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; revising certain provisions governing fiscal notes concerning legislative measures; 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

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

3-40 study or investigation, except that such a committee may request the

3-41 drafting of additional legislative measures before the commencement of

3-42 a regular legislative session if the legislative commission approves each

3-43 additional 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 following constitutional officers may request the drafting of

4-16 not more 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. Must be chaired by the speaker designate of the assembly.

4-38 3. Shall receive the governor’s message and conclude its activities

4-39 upon the completion of that message.

5-1 Sec. 8. The legislative commission may, pursuant to subsection 5 of

5-2 NRS 218.682, appoint one or more special committees before the

5-3 commencement of a regular session of the legislature. Each special

5-4 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 an

5-7 assembly standing committee, other than the assembly standing

5-8 committee on ways and means, for the next ensuing regular session of

5-9 the legislature; or

5-10 (b) Majority leader designate of the senate to serve as members of a

5-11 senate standing committee, other than the senate standing committee on

5-12 finance, for the next ensuing regular session of the legislature.

5-13 2. May meet to consider issues that may require consideration during

5-14 the next ensuing session by the standing committee upon which the

5-15 members of the special committee have been designated to serve.

5-16 3. Shall conclude its activities before the commencement of the next

5-17 ensuing session.

5-18 Sec. 9. NRS 218.085 is hereby amended to read as follows:

5-19 218.085 1. The legislative fund is hereby created as a special revenue

5-20 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 legislative

5-23 appropriation from the state general fund.

5-24 3. Expenditures from the legislative fund may be made for:

5-25 (a) The payment of necessary [operating] expenses of the senate;

5-26 (b) The payment of necessary [operating] expenses of the assembly;

5-27 (c) The payment of [the] necessary improvements to the legislative

5-28 building and its grounds;

5-29 (d) The payment of expenses for the interim operation of the legislature;

5-30 and

5-31 (e) The payment of necessary [operating] expenses of, but not limited

5-32 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; and

5-38 (6) The administrative division,

5-39 of the legislative counsel bureau.

5-40 4. Expenditures from the legislative fund for purposes other than those

5-41 specified in subsection 3 or authorized specifically by another statute may

5-42 be made only upon the authority of a concurrent resolution regularly

5-43 adopted by the senate and assembly.

6-1 5. [Except as otherwise provided in NRS 218.644, all] All money in

6-2 the legislative fund must be paid out on claims approved by the director of

6-3 the legislative counsel bureau or his designee . [as other claims against the

6-4 state are paid.]

6-5 Sec. 10. NRS 218.130 is hereby amended to read as follows:

6-6 218.130 The number of officers and employees of the senate [shall]

6-7 must be determined by each session of the senate as recommended by the

6-8 senate committee [on] which has jurisdiction of issues relating to

6-9 legislative functions.

6-10 Sec. 11. NRS 218.160 is hereby amended to read as follows:

6-11 218.160 The number of officers and employees of the assembly [shall]

6-12 must be determined by each session of the assembly as recommended by

6-13 the assembly committee [on] which has jurisdiction of issues relating to

6-14 legislative functions.

6-15 Sec. 12. NRS 218.210 is hereby amended to read as follows:

6-16 218.210 [1. Each senator elected before November 4, 1986, or

6-17 appointed to succeed a senator elected before November 4, 1986, is entitled

6-18 to receive as compensation $104 per day for each day of service:

6-19 (a) During any regular session, for the number of days the legislature is

6-20 in session, or in adjournment for not more than 3 days, or the maximum

6-21 number of days for which compensation for a regular session is permitted

6-22 by the constitution, whichever is smaller; and

6-23 (b) During any special session, for the number of days the legislature is

6-24 in session or the maximum number of days for which compensation for a

6-25 special session is permitted by the constitution, whichever is smaller.

