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 a3-39
regular legislative session, which relate to matters within the scope of the3-40
study or investigation, except that such a committee may request the3-41
drafting of additional legislative measures before the commencement of3-42
a regular legislative session if the legislative commission approves each3-43
additional 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 following constitutional officers may request the drafting of4-16
not more 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. Must be chaired by the speaker designate of the assembly.4-38
3. Shall receive the governor’s message and conclude its activities4-39
upon the completion of that message.5-1
Sec. 8. The legislative commission may, pursuant to subsection 5 of5-2
NRS 218.682, appoint one or more special committees before the5-3
commencement of a regular session of the legislature. Each special5-4
committee appointed pursuant to this section:5-5
1. Must consist of all persons designated by the:5-6
(a) Speaker designate of the assembly to serve as members of an5-7
assembly standing committee, other than the assembly standing5-8
committee on ways and means, for the next ensuing regular session of5-9
the legislature; or5-10
(b) Majority leader designate of the senate to serve as members of a5-11
senate standing committee, other than the senate standing committee on5-12
finance, for the next ensuing regular session of the legislature.5-13
2. May meet to consider issues that may require consideration during5-14
the next ensuing session by the standing committee upon which the5-15
members of the special committee have been designated to serve.5-16
3. Shall conclude its activities before the commencement of the next5-17
ensuing session.5-18
Sec. 9. NRS 218.085 is hereby amended to read as follows: 218.085 1. The legislative fund is hereby created as a special revenue5-20
fund for the use of the legislature, and where specifically authorized by law,5-21
for the use of the legislative counsel bureau.5-22
2. Support for the legislative fund must be provided by legislative5-23
appropriation from the state general fund.5-24
3. Expenditures from the legislative fund may be made for:5-25
(a) The payment of necessary5-26
(b) The payment of necessary5-27
(c) The payment of5-28
building and its grounds;5-29
(d) The payment of expenses for the interim operation of the legislature;5-30
and5-31
(e) The payment of necessary5-32
to:5-33
(1) The legislative commission;5-34
(2) The legal division;5-35
(3) The research division;5-36
(4) The audit division;5-37
(5) The fiscal analysis division; and5-38
(6) The administrative division,5-39
of the legislative counsel bureau.5-40
4. Expenditures from the legislative fund for purposes other than those5-41
specified in subsection 3 or authorized specifically by another statute may5-42
be made only upon the authority of a concurrent resolution regularly5-43
adopted by the senate and assembly.6-1
5.6-2
the legislative fund must be paid out on claims approved by the director of6-3
the legislative counsel bureau or his designee .6-4
6-5
Sec. 10. NRS 218.130 is hereby amended to read as follows: 218.130 The number of officers and employees of the senate6-7
must be determined by each session of the senate as recommended by the6-8
senate committee6-9
legislative functions.6-10
Sec. 11. NRS 218.160 is hereby amended to read as follows: 218.160 The number of officers and employees of the assembly6-12
must be determined by each session of the assembly as recommended by6-13
the assembly committee6-14
legislative functions.6-15
Sec. 12. NRS 218.210 is hereby amended to read as follows: 218.2106-17
6-18
6-19
6-20
6-21
6-22
6-23
6-24
6-25
6-26
6-27
6-28
6-29
each day of service:6-30
6-31
legislature is in session, or in adjournment for not more than 3 days, or the6-32
maximum number of days for which compensation for a regular session is6-33
permitted by the constitution, whichever is smaller; and6-34
6-35
legislature is in session or the maximum number of days for which6-36
compensation for a special session is permitted by the constitution,6-37
whichever is smaller.6-38
Sec. 13. NRS 218.220 is hereby amended to read as follows: 218.220 1. The per diem expense allowance and the travel and6-40
telephone expenses of senators and assemblymen elected or appointed and6-41
in attendance at any session or presession orientation conference of the6-42
legislature must be allowed in the manner set forth in this section.7-1
2. For initial travel from his home to Carson City, Nevada, to attend a7-2
session or presession orientation conference of the legislature, and for7-3
return travel from Carson City, Nevada, to his home upon adjournment sine7-4
die of a session or termination of a presession orientation conference of the7-5
legislature, each senator and assemblyman is entitled to receive:7-6
(a) A per diem expense allowance , not to exceed the7-7
7-8
7-9
7-10
travel to and one day’s travel from the session or conference.7-11
(b) Travel expenses.7-12
3. In addition to the per diem and travel expenses authorized by7-13
subsection 2, each senator and assemblyman is entitled to receive a7-14
supplemental allowance which must not exceed:7-15
(a) A total of $6,800 during each regular session of the legislature for:7-16
(1) His actual expenses in moving to and from Carson City for the7-17
session;7-18
(2) Travel to and from his home or temporary residence or for7-19
traveling to and from legislative committee and subcommittee meetings or7-20
hearings or for individual travel within the state which relates to legislative7-21
business; and7-22
(3) If he rents furniture for his temporary residence rather than7-23
moving similar furniture from his home, the cost of renting that furniture7-24
not to exceed the amount that it would have cost to move the furniture to7-25
and from his home; and7-26
(b) A total of $1,000 during each special session of the legislature for7-27
travel to and from his home or temporary residence or for traveling to and7-28
from legislative committee and subcommittee meetings or hearings or for7-29
individual travel within the state which relates to legislative business.7-30
4. Each senator and assemblyman is entitled to receive a per diem7-31
expense allowance , not to exceed the7-32
7-33
7-34
7-35
that the legislature is in session or in a presession orientation conference7-36
and for each day that he attends a meeting of a standing committee of7-37
which he is a member when the legislature has adjourned for more than 47-38
days.7-39
5. Each senator and assemblyman who maintains temporary quarters in7-40
or near Carson City for which he has entered into a lease or other7-41
agreement for continuous occupancy for the duration of a legislative7-42
session is entitled to receive a lodging allowance equal to that portion of7-43
the expense allowance which the legislative commission designates by rule8-1
as being allocated to lodging, for not more than 14 days in each period in8-2
which:8-3
(a) The legislature has adjourned until a time certain; and8-4
(b) The senator or assemblyman is not entitled to a per diem expense8-5
allowance pursuant to subsection 4.8-6
6. In addition to the per diem expense allowance authorized by8-7
