, may appoint such

18-24 technical, clerical and operational staff as the functions and operations of

18-25 the legislature may require. Salaries and [the costs of any contract services

18-26 shall] related costs must be paid from the legislative fund.

18-27 Sec. 32. NRS 218.697 is hereby amended to read as follows:

18-28 218.697 1. Upon request, the legislative counsel shall represent any

18-29 legislator in any matter before the commission on ethics.

18-30 2. When deemed necessary or advisable to protect the official interests

18-31 of the legislature or one or more legislative committees, the legislative

18-32 commission, or the chairman of the legislative commission in cases where

18-33 action is required before a meeting of the legislative commission is

18-34 scheduled to be held, may direct the legislative counsel and his staff to

18-35 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 the

18-37 United States.

18-38 3. [Expenses] The legislative commission may authorize payment of

18-39 the expenses and costs incurred pursuant to this section [may be paid by

18-40 the legislative commission] from the legislative fund.

18-41 Sec. 33. NRS 233B.050 is hereby amended to read as follows:

18-42 233B.050 1. In addition to other regulation-making requirements

18-43 imposed by law, each agency shall:

19-1 (a) Adopt rules of practice, setting forth the nature and requirements of

19-2 all formal and informal procedures available, including a description of all

19-3 forms and instructions used by the agency.

19-4 (b) Make available for public inspection all rules of practice and

19-5 regulations adopted or used by the agency in the discharge of its functions

19-6 and that part of the Nevada Administrative Code which contains its

19-7 regulations.

19-8 (c) Make available for public inspection all final orders, decisions and

19-9 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 with

19-11 the secretary of state a statement setting forth the date on which the most

19-12 recent review of those rules was completed and describing any revisions

19-13 made as a result of the review.

19-14 (e) Review its regulations at least once every 10 years to determine

19-15 whether it should amend or repeal any of the regulations. Within 30 days

19-16 after completion of the review, the agency shall submit a report to the

19-17 [director of the] legislative counsel [bureau] for distribution to the next

19-18 regular session of the legislature. The report must include the date on

19-19 which the agency completed its review of the regulations and describe any

19-20 regulation that must be amended or repealed as a result of the review. [The

19-21 director of the legislative counsel bureau shall provide a copy of the report

19-22 to the legislative counsel for the purposes of subsection 2 of NRS

19-23 233B.065.]

19-24 2. A regulation, rule, final order or decision of an agency is not valid

19-25 or effective against any person or party, nor may it be invoked by the

19-26 agency for any purpose, until it has been made available for public

19-27 inspection as required in this section, except that this provision does not

19-28 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:

19-30 233B.0665 If a regulation submitted to the legislative counsel bureau

19-31 pursuant to NRS 233B.067 is not accompanied by an informational

19-32 statement which complies with the requirements of NRS 233B.066, the

19-33 [director of the] legislative counsel [bureau] shall return the regulation to

19-34 the agency with a note that the statement is missing. Unless the statement

19-35 is supplied, the [director] legislative counsel shall not submit the

19-36 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 be

19-38 computed from the date of delivering the statement to the [director.]

19-39 legislative counsel.

19-40 Sec. 35. NRS 233B.067 is hereby amended to read as follows:

19-41 233B.067 1. After adopting a permanent regulation, the agency shall

19-42 submit the informational statement prepared pursuant to NRS 233B.066

19-43 and one copy of each regulation adopted to the [director of the] legislative

20-1 counsel [bureau] for review by the legislative commission, which may

20-2 refer it to a joint interim committee, to determine whether the regulation

20-3 conforms to the statutory authority pursuant to which it was adopted and

20-4 whether the regulation carries out the intent of the legislature in granting

20-5 that authority. The [director] legislative counsel shall endorse on the

20-6 original and the copy of each adopted regulation the date of their receipt.

20-7 The [director] legislative counsel shall maintain the copy of the regulation

20-8 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 the [director of the]

20-10 legislative counsel [bureau] pursuant to subsection 1 that:

20-11 (a) The agency is required to adopt pursuant to a federal statute or

20-12 regulation; and

20-13 (b) Exceeds the specific statutory authority of the agency or sets forth

20-14 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 a

20-16 federal statute or regulation. The statement must include the specific

20-17 citation of the federal statute or regulation requiring such adoption.