6-26 2.] Each senator and assemblyman [elected on or after November 4,

6-27 1986, or appointed to succeed a senator or assemblyman elected on or after

6-28 November 4, 1986,] is entitled to receive as compensation $130 per day for

6-29 each day of service:

6-30 [(a)] 1. During any regular session, for the number of days the

6-31 legislature is in session, or in adjournment for not more than 3 days, or the

6-32 maximum number of days for which compensation for a regular session is

6-33 permitted by the constitution, whichever is smaller; and

6-34 [(b)] 2. During any special session, for the number of days the

6-35 legislature is in session or the maximum number of days for which

6-36 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:

6-39 218.220 1. The per diem expense allowance and the travel and

6-40 telephone expenses of senators and assemblymen elected or appointed and

6-41 in attendance at any session or presession orientation conference of the

6-42 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 a

7-2 session or presession orientation conference of the legislature, and for

7-3 return travel from Carson City, Nevada, to his home upon adjournment sine

7-4 die of a session or termination of a presession orientation conference of the

7-5 legislature, each senator and assemblyman is entitled to receive:

7-6 (a) A per diem expense allowance , not to exceed the [greater of:

7-7 (1) The rate of $44; or

7-8 (2) The] maximum rate established by the Federal Government for the

7-9 [locality in which the travel is performed,] Carson City area, for one day’s

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 by

7-13 subsection 2, each senator and assemblyman is entitled to receive a

7-14 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 the

7-17 session;

7-18 (2) Travel to and from his home or temporary residence or for

7-19 traveling to and from legislative committee and subcommittee meetings or

7-20 hearings or for individual travel within the state which relates to legislative

7-21 business; and

7-22 (3) If he rents furniture for his temporary residence rather than

7-23 moving similar furniture from his home, the cost of renting that furniture

7-24 not to exceed the amount that it would have cost to move the furniture to

7-25 and from his home; and

7-26 (b) A total of $1,000 during each special session of the legislature for

7-27 travel to and from his home or temporary residence or for traveling to and

7-28 from legislative committee and subcommittee meetings or hearings or for

7-29 individual travel within the state which relates to legislative business.

7-30 4. Each senator and assemblyman is entitled to receive a per diem

7-31 expense allowance , not to exceed the [greater of:

7-32 (a) The rate of $44; or

7-33 (b) The] maximum rate established by the Federal Government for the

7-34 [locality in which the travel is performed,] Carson City area, for each day

7-35 that the legislature is in session or in a presession orientation conference

7-36 and for each day that he attends a meeting of a standing committee of

7-37 which he is a member when the legislature has adjourned for more than 4

7-38 days.

7-39 5. Each senator and assemblyman who maintains temporary quarters in

7-40 or near Carson City for which he has entered into a lease or other

7-41 agreement for continuous occupancy for the duration of a legislative

7-42 session is entitled to receive a lodging allowance equal to that portion of

7-43 the expense allowance which the legislative commission designates by rule

8-1 as being allocated to lodging, for not more than 14 days in each period in

8-2 which:

8-3 (a) The legislature has adjourned until a time certain; and

8-4 (b) The senator or assemblyman is not entitled to a per diem expense

8-5 allowance pursuant to subsection 4.

8-6 6. In addition to the per diem expense allowance authorized by

8-7 subsection 4 and the lodging allowance authorized by subsection 5, each

8-8 senator and assemblyman who maintains temporary quarters in or near

8-9 Carson City for which he has entered into a lease or other agreement for

8-10 continuous occupancy for the duration of a legislative session is entitled to

8-11 receive a lodging allowance equal to that portion of the expense allowance

8-12 which the legislative commission designates by rule as being allocated to

8-13 lodging, for not more than 17 days in each period in which:

8-14 (a) The legislature has adjourned for more than 4 days; and

8-15 (b) The senator or assemblyman must obtain temporary lodging in a

8-16 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 lodging

8-18 allowance equal to that portion of the expense allowance which the

8-19 legislative commission designates by rule as being allocated to lodging, for

8-20 not more than 6 days in each period in which:

8-21 (a) The legislature has adjourned for more than 4 days; and

8-22 (b) The senator or assemblyman must obtain temporary lodging in a

8-23 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 expense

8-25 allowance authorized by subsection 4 or the lodging allowances authorized

8-26 by subsections 5 and 6.