subsection 4 and the lodging allowance authorized by subsection 5, each8-8
senator and assemblyman who maintains temporary quarters in or near8-9
Carson City for which he has entered into a lease or other agreement for8-10
continuous occupancy for the duration of a legislative session is entitled to8-11
receive a lodging allowance equal to that portion of the expense allowance8-12
which the legislative commission designates by rule as being allocated to8-13
lodging, for not more than 17 days in each period in which:8-14
(a) The legislature has adjourned for more than 4 days; and8-15
(b) The senator or assemblyman must obtain temporary lodging in a8-16
location that a standing committee of which he is a member is meeting.8-17
7. Each senator and assemblyman is entitled to receive a lodging8-18
allowance equal to that portion of the expense allowance which the8-19
legislative commission designates by rule as being allocated to lodging, for8-20
not more than 6 days in each period in which:8-21
(a) The legislature has adjourned for more than 4 days; and8-22
(b) The senator or assemblyman must obtain temporary lodging in a8-23
location that a standing committee of which he is a member is meeting,8-24
if the senator or assemblyman is not entitled to the per diem expense8-25
allowance authorized by subsection 4 or the lodging allowances authorized8-26
by subsections 5 and 6.8-27
8. Each senator and assemblyman is entitled to receive a telephone8-28
allowance of not more than $2,800 for the payment of tolls and charges8-29
incurred by him in the performance of official business during each regular8-30
session of the legislature and not more than $300 during each special8-31
session of the legislature.8-32
9. An employee of the legislature assigned to serve a standing8-33
committee is entitled to receive the travel expenses and per diem expense8-34
allowance provided by law for state employees generally if he is required to8-35
attend a hearing of the committee outside Carson City.8-36
10.8-37
expenses made under the provisions of this section must be8-38
8-39
fund. Claims for per diem expense allowances authorized by subsection 48-40
and lodging allowances authorized by subsections 5, 6 and 7 must be paid8-41
once each week during a legislative session and upon completion of a8-42
presession orientation conference.9-1
11. A claim for travel expenses authorized by subsection 2 or 3 must9-2
not be paid unless the senator or assemblyman submits a signed statement9-3
affirming:9-4
(a) The date of the travel; and9-5
(b) The places of departure and arrival and, if the travel is by private9-6
conveyance, the actual miles traveled. If the travel is not by private9-7
conveyance, the claim must include a receipt or other evidence of the9-8
expenditure.9-9
12. Travel expenses authorized by subsections 2 and 3 are limited to:9-10
(a) If the travel is by private conveyance, a rate equal to the standard9-11
mileage reimbursement rate for which a deduction is allowed for the9-12
purposes of federal income tax. If two or more legislators travel in the same9-13
private conveyance, the legislator who provided or arranged for providing9-14
the transportation is presumed entitled to reimbursement.9-15
(b) If the travel is not by private conveyance, the actual amount9-16
expended.9-17
Transportation must be by the most economical means, considering total9-18
cost, time spent in transit and the availability of state-owned automobiles.9-19
Sec. 14. NRS 218.225 is hereby amended to read as follows: 218.225 1. At each regular session of the legislature, each legislator9-21
is entitled to receive at the expense of the legislative fund from the state9-22
printing division of the department of administration the following:9-23
(a) Not to exceed 2,000 letterheads ,9-24
and 2,000 half size, or 4,000 of either variety;9-25
(b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/49-26
envelopes, or 4,000 of either variety; and9-27
(c) Not to exceed 2,000 business cards and 1,000 memorandum sheets ,9-28
9-29
Selections must be made from samples submitted by the superintendent of9-30
the state printing division of the department of administration, and all9-31
printing must be done in the state printing division of the department of9-32
administration.9-33
2. Each female member of the assembly is entitled to have the word9-34
"Assemblywoman" precede the inscription of her name on her official9-35
stationery and business cards.9-36
3. All orders for the printing specified in subsection 1 must be placed9-37
by legislators with the director of the legislative counsel bureau, who shall9-38
approve those claims which comply with the provisions of this section and9-39
shall pay the claims from the legislative fund .9-40
10-1
4. A legislator may purchase from the state printing division of the10-2
department of administration official stationery, cards and other material10-3
appropriate to his official duties in excess of that specified in subsection 110-4
at his own expense.10-5
Sec. 15. NRS 218.230 is hereby amended to read as follows: 218.230 1.10-7
there must be paid to the10-8
for all services rendered by them under the provisions of this chapter, the10-9
following sums of money for each day’s employment and no more:10-10
Senate10-11
Assistant director of bill services $7410-12
Assistant secretary 10910-13
Assistant sergeant at arms 8210-14
Bill clerk 6010-15
Committee manager 10110-16
Committee secretary 8810-17
Deputy sergeant at arms 8810-18
Director of bill services 8010-19
Director of clerical services 10310-20
Executive assistant 10110-21
Finance secretary 9910-22
Front desk assistant 10110-23
History clerk 10110-24
Journal clerk 10110-25
Media clerk 10110-26
Recording clerk 10110-27
Secretary 8010-28
Senior committee secretary 9610-29
Senior page 7510-30
Sergeant at arms 10310-31
Typist 6810-32
Assembly10-33
Assistant chief clerk $10910-34
Assistant sergeant at arms 8210-35
Assistant supervisor of bill clerks 7410-36
Bill clerk 6010-37
Committee manager 10110-38
Committee secretary 8810-39
Deputy sergeant at arms 8811-1
Document clerk $10111-2
Executive assistant 10111-3
History clerk 10111-4
Journal clerk 10111-5
Media clerk 10111-6
Page 6011-7
Recording clerk 10111-8
Secretary 8011-9
Senior committee secretary 9611-10
Senior page 7511-11
Sergeant at arms 10311-12
Supervisor of bill clerks 8011-13
Supervisor of secretarial staff 10311-14
Typist 6811-15
Ways and means secretary 9911-16
2. During periods of adjournment to a day certain, employees of the11-17
legislature whose service is required shall perform duties as assigned and11-18
are entitled to be paid the amount specified in11-19
for each day of service.11-20
3. During periods before the commencement of a session and after11-21
the adjournment of a session sine die, employees of the legislature whose11-22
service is required shall perform duties as assigned and are entitled to be11-23
paid at an hourly rate commensurate with the daily rate specified in11-24
subsection 1.11-25
Sec. 16. NRS 218.240 is hereby amended to read as follows: 218.240 1. The legislative counsel and the legal division of the11-27
legislative counsel bureau shall prepare and assist in the preparation and11-28