20-18 3. The legislative commission, or the joint interim committee if the

20-19 commission has referred it to such a committee, shall review the regulation

20-20 at its next regularly scheduled meeting if the regulation is received more

20-21 than 10 working days before the meeting and a regular meeting is held

20-22 within 35 days after receipt of the regulation. The commission may appoint

20-23 a committee composed of three or more members of the commission or

20-24 any joint interim committee to examine proposed regulations received

20-25 more than 35 days before a regular meeting is scheduled to be held.

20-26 4. The legislative commission shall notify the [director] legislative

20-27 counsel of the results of its review within 30 days after receipt of the

20-28 regulation from the agency. If the commission does not object to the

20-29 regulation, the [director] legislative counsel shall file it with the secretary

20-30 of state within 35 days after receipt from the agency and notify the agency

20-31 of the filing. If the commission objects to the regulation after determining

20-32 that:

20-33 (a) If subsection 2 is applicable, the regulation is not required pursuant

20-34 to a federal statute or regulation;

20-35 (b) The regulation does not conform to statutory authority; or

20-36 (c) The regulation does not carry out legislative intent,

20-37 the [director] legislative counsel shall attach to the regulation a written

20-38 notice of the objection of the commission, including a statement of the

20-39 reasons for its objection, and shall promptly return the regulation to the

20-40 agency.

20-41 Sec. 36. NRS 233B.0675 is hereby amended to read as follows:

20-42 233B.0675 1. If the legislative commission has objected to a

20-43 regulation, the agency may revise it and return it to the [director of the]

21-1 legislative counsel . [bureau.] Upon receipt of the revised regulation, the

21-2 [director] legislative counsel shall resubmit the regulation to the

21-3 commission at its next regularly scheduled meeting. If the commission

21-4 does not object to the revised regulation, the [director] legislative counsel

21-5 shall promptly file the revised regulation with the secretary of state and

21-6 notify the agency of the filing.

21-7 2. If the legislative commission objects to the revised regulation, the

21-8 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 legislative

21-10 commission has objected, the commission may suspend the filing of the

21-11 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, by

21-13 concurrent resolution, declare that the regulation will not become effective.

21-14 The [director] legislative counsel shall thereupon notify the agency that the

21-15 regulation will not be filed and must not be enforced. If the legislature has

21-16 not so declared by the 30th day of the session, the [director] legislative

21-17 counsel shall promptly file the regulation and notify the agency of the

21-18 filing.

21-19 Sec. 37. NRS 233B.0681 is hereby amended to read as follows:

21-20 233B.0681 The legislative commission may provide for:

21-21 1. Its early review of a regulation after the agency has given notice of

21-22 a hearing on the regulation but before the hearing is held. If the regulation

21-23 adopted after the hearing is identical to the regulation submitted for early

21-24 review, the [director] legislative counsel shall promptly file the regulation

21-25 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 administrative

21-27 convenience or necessity.

21-28 Sec. 38. NRS 233B.070 is hereby amended to read as follows:

21-29 233B.070 1. A permanent regulation becomes effective when the

21-30 [director of the] legislative counsel [bureau] files with the secretary of state

21-31 the original of the final draft or revision of a regulation, except as

21-32 otherwise provided in NRS 233B.0665 or where a later date is specified in

21-33 the regulation.

21-34 2. A temporary or emergency regulation becomes effective when the

21-35 agency files with the secretary of state the original of the final draft or

21-36 revision of a regulation, together with the informational statement prepared

21-37 pursuant to NRS 233B.066. The agency shall also file a copy of the

21-38 temporary or emergency regulation with the legislative counsel , [bureau,]

21-39 together with the informational statement prepared pursuant to NRS

21-40 233B.066.

21-41 3. The secretary of state shall maintain the original of the final draft or

21-42 revision of each regulation in a permanent file to be used only for the

21-43 preparation of official copies.