8-27 8. Each senator and assemblyman is entitled to receive a telephone

8-28 allowance of not more than $2,800 for the payment of tolls and charges

8-29 incurred by him in the performance of official business during each regular

8-30 session of the legislature and not more than $300 during each special

8-31 session of the legislature.

8-32 9. An employee of the legislature assigned to serve a standing

8-33 committee is entitled to receive the travel expenses and per diem expense

8-34 allowance provided by law for state employees generally if he is required to

8-35 attend a hearing of the committee outside Carson City.

8-36 10. [Except as otherwise provided in NRS 218.644, claims] Claims for

8-37 expenses made under the provisions of this section must be [made as other

8-38 claims are made against the state, and must be] paid from the legislative

8-39 fund. Claims for per diem expense allowances authorized by subsection 4

8-40 and lodging allowances authorized by subsections 5, 6 and 7 must be paid

8-41 once each week during a legislative session and upon completion of a

8-42 presession orientation conference.

9-1 11. A claim for travel expenses authorized by subsection 2 or 3 must

9-2 not be paid unless the senator or assemblyman submits a signed statement

9-3 affirming:

9-4 (a) The date of the travel; and

9-5 (b) The places of departure and arrival and, if the travel is by private

9-6 conveyance, the actual miles traveled. If the travel is not by private

9-7 conveyance, the claim must include a receipt or other evidence of the

9-8 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 standard

9-11 mileage reimbursement rate for which a deduction is allowed for the

9-12 purposes of federal income tax. If two or more legislators travel in the same

9-13 private conveyance, the legislator who provided or arranged for providing

9-14 the transportation is presumed entitled to reimbursement.

9-15 (b) If the travel is not by private conveyance, the actual amount

9-16 expended.

9-17 Transportation must be by the most economical means, considering total

9-18 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:

9-20 218.225 1. At each regular session of the legislature, each legislator

9-21 is entitled to receive at the expense of the legislative fund from the state

9-22 printing division of the department of administration the following:

9-23 (a) Not to exceed 2,000 letterheads , [(] 8 1/2 inches x 11 inches , [)]

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 3/4

9-26 envelopes, or 4,000 of either variety; and

9-27 (c) Not to exceed 2,000 business cards and 1,000 memorandum sheets ,

9-28 [(] 500 each of the small and large type or 1,000 of either type . [).]

9-29 Selections must be made from samples submitted by the superintendent of

9-30 the state printing division of the department of administration, and all

9-31 printing must be done in the state printing division of the department of

9-32 administration.

9-33 2. Each female member of the assembly is entitled to have the word

9-34 "Assemblywoman" precede the inscription of her name on her official

9-35 stationery and business cards.

9-36 3. All orders for the printing specified in subsection 1 must be placed

9-37 by legislators with the director of the legislative counsel bureau, who shall

9-38 approve those claims which comply with the provisions of this section and

9-39 shall pay the claims from the legislative fund . [in the same manner as other

9-40 claims against the state are paid.]

10-1 4. A legislator may purchase from the state printing division of the

10-2 department of administration official stationery, cards and other material

10-3 appropriate to his official duties in excess of that specified in subsection 1

10-4 at his own expense.

10-5 Sec. 15. NRS 218.230 is hereby amended to read as follows:

10-6 218.230 1. [There] Except as otherwise provided in this section,

10-7 there must be paid to the [several] employees of the senate and assembly,

10-8 for all services rendered by them under the provisions of this chapter, the

10-9 following sums of money for each day’s employment and no more:

10-10 Senate

10-11 Assistant director of bill services $74

10-12 Assistant secretary 109

10-13 Assistant sergeant at arms 82

10-14 Bill clerk 60

10-15 Committee manager 101

10-16 Committee secretary 88

10-17 Deputy sergeant at arms 88

10-18 Director of bill services 80

10-19 Director of clerical services 103

10-20 Executive assistant 101

10-21 Finance secretary 99

10-22 Front desk assistant 101

10-23 History clerk 101

10-24 Journal clerk 101

10-25 Media clerk 101

10-26 Recording clerk 101

10-27 Secretary 80

10-28 Senior committee secretary 96

10-29 Senior page 75

10-30 Sergeant at arms 103

10-31 Typist 68

10-32 Assembly

10-33 Assistant chief clerk $109

10-34 Assistant sergeant at arms 82

10-35 Assistant supervisor of bill clerks 74

10-36 Bill clerk 60

10-37 Committee manager 101

10-38 Committee secretary 88

10-39 Deputy sergeant at arms 88

11-1 Document clerk $101

11-2 Executive assistant 101

11-3 History clerk 101

11-4 Journal clerk 101

11-5 Media clerk 101

11-6 Page 60

11-7 Recording clerk 101

11-8 Secretary 80

11-9 Senior committee secretary 96

11-10 Senior page 75

11-11 Sergeant at arms 103

11-12 Supervisor of bill clerks 80

11-13 Supervisor of secretarial staff 103

11-14 Typist 68

11-15 Ways and means secretary 99

11-16 2. During periods of adjournment to a day certain, employees of the

11-17 legislature whose service is required shall perform duties as assigned and

11-18 are entitled to be paid the amount specified in [this section] subsection 1

11-19 for each day of service.

11-20 3. During periods before the commencement of a session and after

11-21 the adjournment of a session sine die, employees of the legislature whose

11-22 service is required shall perform duties as assigned and are entitled to be

11-23 paid at an hourly rate commensurate with the daily rate specified in

11-24 subsection 1.

11-25 Sec. 16. NRS 218.240 is hereby amended to read as follows:

11-26 218.240 1. The legislative counsel and the legal division of the

11-27 legislative counsel bureau shall prepare and assist in the preparation and

11-28 amendment of legislative measures when requested or upon suggestion as

11-29 provided in NRS 218.240 to 218.255, inclusive [.] , and sections 2 to 6,

11-30 inclusive, of this act. Except as otherwise provided in those provisions, the

11-31 legislative counsel and the legal division of the legislative counsel bureau

11-32 shall not prepare or assist in the preparation and amendment of legislative

11-33 measures directly submitted or requested by a natural person, corporation,

11-34 firm, association or other entity, including an organization that represents

11-35 governmental agencies, unless the requester, or if the requester is a natural

11-36 person the office or other position held by the person, is created by the

11-37 constitution or laws of this state.

11-38 2. [An interim committee which conducts a study or investigation

11-39 pursuant to subsection 5 of NRS 218.682 may request the preparation of no

11-40 more than 10 legislative measures, except that such a committee may

11-41 request the preparation of additional legislative measures if the legislative

11-42 commission approves each additional request by a majority vote.

12-1 3.] The legislative counsel shall give consideration to and service

12-2 concerning any measure before the legislature which is requested by the

12-3 governor, the senate or assembly, or any committee of the legislature

12-4 having the measure before it for consideration.

12-5 [4.] 3. The legislative counsel may deliver to the superintendent of the

12-6 state printing division of the department of administration and request that

12-7 he print or preset the type for printing a legislative measure before its

12-8 introduction upon the consent of the person or persons requesting the

12-9 measure. If the measure has been requested by a legislator, the

12-10 superintendent shall promptly comply with this request.

12-11 Sec. 17. NRS 218.241 is hereby amended to read as follows:

12-12 218.241 1. Upon request made within the time allowed and [within]

12-13 limits established [by the legislature by concurrent resolution,] pursuant to

12-14 NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this

12-15 act, the legislative counsel shall advise any agency or officer of the

12-16 executive branch of the state government, and [shall advise] any county,

12-17 school district or city, as to the preparation of measures to be submitted to

12-18 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 the

12-22 executive branch of the state government or from a county, school district

12-23 or city must, insofar as is possible, be acted upon in the order in which they

12-24 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 state

12-26 government has requested 10 legislative measures for any session, the

12-27 legislative counsel may request the agency or officer to designate the

12-28 priority for each succeeding request.

12-29 (c) [Within] Not later than 2 weeks [after] before the commencement of

12-30 a regular session of the legislature, any county, school district or city which

12-31 has requested the preparation of more than one legislative measure for that

12-32 session shall submit to the legislative counsel a list which designates the

12-33 order of priority for each request.