amendment of legislative measures when requested or upon suggestion as11-29
provided in NRS 218.240 to 218.255, inclusive11-30
inclusive, of this act. Except as otherwise provided in those provisions, the11-31
legislative counsel and the legal division of the legislative counsel bureau11-32
shall not prepare or assist in the preparation and amendment of legislative11-33
measures directly submitted or requested by a natural person, corporation,11-34
firm, association or other entity, including an organization that represents11-35
governmental agencies, unless the requester, or if the requester is a natural11-36
person the office or other position held by the person, is created by the11-37
constitution or laws of this state.11-38
2.11-39
11-40
11-41
11-42
12-1
12-2
concerning any measure before the legislature which is requested by the12-3
governor, the senate or assembly, or any committee of the legislature12-4
having the measure before it for consideration.12-5
12-6
state printing division of the department of administration and request that12-7
he print or preset the type for printing a legislative measure before its12-8
introduction upon the consent of the person or persons requesting the12-9
measure. If the measure has been requested by a legislator, the12-10
superintendent shall promptly comply with this request.12-11
Sec. 17. NRS 218.241 is hereby amended to read as follows: 218.241 1. Upon request made within the time allowed and12-13
limits established12-14
NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this12-15
act, the legislative counsel shall advise any agency or officer of the12-16
executive branch of the state government, and12-17
school district or city, as to the preparation of measures to be submitted to12-18
the legislature.12-19
2. To ensure the greatest possible equity in the handling of requests,12-20
drafting must proceed as follows:12-21
(a) Requests for legislative measures from each agency or officer of the12-22
executive branch of the state government or from a county, school district12-23
or city must, insofar as is possible, be acted upon in the order in which they12-24
are received, unless a different priority is designated by the requester.12-25
(b) As soon as an agency or officer of the executive branch of the state12-26
government has requested 10 legislative measures for any session, the12-27
legislative counsel may request the agency or officer to designate the12-28
priority for each succeeding request.12-29
(c)12-30
a regular session of the legislature, any county, school district or city which12-31
has requested the preparation of more than one legislative measure for that12-32
session shall submit to the legislative counsel a list which designates the12-33
order of priority for each request.12-34
The priority designated pursuant to this subsection must guide the12-35
legislative counsel in acting upon the requests of the respective agencies12-36
and officers of the executive branch of the state government and the12-37
counties, school districts and cities to ensure each agency and officer, and12-38
each county, school district and city, as nearly as is possible, an equal rank.12-39
Sec. 18. NRS 218.242 is hereby amended to read as follows: 218.242 Upon request, within the limits established pursuant to NRS12-41
218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or12-42
by the legislature by concurrent resolution, the legislative counsel shall12-43
assist any legislator in the preparation of bills and resolutions, drafting13-1
them in proper form, and furnishing the legislator the fullest information13-2
upon all matters within the scope of his duties. The legislative counsel13-3
shall, insofar as is possible, act upon all legislators’ requests for legislative13-4
measures in the order in which they are received. To assure the greatest13-5
possible equity in the handling of requests, drafting must proceed as13-6
follows:13-7
1. If he so desires, a legislator may designate a different priority for his13-8
bills and resolutions which the legislative counsel shall observe, insofar as13-9
is possible.13-10
2. The drafting of requests for legislative measures from chairmen or13-11
members of standing committees or special committees, on behalf of those13-12
committees, must not, except where urgency is recognized, take precedence13-13
over the priority established or designated for individual legislators’ bills13-14
and resolutions.13-15
Sec. 19. NRS 218.245 is hereby amended to read as follows: 218.245 1. Except as otherwise provided in subsections 2 and 5, the13-17
legislative counsel and the legal division of the legislative counsel bureau13-18
shall not prepare or assist in the preparation of proposed legislation for any13-19
agency or officer of the executive branch of the state government or for a13-20
county, school district or city before a regular session of the legislature13-21
unless the request is approved by the governor or a designated member of13-22
his staff, or the governing body of the county, school district or city, and13-23
transmitted to the legislative counsel before September 1 preceding the13-24
convening of the session.13-25
2. A request for proposed legislation may be submitted to the13-26
legislative counsel by the board of regents of the University of Nevada,13-27
lieutenant governor, secretary of state, attorney general, state controller or13-28
state treasurer without the approval of the governor or a designated member13-29
of his staff.13-30
3. After November 1, preceding a legislative session, the legislative13-31
counsel and the legal division of the legislative counsel bureau shall give13-32
full priority to the preparation of proposed legislation requested by13-33
members of the legislature.13-34
4. The legislative counsel and the legal division of the legislative13-35
counsel bureau shall not prepare or assist in the preparation of any13-36
proposed legislation during any regular session of the legislature except13-37
upon the request of a member of the legislature or the personal written13-38
request of the governor13-39
legislature by joint rule.13-40
5. An agency or officer of the executive branch of the state government13-41
or a county, school district or city, shall not request a legislator to have13-42
legislation drafted on its behalf. The legislative commission, when the13-43
legislature is not in session, or a standing committee which has jurisdiction14-1
of the subject matter when the legislature is in session, may, if it finds that14-2
exceptional circumstances so warrant, authorize the drafting of legislation14-3
requested after the time limited by subsection 1.14-4
Sec. 20. NRS 218.247 is hereby amended to read as follows: 218.247 1. The legislative counsel and the legal division of the14-6
legislative counsel bureau shall prepare and assist in the preparation14-7
14-8
14-9
14-10
legislative measures are transmitted to the legislative counsel before14-11
September 1 preceding the commencement of the next regular session of14-12
the legislature. The supreme court may transmit to the legislative counsel14-13
pursuant to this section not more than 20 legislative measures on behalf14-14
of the supreme court and district courts of this state and not more than 514-15