22-1 4. The secretary of state shall file, with the original of each agency’s

22-2 rules of practice, the current statement of the agency concerning the date

22-3 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 the

22-6 stamp of the secretary of state indicating that it has been filed, including

22-7 material adopted by reference which is not already filed with the state

22-8 library and archives administrator, to the state library and archives

22-9 administrator for use by the public. If the agency is a licensing board as

22-10 defined in NRS 439B.225 and it has adopted a permanent regulation

22-11 relating to standards for licensing or for the renewal of a license issued to a

22-12 person or facility regulated by the agency, the agency shall also deliver one

22-13 copy of the regulation, bearing the stamp of the secretary of state, to the

22-14 legislative committee on health care within 10 days after the regulation is

22-15 filed with the secretary of state.

22-16 6. Each agency shall furnish a copy of all or part of that part of the

22-17 Nevada Administrative Code which contains its regulations, to any person

22-18 who requests a copy, and may charge a reasonable fee for the copy based

22-19 on the cost of reproduction if it does not have money appropriated or

22-20 authorized for that purpose.

22-21 7. An agency which publishes any regulations included in the Nevada

22-22 Administrative Code shall use the exact text of the regulation as it appears

22-23 in the Nevada Administrative Code, including the leadlines and numbers of

22-24 the sections. Any other material which an agency includes in a publication

22-25 with its regulations must be presented in a form which clearly distinguishes

22-26 that material from the regulations.

22-27 Sec. 39. NRS 233B.115 is hereby amended to read as follows:

22-28 233B.115 1. Any person who objects to the content of a form

22-29 required by an agency to be used in submitting an application, making a

22-30 declaration or providing other information may request the legislative

22-31 commission to determine whether the information required and the

22-32 instructions for its preparation conform to the statutory authority pursuant

22-33 to which the agency requires it. The legislative commission may also make

22-34 such a determination on its own motion.

22-35 2. If the legislative commission finds that any part of the information

22-36 or instructions does not conform to statutory authority, the [director of the]

22-37 legislative counsel [bureau] shall so notify the agency.

22-38 3. After notification by the [director of the] legislative counsel

22-39 [bureau] of the legislative commission’s objection to the form, the agency

22-40 may revise the form to conform to statutory authority and resubmit it to the

22-41 legislative commission. The agency shall not use the form until it has

22-42 submitted a revised version to the legislative commission and the

22-43 commission has approved the form.

23-1 4. If the agency refuses to revise the form, it shall not use the form

23-2 until after the expiration of the first 30 days of the next regular session of

23-3 the legislature. Before the 30th day of the next regular session the

23-4 legislature may, by concurrent resolution, declare that the form must not be

23-5 used. The [director] legislative counsel shall thereupon notify the agency

23-6 that it shall not use the form. If the legislature has not so declared by the

23-7 30th day of the session, the [director] legislative counsel shall promptly

23-8 notify the agency that it may use the form.

23-9 Sec. 40. NRS 353.090 is hereby amended to read as follows:

23-10 353.090 1. Except for claims against the legislative fund or for the

23-11 payment of the salaries of public officers, every claim for payment from

23-12 the state treasury pursuant to an appropriation or authorization by the

23-13 legislature must be presented to the state board of examiners for a

23-14 determination of its correctness. The state board of examiners may adopt

23-15 regulations providing for the use of sampling procedures and postaudit

23-16 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 of

23-19 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; and

23-22 (d) Is immediately available to this state through an automated federal

23-23 payment management system,

23-24 shall be deemed to be available for a claim for payment from the state

23-25 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 been

23-28 approved by the state board of examiners; or

23-29 (b) A greater amount than allowed by the board,

23-30 except when the claim has not been acted upon by the board within 30

23-31 days after its presentation to the board.

23-32 Sec. 41. NRS 353.211 is hereby amended to read as follows:

23-33 353.211 1. On or before October 15 of each even-numbered year,

23-34 the chief shall provide to the fiscal analysis division of the legislative

23-35 counsel bureau:

23-36 (a) Computerized budget files containing the actual data regarding

23-37 revenues and expenditures for the previous year;

23-38 (b) The work programs for the current year; and

23-39 (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 chief

23-41 shall provide to the fiscal analysis division:

23-42 (a) Each agency’s adjusted base budget by budgetary account for the

23-43 next 2 fiscal years; and

24-1 (b) An estimated range of the costs for:

24-2 (1) Continuing the operation of state government; and

24-3 (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 to

24-6 subsections 1 and 2 is open for public inspection.