12-34 The priority designated pursuant to this subsection must guide the

12-35 legislative counsel in acting upon the requests of the respective agencies

12-36 and officers of the executive branch of the state government and the

12-37 counties, school districts and cities to ensure each agency and officer, and

12-38 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:

12-40 218.242 Upon request, within the limits established pursuant to NRS

12-41 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or

12-42 by the legislature by concurrent resolution, the legislative counsel shall

12-43 assist any legislator in the preparation of bills and resolutions, drafting

13-1 them in proper form, and furnishing the legislator the fullest information

13-2 upon all matters within the scope of his duties. The legislative counsel

13-3 shall, insofar as is possible, act upon all legislators’ requests for legislative

13-4 measures in the order in which they are received. To assure the greatest

13-5 possible equity in the handling of requests, drafting must proceed as

13-6 follows:

13-7 1. If he so desires, a legislator may designate a different priority for his

13-8 bills and resolutions which the legislative counsel shall observe, insofar as

13-9 is possible.

13-10 2. The drafting of requests for legislative measures from chairmen or

13-11 members of standing committees or special committees, on behalf of those

13-12 committees, must not, except where urgency is recognized, take precedence

13-13 over the priority established or designated for individual legislators’ bills

13-14 and resolutions.

13-15 Sec. 19. NRS 218.245 is hereby amended to read as follows:

13-16 218.245 1. Except as otherwise provided in subsections 2 and 5, the

13-17 legislative counsel and the legal division of the legislative counsel bureau

13-18 shall not prepare or assist in the preparation of proposed legislation for any

13-19 agency or officer of the executive branch of the state government or for a

13-20 county, school district or city before a regular session of the legislature

13-21 unless the request is approved by the governor or a designated member of

13-22 his staff, or the governing body of the county, school district or city, and

13-23 transmitted to the legislative counsel before September 1 preceding the

13-24 convening of the session.

13-25 2. A request for proposed legislation may be submitted to the

13-26 legislative counsel by the board of regents of the University of Nevada,

13-27 lieutenant governor, secretary of state, attorney general, state controller or

13-28 state treasurer without the approval of the governor or a designated member

13-29 of his staff.

13-30 3. After November 1, preceding a legislative session, the legislative

13-31 counsel and the legal division of the legislative counsel bureau shall give

13-32 full priority to the preparation of proposed legislation requested by

13-33 members of the legislature.

13-34 4. The legislative counsel and the legal division of the legislative

13-35 counsel bureau shall not prepare or assist in the preparation of any

13-36 proposed legislation during any regular session of the legislature except

13-37 upon the request of a member of the legislature or the personal written

13-38 request of the governor [.] , within any limitations established by the

13-39 legislature by joint rule.

13-40 5. An agency or officer of the executive branch of the state government

13-41 or a county, school district or city, shall not request a legislator to have

13-42 legislation drafted on its behalf. The legislative commission, when the

13-43 legislature is not in session, or a standing committee which has jurisdiction

14-1 of the subject matter when the legislature is in session, may, if it finds that

14-2 exceptional circumstances so warrant, authorize the drafting of legislation

14-3 requested after the time limited by subsection 1.

14-4 Sec. 20. NRS 218.247 is hereby amended to read as follows:

14-5 218.247 1. The legislative counsel and the legal division of the

14-6 legislative counsel bureau shall prepare and assist in the preparation [and

14-7 amendment] of legislative measures at the [written suggestion of any

14-8 justice] request of the supreme court [or judge of a district court, within

14-9 limits established by the legislature by concurrent resolution.] if the

14-10 legislative measures are transmitted to the legislative counsel before

14-11 September 1 preceding the commencement of the next regular session of

14-12 the legislature. The supreme court may transmit to the legislative counsel

14-13 pursuant to this section not more than 20 legislative measures on behalf

14-14 of the supreme court and district courts of this state and not more than 5

14-15 legislative measures on behalf of the municipal courts and justices’

14-16 courts of this state.

14-17 2. Every [suggestion of a judge] requested legislative measure must

14-18 set forth the substance of the provisions desired or which may be needed

14-19 with the reasons therefor.