legislative measures on behalf of the municipal courts and justices’14-16
courts of this state.14-17
2. Every14-18
set forth the substance of the provisions desired or which may be needed14-19
with the reasons therefor.14-20
3. The legislative counsel14-21
14-22
14-23
pursuant to this section to the chairman of the committee on judiciary of14-24
each house at the next regular session of the legislature.14-25
Sec. 21. NRS 218.272 is hereby amended to read as follows: 218.272 1.14-27
fiscal analysis division shall obtain a fiscal note on:14-28
(a) Any bill which makes an appropriation or increases any existing14-29
appropriation;14-30
(b) Any bill or joint resolution which creates or increases any fiscal14-31
liability or decreases any revenue which appears to be in excess of $2,000;14-32
and14-33
(c) Any bill or joint resolution which increases or newly provides for a14-34
term of imprisonment in the state prison or makes release on parole or14-35
probation from the state prison less likely,14-36
before14-37
14-38
14-39
2. The fiscal note must contain a reliable estimate of the anticipated14-40
change in appropriation authority, fiscal liability or state revenue under the14-41
bill or joint resolution, including, to the extent possible, a projection of14-42
such changes in future biennia.15-1
15-2
inclusive, or in the joint rules of the senate and assembly, the estimates15-3
must be made by the agency receiving the appropriation or collecting the15-4
revenue.15-5
15-6
relating exclusively to the proposed executive budget.15-7
Sec. 22. NRS 218.2723 is hereby amended to read as follows: 218.2723 Before a vote is taken by a committee of the assembly or15-9
the senate on any bill or joint resolution which reduces the revenues or15-10
increases the expenditures of a local government or any bill which15-11
increases or newly provides for a term of imprisonment in a county or city15-12
jail or detention facility, or makes release on probation therefrom less15-13
likely,15-14
15-15
analysis division shall prepare a fiscal note after consultation with the15-16
appropriate local governments or their representatives.15-17
Sec. 23. NRS 218.2725 is hereby amended to read as follows: 218.2725 1. Before a vote is taken by a committee of the assembly15-19
or the senate on any bill or joint resolution which affects the premiums15-20
charged to employers as provided in chapters 616A, 616B, 616C, 616D or15-21
617 of NRS or the state insurance fund established by chapters 616A to15-22
616D, inclusive, of NRS ,15-23
15-24
15-25
manner and form, to the extent applicable, provided for in NRS 218.272 to15-26
218.2758, inclusive, showing the financial effect on the premiums charged15-27
employers by the state industrial insurance system or on the state insurance15-28
fund.15-29
2. The state industrial insurance system shall provide such information15-30
upon request of the fiscal analysis division.15-31
3. The department of administration is not required to review such a15-32
fiscal note, but upon request of any legislator, the fiscal analysis division15-33
shall review the note and submit its findings to the requester.15-34
Sec. 24. NRS 218.380 is hereby amended to read as follows: 218.38015-36
by the legislative counsel, or such person as he15-37
,15-38
of his staff to receive and receipt for the same in his name.15-39
Sec. 25. NRS 218.390 is hereby amended to read as follows: 218.390 1. An enrolled joint resolution proposing an amendment to15-41
the constitution of the State of Nevada15-42
16-1
official engrossed copy thereof to the secretary of state or such deputy or16-2
clerk as he designates in writing.16-3
2. The secretary of state shall cause the enrolled resolution and the16-4
engrossed copy thereof to be filed in his office, and shall deliver them to16-5
the presiding officer of the house in which the proposed amendment16-6
originated at the next ensuing session of the legislature. The enrolled16-7
resolution accompanied by the engrossed copy thereof must thereupon be16-8
laid before the house for action, and if approved by a majority of the16-9
members elected thereto, must again be deposited with and filed by the16-10
secretary of state so that it may be placed upon the ballot at the next16-11
ensuing general election.16-12
3. The history of the joint resolution containing a notation that it has16-13
been returned to the house of its origin by the secretary of state must be16-14
noted on the engrossed copy of the resolution, and must likewise appear16-15
upon the enrolled copy thereof. The enrolled copy must bear the original16-16
signatures of the presiding officers and secretary and clerk of the respective16-17
houses for both sessions of the legislature at which the proposed16-18
amendment to the constitution was considered.16-19
4. The secretary of state shall cause all proposed amendments to the16-20
constitution to be published in the printed volume of the statutes for each16-21
year when they have been considered by the legislature.16-22
Sec. 26. NRS 218.400 is hereby amended to read as follows: 218.400 1. As soon as an enrolled bill16-24
delivered to the governor, any person duly authorized shall endorse by16-25
stamp, on the back of the enrolled copy of such bill ,16-26
over his signature, from whom and which house the bill was received, the16-27
date and hour of receipt, and the number of pages comprising the16-28
bill, and shall compute and note thereon the time limit for action by the16-29
governor, excluding the day of receipt and Sundays, which16-30
exceed the constitutional limit for such action.16-31
2. Within such time limit the bill16-32
approved, be signed by the governor immediately after the signatures of the16-33
officials of both houses as follows:16-34
State of Nevada16-35
Executive Department16-36
Approved16-37
.....a.m.....p.m.16-38
........(month)........(day)........(year)16-39
.........................(Governor)17-1
3. Immediately following such approval, without alteration or17-2
correction, the bill17-3
secretary of state, who shall endorse on the back thereof, following the17-4
endorsement of such duly authorized person:17-5
Received and filed.17-6
.....(hour)17-7
........(month)........(day)........(year)17-8
...................(Secretary of State)17-9
Sec. 27. NRS 218.410 is hereby amended to read as follows: 218.410 The secretary of state, or such deputy or clerk as he17-11
17-12
17-13
17-14
pages contained therein, and the hour and date received. Such receipt17-15
17-16
Sec. 28. NRS 218.420 is hereby amended to read as follows: 218.420 1. If the governor does not approve a bill17-18
17-19
presented to him, the bill17-20
17-21
17-22
thereto,17-23
2. Such house shall thereupon proceed to reconsider the vetoed bill17-24
17-25
houses by a two-thirds vote of the members elected to each house, the bill17-26
17-27
a law notwithstanding the objections of the governor, and17-28
delivered by the legislative counsel directly to the secretary of state for17-29
filing, who shall receipt to the legislative counsel therefor.17-30
Sec. 29. NRS 218.430 is hereby amended to read as follows: 218.430 1. If the legislature ,17-32
17-33
after delivery to the governor, Sundays excepted, the bill17-34
17-35
his signature, unless within 10 days next after the adjournment, Sundays17-36