24-7 [4. As soon as practicable after receipt of the material provided

24-8 pursuant to subsections 1 and 2, the fiscal analysis division shall provide a

24-9 synopsis of the information to the members of the budget subcommittee of

24-10 the legislative commission. The synopsis must include the levels of

24-11 requested expenditures of all of the departments, institutions and agencies,

24-12 major budgetary issues, approximate available revenues, historical data

24-13 and any other information the fiscal analysts deem appropriate.]

24-14 Sec. 42. NRS 353.230 is hereby amended to read as follows:

24-15 353.230 1. The chief shall review the estimates, altering, revising,

24-16 increasing or decreasing the items of the estimates as he may deem

24-17 necessary in view of the needs of the various departments, institutions and

24-18 agencies in the executive department of the state government and the total

24-19 anticipated income of the state government and of the various departments,

24-20 institutions and agencies of the executive department during the next fiscal

24-21 year. In performing the duties required by this subsection, the chief shall

24-22 use the projections and estimates prepared by the economic forum pursuant

24-23 to NRS 353.228.

24-24 2. The chief shall meet with a fiscal analyst of the legislative counsel

24-25 bureau or his designated representative and personnel of the various

24-26 departments, institutions and agencies of the executive department to

24-27 discuss:

24-28 (a) The budgetary requests of each department, institution and agency;

24-29 and

24-30 (b) The budgetary recommendations of the budget division for each

24-31 department, institution and agency,

24-32 for the next 2 fiscal years. The chief shall allow the fiscal analyst of the

24-33 legislative counsel bureau or his designated representative full access to all

24-34 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 it

24-37 to the governor. The final version of the proposed budget must include the

24-38 adjusted base budget for each department, institution and agency of the

24-39 executive department, the costs for continuing each program at the current

24-40 level of service and the costs, if any, for new programs, recommended

24-41 enhancements of existing programs or reductions for the departments,

24-42 institutions and agencies of the executive department for the next 2 fiscal

24-43 years. All projections of revenue and any other information concerning

25-1 future state revenue contained in the proposed budget must be based upon

25-2 the projections and estimates prepared by the economic forum pursuant to

25-3 NRS 353.228.

25-4 4. The governor shall , [transmit the proposed budget to the

25-5 legislature] not later than [the 10th day] 14 calendar days before the

25-6 commencement of the regular legislative session [.] , submit the proposed

25-7 budget to the director of the legislative counsel bureau for transmittal to

25-8 the legislature. The governor shall simultaneously submit, as a separate

25-9 document:

25-10 (a) An analysis of any new programs or enhancements of existing

25-11 programs being recommended; and

25-12 (b) Any increase in or new revenues which are being recommended in

25-13 the proposed budget.

25-14 The document must specify the total cost by department, institution or

25-15 agency of new programs or enhancements, but need not itemize the

25-16 specific costs. All projections of revenue and any other information

25-17 concerning future state revenue contained in the document must be based

25-18 upon the projections and estimates prepared by the economic forum

25-19 pursuant to NRS 353.228.

25-20 5. On or before the [19th calendar] first day of the regular legislative

25-21 session, the governor shall submit to the legislative counsel

25-22 recommendations for each legislative measure which will be necessary to

25-23 carry out the final version of the proposed budget. These recommendations

25-24 must contain sufficient detailed information to enable the legislative

25-25 counsel to prepare the necessary legislative measures.

25-26 6. During the consideration of the general appropriation bill and any

25-27 special appropriation bills and bills authorizing budgeted expenditures by

25-28 the departments, institutions and agencies operating on money designated

25-29 for specific purposes by the constitution or otherwise, drafted at the request

25-30 of the legislature upon the recommendations submitted by the governor

25-31 with the proposed budget, the governor or his representative have the right

25-32 to appear before and be heard by the appropriation committees of the

25-33 legislature in connection with the appropriation bill or bills, and to render

25-34 any testimony, explanation or assistance required of him.

25-35 Sec. 43. This act becomes effective on July 1, 1999.

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