14-20 3. The legislative counsel [and the legal division of the legislative

14-21 counsel bureau shall prepare a measure in accordance with the suggestion

14-22 of a judge, and] shall transmit [it] any legislative measure prepared

14-23 pursuant to this section to the chairman of the committee on judiciary of

14-24 each house at the next regular session of the legislature.

14-25 Sec. 21. NRS 218.272 is hereby amended to read as follows:

14-26 218.272 1. [The] Except as otherwise provided in subsection 4, the

14-27 fiscal analysis division shall obtain a fiscal note on:

14-28 (a) Any bill which makes an appropriation or increases any existing

14-29 appropriation;

14-30 (b) Any bill or joint resolution which creates or increases any fiscal

14-31 liability or decreases any revenue which appears to be in excess of $2,000;

14-32 and

14-33 (c) Any bill or joint resolution which increases or newly provides for a

14-34 term of imprisonment in the state prison or makes release on parole or

14-35 probation from the state prison less likely,

14-36 before [the] a vote is taken on such a bill or joint resolution [is considered

14-37 at a public hearing of] by a committee of the assembly or the senate . [, or

14-38 before any vote is taken on it by the committee.]

14-39 2. The fiscal note must contain a reliable estimate of the anticipated

14-40 change in appropriation authority, fiscal liability or state revenue under the

14-41 bill or joint resolution, including, to the extent possible, a projection of

14-42 such changes in future biennia.

15-1 [2.] 3. Except as otherwise provided in NRS 218.272 to 218.2758,

15-2 inclusive, or in the joint rules of the senate and assembly, the estimates

15-3 must be made by the agency receiving the appropriation or collecting the

15-4 revenue.

15-5 [3.] 4. The fiscal note is not required on any bill or joint resolution

15-6 relating exclusively to the proposed executive budget.

15-7 Sec. 22. NRS 218.2723 is hereby amended to read as follows:

15-8 218.2723 Before a vote is taken by a committee of the assembly or

15-9 the senate on any bill or joint resolution which reduces the revenues or

15-10 increases the expenditures of a local government or any bill which

15-11 increases or newly provides for a term of imprisonment in a county or city

15-12 jail or detention facility, or makes release on probation therefrom less

15-13 likely, [is considered at a public hearing of a committee of the assembly or

15-14 the senate or before a vote is taken thereon by the committee,] the fiscal

15-15 analysis division shall prepare a fiscal note after consultation with the

15-16 appropriate local governments or their representatives.

15-17 Sec. 23. NRS 218.2725 is hereby amended to read as follows:

15-18 218.2725 1. Before a vote is taken by a committee of the assembly

15-19 or the senate on any bill or joint resolution which affects the premiums

15-20 charged to employers as provided in chapters 616A, 616B, 616C, 616D or

15-21 617 of NRS or the state insurance fund established by chapters 616A to

15-22 616D, inclusive, of NRS , [is considered at a public hearing of a committee

15-23 of the assembly or the senate or before a vote is taken thereon by the

15-24 committee,] the fiscal analysis division shall obtain a fiscal note in the

15-25 manner and form, to the extent applicable, provided for in NRS 218.272 to

15-26 218.2758, inclusive, showing the financial effect on the premiums charged

15-27 employers by the state industrial insurance system or on the state insurance

15-28 fund.

15-29 2. The state industrial insurance system shall provide such information

15-30 upon request of the fiscal analysis division.

15-31 3. The department of administration is not required to review such a

15-32 fiscal note, but upon request of any legislator, the fiscal analysis division

15-33 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:

15-35 218.380 [The] An enrolled bill [or resolution shall] must be delivered

15-36 by the legislative counsel, or such person as he [shall] designates in writing

15-37 , [designate,] to the governor for his action, who may authorize a member

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:

15-40 218.390 1. An enrolled joint resolution proposing an amendment to

15-41 the constitution of the State of Nevada [must not be presented to the

15-42 governor for approval and signature, but] must be delivered with the

16-1 official engrossed copy thereof to the secretary of state or such deputy or

16-2 clerk as he designates in writing.