excepted, he17-37
objections thereto with the secretary of state.17-38
2. The secretary of state shall lay the bill17-39
the legislature at its next regular session in like manner as if it had been17-40
returned by the governor directly to the house in which it originated. If the17-41
bill17-42
members elected to each house of the legislature, upon a vote taken by yeas18-1
and nays, to be entered upon the journals of each house, the bill18-2
18-3
becomes a law and must be delivered by the legislative counsel directly to18-4
the secretary of state for filing, who shall receipt to the legislative counsel18-5
therefor.18-6
Sec. 30. NRS 218.440 is hereby amended to read as follows: 218.440 1. The secretary of state shall, after the final adjournment of18-8
each session of the legislature, cause all legislative bills18-9
18-10
resolutions, concurrent resolutions and memorials to be bound in a18-11
substantial and suitable book or books, together with an index thereof.18-12
2. The expenses incurred in such work must be paid by the state in the18-13
manner directed by the state board of examiners.18-14
Sec. 31. NRS 218.464 is hereby amended to read as follows: 218.464 1. The following persons are entitled to receive free of18-16
charge in any one calendar year any bill, resolution, daily history, daily18-17
journal or index, in the number of copies shown, upon verification of their18-18
wishes to receive the publication:18-19
(a) Justices and the clerk of the supreme court, one copy;18-20
(b) County clerks and district attorneys, one copy;18-21
(c) A judge and clerk of a district court in a judicial district having one18-22
judge, one copy; and18-23
(d) The judges and the administrator or clerk of a district court in a18-24
judicial district having more than one judge, two copies.18-25
2. Upon approval of the committee18-26
which has jurisdiction of issues relating to legislative functions ,18-27
18-28
without charge, except for the cost of handling and postage as determined18-29
by the director of the legislative counsel bureau.18-30
Sec. 32. NRS 218.466 is hereby amended to read as follows: 218.466 1. The following persons, offices or organizations, upon18-32
request, are entitled to receive free of charge in any one calendar year one18-33
copy of any bill, resolution, daily history, daily journal or index:18-34
(a) Elected state officers.18-35
(b) Offices of all state departments and agencies.18-36
(c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.18-37
(d) Offices of other county officials.18-38
(e) Municipal officers.18-39
(f) Districts and other governmental agencies.18-40
(g) Justices of the peace.18-41
(h) The state library and archives.18-42
(i) County and city libraries and libraries of the University and18-43
Community College System of Nevada.19-1
(j) Accredited members of the press.19-2
2. Upon approval of the committee19-3
which has jurisdiction of issues relating to legislative functions ,19-4
19-5
offices or organizations without charge, except for the cost of any handling19-6
and postage as determined by the director of the legislative counsel bureau.19-7
3. Township, school and municipal officials may have distributed, free19-8
of charge, the number of copies of any bill or other legislative publication19-9
that is approved by the committee on legislative functions of the senate or19-10
assembly.19-11
Sec. 33. NRS 218.500 is hereby amended to read as follows: 218.500 1. The secretary of state shall furnish to the superintendent19-13
of the state printing division of the department of administration, within 319-14
days19-15
19-16
memorials passed at each session.19-17
2. The director of the legislative counsel bureau shall:19-18
(a) Distribute one copy of each act as printed to each county clerk,19-19
district judge, district attorney and justice of the peace in the state.19-20
(b) Immediately upon the adjournment of the session, collect and have19-21
printed and bound advance sheets of all acts, resolutions and memorials19-22
passed at the session.19-23
(c) Distribute one copy of the advance sheets, without charge, to each19-24
justice of the supreme court, the attorney general, the state public defender,19-25
and to each county clerk, district judge, district attorney, county public19-26
defender, justice of the peace, city attorney and municipal judge in the19-27
state, deliver to the supreme court law library a number of copies19-28
appropriate to secure the exchange of similar publications from other states,19-29
and establish the price at which the advance sheets must be sold to other19-30
persons.19-31
3. The legislative counsel shall, immediately upon the adjournment of19-32
the session, prepare statutory tables and an index of all acts, resolutions and19-33
memorials passed at the session.19-34
4. The superintendent, upon receipt of the statutory tables and index,19-35
shall prepare bound volumes of the Statutes of Nevada as provided in NRS19-36
218.510.19-37
Sec. 34. NRS 218.5375 is hereby amended to read as follows: 218.5375 1. There is hereby created a legislative committee on19-39
workers’ compensation. The committee consists of:19-40
(a) Four members appointed by the majority leader of the senate, in19-41
consultation with the minority leader of the senate, from the membership of19-42
the senate standing committee20-1
jurisdiction of issues relating to workers’ compensation during the20-2
immediately preceding session of the legislature.20-3
(b) Four members appointed by the speaker of the assembly from the20-4
membership of the assembly standing committee20-5
20-6
compensation during the immediately preceding session of the legislature.20-7
The members must represent each political party represented in the20-8
assembly in the approximate proportion that they are represented in that20-9
house, but at least one member must be chosen from each political party.20-10
2. The members of the committee shall elect a chairman and vice20-11
chairman from among their members. The chairman must be elected from20-12
one house of the legislature and the vice chairman from the other house.20-13
After the initial election of a chairman and vice chairman, each of those20-14
officers holds office for a term of 2 years commencing on July 1 of each20-15
odd-numbered year. If a vacancy occurs in the chairmanship or vice20-16
chairmanship, the members of the committee shall elect a replacement for20-17
the remainder of the unexpired term.20-18
3. Any member of the committee who is not a candidate for reelection20-19
or who is defeated for reelection continues to serve until the convening of20-20
the next session of the legislature.20-21
4. Vacancies on the committee must be filled in the same manner as20-22
original appointments.20-23
Sec. 35. NRS 218.610 is hereby amended to read as follows: 218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 720-25
and 8 of this act, "agency of the state" includes all offices, departments,20-26
boards, commissions or institutions of the state, and the state industrial20-27
insurance system.20-28
Sec. 36. NRS 218.640 is hereby amended to read as follows: 218.64020-30
Money to carry out the functions of the legislative counsel bureau must be20-31
provided by legislative appropriation from the state general fund to the20-32