16-3 2. The secretary of state shall cause the enrolled resolution and the

16-4 engrossed copy thereof to be filed in his office, and shall deliver them to

16-5 the presiding officer of the house in which the proposed amendment

16-6 originated at the next ensuing session of the legislature. The enrolled

16-7 resolution accompanied by the engrossed copy thereof must thereupon be

16-8 laid before the house for action, and if approved by a majority of the

16-9 members elected thereto, must again be deposited with and filed by the

16-10 secretary of state so that it may be placed upon the ballot at the next

16-11 ensuing general election.

16-12 3. The history of the joint resolution containing a notation that it has

16-13 been returned to the house of its origin by the secretary of state must be

16-14 noted on the engrossed copy of the resolution, and must likewise appear

16-15 upon the enrolled copy thereof. The enrolled copy must bear the original

16-16 signatures of the presiding officers and secretary and clerk of the respective

16-17 houses for both sessions of the legislature at which the proposed

16-18 amendment to the constitution was considered.

16-19 4. The secretary of state shall cause all proposed amendments to the

16-20 constitution to be published in the printed volume of the statutes for each

16-21 year when they have been considered by the legislature.

16-22 Sec. 26. NRS 218.400 is hereby amended to read as follows:

16-23 218.400 1. As soon as an enrolled bill [or joint resolution] is

16-24 delivered to the governor, any person duly authorized shall endorse by

16-25 stamp, on the back of the enrolled copy of such bill , [or joint resolution,]

16-26 over his signature, from whom and which house the bill was received, the

16-27 date and hour of receipt, and the number of pages comprising the [same,]

16-28 bill, and shall compute and note thereon the time limit for action by the

16-29 governor, excluding the day of receipt and Sundays, which [shall] must not

16-30 exceed the constitutional limit for such action.

16-31 2. Within such time limit the bill [or joint resolution shall,] must, if

16-32 approved, be signed by the governor immediately after the signatures of the

16-33 officials of both houses as follows:

16-34 State of Nevada

16-35 Executive Department

16-36 Approved

16-37 .....a.m.....p.m.

16-38 ........(month)........(day)........(year)

16-39 .........................(Governor)

17-1 3. Immediately following such approval, without alteration or

17-2 correction, the bill [or joint resolution shall] must be deposited with the

17-3 secretary of state, who shall endorse on the back thereof, following the

17-4 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:

17-10 218.410 The secretary of state, or such deputy or clerk as he [shall

17-11 designate] designates in writing, shall receipt to the governor for all bills

17-12 [and joint resolutions] received, noting the number of such bill , [or

17-13 resolution,] the house wherein the [same] bill originated, the number of

17-14 pages contained therein, and the hour and date received. Such receipt

17-15 [shall] must be retained in the governor’s office for at least 6 years.

17-16 Sec. 28. NRS 218.420 is hereby amended to read as follows:

17-17 218.420 1. If the governor does not approve a bill [or joint

17-18 resolution] within 5 days, Sundays excepted, after it [shall have] has been

17-19 presented to him, the bill [shall become a law or the joint resolution shall

17-20 become effective] becomes a law without his signature, unless he [shall

17-21 have] has returned it to the house in which it originated, with his objections

17-22 thereto, [and which shall] which must be entered in its journal.

17-23 2. Such house shall thereupon proceed to reconsider the vetoed bill [or

17-24 joint resolution,] and if thereafter it [shall again pass] again passes both

17-25 houses by a two-thirds vote of the members elected to each house, the bill

17-26 [shall become a law or the joint resolution shall become effective] becomes

17-27 a law notwithstanding the objections of the governor, and [shall] must be

17-28 delivered by the legislative counsel directly to the secretary of state for

17-29 filing, who shall receipt to the legislative counsel therefor.

17-30 Sec. 29. NRS 218.430 is hereby amended to read as follows:

17-31 218.430 1. If the legislature , [shall,] by its final adjournment,

17-32 [prevent] prevents the return of a bill [or joint resolution] within 5 days

17-33 after delivery to the governor, Sundays excepted, the bill [shall become a

17-34 law or the joint resolution shall become effective] becomes a law without

17-35 his signature, unless within 10 days next after the adjournment, Sundays

17-36 excepted, he [shall file the bill or joint resolution] files the bill with his

17-37 objections thereto with the secretary of state.