legislative fund .20-33
20-34
legislative counsel bureau or his designee before they are paid.20-35
Sec. 37. NRS 218.644 is hereby amended to read as follows: 218.644 1. The legislative counsel bureau shall maintain a checking20-37
account in any qualified bank for the purposes of providing advance money20-38
and reimbursement to legislators and employees for travel expenses, paying20-39
the salaries of persons on the payroll of the legislative branch of20-40
government, related payroll costs , other expenses which may or must be20-41
paid from the legislative fund and any other expenses directed by the20-42
legislative commission. The account must be secured by a depository bond20-43
to the extent the account is not insured by the Federal Deposit Insurance21-1
Corporation. All checks written on this account must be signed by the21-2
chairman of the legislative commission and the director of the legislative21-3
counsel bureau or his designee, except that during a regular session of the21-4
legislature, the majority leader of the senate and the speaker of the21-5
assembly shall sign the checks.21-6
2. A request for advance money for travel constitutes a lien in favor of21-7
the legislative fund upon the accrued salary, subsistence allowance and21-8
travel expenses of the legislator or employee in an amount equal to the sum21-9
advanced.21-10
3. The legislator or employee is entitled to receive upon request any21-11
authorized travel expenses in excess of the amount advanced. The legislator21-12
or employee shall reimburse the legislative fund any amount advanced that21-13
is not used for reimbursable travel expenses.21-14
Sec. 38. NRS 218.6824 is hereby amended to read as follows: 218.6824 1. There is hereby created a budget subcommittee of the21-16
legislative commission.21-17
2. The chairman of the legislative commission shall appoint to the21-18
subcommittee the persons designated by the speaker designate of the21-19
assembly to be members of the assembly standing committee on ways and21-20
means and the persons designated by the majority leader designate of the21-21
senate to be members of the senate standing committee on finance for the21-22
next ensuing session of the legislature.21-23
3. The budget subcommittee shall conclude its activities before the21-24
next regular legislative session is convened.21-25
4. The budget subcommittee shall21-26
21-27
21-28
21-29
21-30
by the legislature at the next ensuing session.21-31
Sec. 39. NRS 218.685 is hereby amended to read as follows: 218.685 Notwithstanding the provisions of NRS 218.150 and 218.180,21-33
between sessions of the legislature, the director of the legislative counsel21-34
bureau, with the approval of the legislative commission, may appoint such21-35
technical, clerical and operational staff as the functions and operations of21-36
the legislature may require. Salaries and21-37
21-38
Sec. 40. NRS 218.697 is hereby amended to read as follows: 218.697 1. Upon request, the legislative counsel shall represent any21-40
legislator in any matter before the commission on ethics.21-41
2. When deemed necessary or advisable to protect the official interests21-42
of the legislature or one or more legislative committees, the legislative21-43
commission, or the chairman of the legislative commission in cases where22-1
action is required before a meeting of the legislative commission is22-2
scheduled to be held, may direct the legislative counsel and his staff to22-3
appear in, commence, prosecute, defend or intervene in any action, suit,22-4
matter, cause or proceeding in any court or agency of this state or of the22-5
United States.22-6
3.22-7
the expenses and costs incurred pursuant to this section22-8
22-9
Sec. 41. NRS 233B.050 is hereby amended to read as follows: 233B.050 1. In addition to other regulation-making requirements22-11
imposed by law, each agency shall:22-12
(a) Adopt rules of practice, setting forth the nature and requirements of22-13
all formal and informal procedures available, including a description of all22-14
forms and instructions used by the agency.22-15
(b) Make available for public inspection all rules of practice and22-16
regulations adopted or used by the agency in the discharge of its functions22-17
and that part of the Nevada Administrative Code which contains its22-18
regulations.22-19
(c) Make available for public inspection all final orders, decisions and22-20
opinions except those expressly made confidential or privileged by statute.22-21
(d) Review its rules of practice at least once every 3 years and file with22-22
the secretary of state a statement setting forth the date on which the most22-23
recent review of those rules was completed and describing any revisions22-24
made as a result of the review.22-25
(e) Review its regulations at least once every 10 years to determine22-26
whether it should amend or repeal any of the regulations. Within 30 days22-27
after completion of the review, the agency shall submit a report to the22-28
22-29
regular session of the legislature. The report must include the date on which22-30
the agency completed its review of the regulations and describe any22-31
regulation that must be amended or repealed as a result of the review.22-32
22-33
22-34
22-35
2. A regulation, rule, final order or decision of an agency is not valid or22-36
effective against any person or party, nor may it be invoked by the agency22-37
for any purpose, until it has been made available for public inspection as22-38
required in this section, except that this provision does not apply in favor of22-39
any person or party who has actual knowledge thereof.22-40
Sec. 42. NRS 233B.0665 is hereby amended to read as follows: 233B.0665 If a regulation submitted to the legislative counsel bureau22-42
pursuant to NRS 233B.067 is not accompanied by an informational22-43
statement which complies with the requirements of NRS 233B.066, the23-1
23-2
the agency with a note that the statement is missing. Unless the statement is23-3
supplied, the23-4
the commission, and the regulation never becomes effective. If the23-5
statement is supplied, the time for action upon the regulation must be23-6
computed from the date of delivering the statement to the23-7
legislative counsel.23-8
Sec. 43. NRS 233B.067 is hereby amended to read as follows: 233B.067 1. After adopting a permanent regulation, the agency shall23-10
submit the informational statement prepared pursuant to NRS 233B.06623-11
and one copy of each regulation adopted to the23-12
counsel23-13
it to a joint interim committee, to determine whether the regulation23-14
conforms to the statutory authority pursuant to which it was adopted and23-15
whether the regulation carries out the intent of the legislature in granting23-16
that authority. The23-17
original and the copy of each adopted regulation the date of their receipt.23-18
The23-19
in a file and make the copy available for public inspection for 2 years.23-20
2. If an agency submits an adopted regulation to the23-21
legislative counsel23-22
(a) The agency is required to adopt pursuant to a federal statute or23-23
regulation; and23-24
(b) Exceeds the specific statutory authority of the agency or sets forth23-25
requirements that are more stringent than a statute of this state,23-26
it shall include a statement that adoption of the regulation is required by a23-27
federal statute or regulation. The statement must include the specific23-28
citation of the federal statute or regulation requiring such adoption.23-29
3. The legislative commission, or the joint interim committee if the23-30
commission has referred it to such a committee, shall review the regulation23-31
at its next regularly scheduled meeting if the regulation is received more23-32
than 10 working days before the meeting and a regular meeting is held23-33
within 35 days after receipt of the regulation. The commission may appoint23-34
a committee composed of three or more members of the commission or any23-35
joint interim committee to examine proposed regulations received more23-36
than 35 days before a regular meeting is scheduled to be held.23-37
4. The legislative commission shall notify the23-38
counsel of the results of its review within 30 days after receipt of the23-39
regulation from the agency. If the commission does not object to the23-40
regulation, the23-41
of state within 35 days after receipt from the agency and notify the agency23-42
of the filing. If the commission objects to the regulation after determining23-43
that:24-1
(a) If subsection 2 is applicable, the regulation is not required pursuant24-2
to a federal statute or regulation;24-3
(b) The regulation does not conform to statutory authority; or24-4
(c) The regulation does not carry out legislative intent,24-5
the24-6
notice of the objection of the commission, including a statement of the24-7
reasons for its objection, and shall promptly return the regulation to the24-8
agency.24-9
Sec. 44. NRS 233B.0675 is hereby amended to read as follows: 233B.0675 1. If the legislative commission has objected to a24-11
regulation, the agency may revise it and return it to the24-12
legislative counsel .24-13
24-14
commission at its next regularly scheduled meeting. If the commission does24-15
not object to the revised regulation, the24-16
promptly file the revised regulation with the secretary of state and notify24-17
the agency of the filing.24-18
2. If the legislative commission objects to the revised regulation, the24-19
agency may continue to revise it and resubmit it to the commission.24-20
3. If the agency refuses to revise a regulation to which the legislative24-21
commission has objected, the commission may suspend the filing of the24-22
regulation until the 30th day of the next regular session of the legislature.24-23
Before the 30th day of the next regular session the legislature may, by24-24
concurrent resolution, declare that the regulation will not become effective.24-25
The24-26
regulation will not be filed and must not be enforced. If the legislature has24-27
not so declared by the 30th day of the session, the24-28
counsel shall promptly file the regulation and notify the agency of the24-29
filing.24-30
Sec. 45. NRS 233B.0681 is hereby amended to read as follows: 233B.0681 The legislative commission may provide for:24-32
1. Its early review of a regulation after the agency has given notice of a24-33
hearing on the regulation but before the hearing is held. If the regulation24-34
adopted after the hearing is identical to the regulation submitted for early24-35
review, the24-36
with the secretary of state and notify the agency of the filing.24-37
2. A waiver of its review of a regulation in a case of administrative24-38
convenience or necessity.24-39
Sec. 46. NRS 233B.070 is hereby amended to read as follows: 233B.070 1. A permanent regulation becomes effective when the24-41
24-42
the original of the final draft or revision of a regulation, except as otherwise25-1
provided in NRS 233B.0665 or where a later date is specified in the25-2
regulation.25-3
2. A temporary or emergency regulation becomes effective when the25-4
agency files with the secretary of state the original of the final draft or25-5
revision of a regulation, together with the informational statement prepared25-6
pursuant to NRS 233B.066. The agency shall also file a copy of the25-7
temporary or emergency regulation with the legislative counsel ,25-8
together with the informational statement prepared pursuant to NRS25-9
233B.066.25-10
3. The secretary of state shall maintain the original of the final draft or25-11
revision of each regulation in a permanent file to be used only for the25-12
preparation of official copies.25-13
4. The secretary of state shall file, with the original of each agency’s25-14
rules of practice, the current statement of the agency concerning the date25-15
and results of its most recent review of those rules.25-16
5. Immediately after each permanent or temporary regulation is filed,25-17
the agency shall deliver one copy of the final draft or revision, bearing the25-18
stamp of the secretary of state indicating that it has been filed, including25-19
material adopted by reference which is not already filed with the state25-20
library and archives administrator, to the state library and archives25-21
administrator for use by the public. If the agency is a licensing board as25-22
defined in NRS 439B.225 and it has adopted a permanent regulation25-23
relating to standards for licensing or for the renewal of a license issued to a25-24
person or facility regulated by the agency, the agency shall also deliver one25-25
copy of the regulation, bearing the stamp of the secretary of state, to the25-26
legislative committee on health care within 10 days after the regulation is25-27
filed with the secretary of state.25-28
6. Each agency shall furnish a copy of all or part of that part of the25-29
Nevada Administrative Code which contains its regulations, to any person25-30
who requests a copy, and may charge a reasonable fee for the copy based25-31
on the cost of reproduction if it does not have money appropriated or25-32
authorized for that purpose.25-33
7. An agency which publishes any regulations included in the Nevada25-34
Administrative Code shall use the exact text of the regulation as it appears25-35
in the Nevada Administrative Code, including the leadlines and numbers of25-36
the sections. Any other material which an agency includes in a publication25-37
with its regulations must be presented in a form which clearly distinguishes25-38
that material from the regulations.25-39
Sec. 47. NRS 233B.115 is hereby amended to read as follows: 233B.115 1. Any person who objects to the content of a form25-41
required by an agency to be used in submitting an application, making a25-42
declaration or providing other information may request the legislative25-43
commission to determine whether the information required and the26-1
instructions for its preparation conform to the statutory authority pursuant26-2
to which the agency requires it. The legislative commission may also make26-3
such a determination on its own motion.26-4
2. If the legislative commission finds that any part of the information or26-5
instructions does not conform to statutory authority, the26-6
legislative counsel26-7
3. After notification by the26-8
of the legislative commission’s objection to the form, the agency may26-9
revise the form to conform to statutory authority and resubmit it to the26-10
legislative commission. The agency shall not use the form until it has26-11
submitted a revised version to the legislative commission and the26-12
commission has approved the form.26-13
4. If the agency refuses to revise the form, it shall not use the form until26-14
after the expiration of the first 30 days of the next regular session of the26-15
legislature. Before the 30th day of the next regular session the legislature26-16
may, by concurrent resolution, declare that the form must not be used. The26-17
26-18
not use the form. If the legislature has not so declared by the 30th day of26-19
the session, the26-20
agency that it may use the form.26-21
Sec. 48. NRS 353.090 is hereby amended to read as follows: 353.090 1. Except for claims against the legislative fund or for the26-23
payment of the salaries of public officers, every claim for payment from the26-24
state treasury pursuant to an appropriation or authorization by the26-25
legislature must be presented to the state board of examiners for a26-26
determination of its correctness. The state board of examiners may adopt26-27
regulations providing for the use of sampling procedures and postaudit26-28
techniques for making such a determination.26-29
2. Any money which:26-30
(a) Is allocated to this state pursuant to a federal program in the form of26-31
a letter of credit or its equivalent;26-32
(b) Is authorized for expenditure by the legislature;26-33
(c) Has not been deposited in the state treasury; and26-34
(d) Is immediately available to this state through an automated federal26-35
payment management system,26-36
shall be deemed to be available for a claim for payment from the state26-37
treasury.26-38
3. The state controller shall not allow or draw his warrant for:26-39
(a) Any claim of the class described in this section which has not been26-40
approved by the state board of examiners; or26-41
(b) A greater amount than allowed by the board,26-42
except when the claim has not been acted upon by the board within 30 days26-43
after its presentation to the board.27-1
Sec. 49. NRS 353.211 is hereby amended to read as follows: 353.211 1. On or before October 15 of each even-numbered year, the27-3
chief shall provide to the fiscal analysis division of the legislative counsel27-4
bureau:27-5
(a) Computerized budget files containing the actual data regarding27-6
revenues and expenditures for the previous year;27-7
(b) The work programs for the current year; and27-8
(c) Each agency’s requested budget for the next 2 fiscal years.27-9
2. On or before December 31 of each even-numbered year, the chief27-10
shall provide to the fiscal analysis division:27-11
(a) Each agency’s adjusted base budget by budgetary account for the27-12
next 2 fiscal years; and27-13
(b) An estimated range of the costs for:27-14
(1) Continuing the operation of state government; and27-15
(2) Providing elementary, secondary and higher public education,27-16
at the current level of service.27-17
3. The information provided to the fiscal analysis division pursuant to27-18
subsections 1 and 2 is open for public inspection.27-19
27-20
27-21
27-22
27-23
27-24
27-25
27-26
Sec. 50. NRS 353.230 is hereby amended to read as follows: 353.230 1. The chief shall review the estimates, altering, revising,27-28
increasing or decreasing the items of the estimates as he may deem27-29
necessary in view of the needs of the various departments, institutions and27-30
agencies in the executive department of the state government and the total27-31
anticipated income of the state government and of the various departments,27-32
institutions and agencies of the executive department during the next fiscal27-33
year. In performing the duties required by this subsection, the chief shall27-34
use the projections and estimates prepared by the economic forum pursuant27-35
to NRS 353.228.27-36
2. The chief shall meet with a fiscal analyst of the legislative counsel27-37
bureau or his designated representative and personnel of the various27-38
departments, institutions and agencies of the executive department to27-39
discuss:27-40
(a) The budgetary requests of each department, institution and agency;27-41
and28-1
(b) The budgetary recommendations of the budget division for each28-2
department, institution and agency,28-3
for the next 2 fiscal years. The chief shall allow the fiscal analyst of the28-4
legislative counsel bureau or his designated representative full access to all28-5
materials connected with the review.28-6
3. The chief shall then prepare a final version of the proposed budget,28-7
in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it28-8
to the governor. The final version of the proposed budget must include the28-9
adjusted base budget for each department, institution and agency of the28-10
executive department, the costs for continuing each program at the current28-11
level of service and the costs, if any, for new programs, recommended28-12
enhancements of existing programs or reductions for the departments,28-13
institutions and agencies of the executive department for the next 2 fiscal28-14
years. All projections of revenue and any other information concerning28-15
future state revenue contained in the proposed budget must be based upon28-16
the projections and estimates prepared by the economic forum pursuant to28-17
NRS 353.228.28-18
4. The governor shall ,28-19
not later than28-20
of the regular legislative session28-21
director of the legislative counsel bureau for transmittal to the28-22
legislature. The governor shall simultaneously submit, as a separate28-23
document:28-24
(a) An analysis of any new programs or enhancements of existing28-25
programs being recommended; and28-26
(b) Any increase in or new revenues which are being recommended in28-27
the proposed budget.28-28
The document must specify the total cost by department, institution or28-29
agency of new programs or enhancements, but need not itemize the specific28-30
costs. All projections of revenue and any other information concerning28-31
future state revenue contained in the document must be based upon the28-32
projections and estimates prepared by the economic forum pursuant to NRS28-33
353.228.28-34
5. On or before the28-35
session, the governor shall submit to the legislative counsel28-36
recommendations for each legislative measure which will be necessary to28-37
carry out the final version of the proposed budget. These recommendations28-38
must contain sufficient detailed information to enable the legislative28-39
counsel to prepare the necessary legislative measures.28-40
6. During the consideration of the general appropriation bill and any28-41
special appropriation bills and bills authorizing budgeted expenditures by28-42
the departments, institutions and agencies operating on money designated28-43
for specific purposes by the constitution or otherwise, drafted at the request29-1
of the legislature upon the recommendations submitted by the governor29-2
with the proposed budget, the governor or his representative have the right29-3
to appear before and be heard by the appropriation committees of the29-4
legislature in connection with the appropriation bill or bills, and to render29-5
any testimony, explanation or assistance required of him.29-6
Sec. 51. This act becomes effective on July 1, 1999.~