17-38 2. The secretary of state shall lay the bill [or joint resolution] before

17-39 the legislature at its next regular session in like manner as if it had been

17-40 returned by the governor directly to the house in which it originated. If the

17-41 bill [or joint resolution shall receive] receives the vote of two-thirds of the

17-42 members elected to each house of the legislature, upon a vote taken by yeas

18-1 and nays, to be entered upon the journals of each house, the bill [shall

18-2 become a law or the joint resolution shall become effective, and shall]

18-3 becomes a law and must be delivered by the legislative counsel directly to

18-4 the secretary of state for filing, who shall receipt to the legislative counsel

18-5 therefor.

18-6 Sec. 30. NRS 218.440 is hereby amended to read as follows:

18-7 218.440 1. The secretary of state shall, after the final adjournment of

18-8 each session of the legislature, cause all legislative bills [and joint

18-9 resolutions] deposited with him after approval by the governor, and all joint

18-10 resolutions, concurrent resolutions and memorials to be bound in a

18-11 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 the

18-13 manner directed by the state board of examiners.

18-14 Sec. 31. NRS 218.464 is hereby amended to read as follows:

18-15 218.464 1. The following persons are entitled to receive free of

18-16 charge in any one calendar year any bill, resolution, daily history, daily

18-17 journal or index, in the number of copies shown, upon verification of their

18-18 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 one

18-22 judge, one copy; and

18-23 (d) The judges and the administrator or clerk of a district court in a

18-24 judicial district having more than one judge, two copies.

18-25 2. Upon approval of the committee [on] of the senate or the assembly

18-26 which has jurisdiction of issues relating to legislative functions , [of the

18-27 senate or assembly,] additional copies must be provided to these persons

18-28 without charge, except for the cost of handling and postage as determined

18-29 by the director of the legislative counsel bureau.

18-30 Sec. 32. NRS 218.466 is hereby amended to read as follows:

18-31 218.466 1. The following persons, offices or organizations, upon

18-32 request, are entitled to receive free of charge in any one calendar year one

18-33 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 and

18-43 Community College System of Nevada.

19-1 (j) Accredited members of the press.

19-2 2. Upon approval of the committee [on] of the senate or the assembly

19-3 which has jurisdiction of issues relating to legislative functions , [of the

19-4 senate or assembly,] additional copies must be provided to these persons,

19-5 offices or organizations without charge, except for the cost of any handling

19-6 and postage as determined by the director of the legislative counsel bureau.

19-7 3. Township, school and municipal officials may have distributed, free

19-8 of charge, the number of copies of any bill or other legislative publication

19-9 that is approved by the committee on legislative functions of the senate or

19-10 assembly.

19-11 Sec. 33. NRS 218.500 is hereby amended to read as follows:

19-12 218.500 1. The secretary of state shall furnish to the superintendent

19-13 of the state printing division of the department of administration, within 3

19-14 days [from the time] after he receives [each one from the governor, after

19-15 approval,] them, a copy of all acts, joint and concurrent resolutions, and

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 have

19-21 printed and bound advance sheets of all acts, resolutions and memorials

19-22 passed at the session.

19-23 (c) Distribute one copy of the advance sheets, without charge, to each

19-24 justice of the supreme court, the attorney general, the state public defender,

19-25 and to each county clerk, district judge, district attorney, county public

19-26 defender, justice of the peace, city attorney and municipal judge in the

19-27 state, deliver to the supreme court law library a number of copies

19-28 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 other

19-30 persons.

19-31 3. The legislative counsel shall, immediately upon the adjournment of

19-32 the session, prepare statutory tables and an index of all acts, resolutions and

19-33 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 NRS

19-36 218.510.

19-37 Sec. 34. NRS 218.5375 is hereby amended to read as follows:

19-38 218.5375 1. There is hereby created a legislative committee on

19-39 workers’ compensation. The committee consists of:

19-40 (a) Four members appointed by the majority leader of the senate, in

19-41 consultation with the minority leader of the senate, from the membership of

19-42 the senate standing committee [on commerce and labor] which had

20-1 jurisdiction of issues relating to workers’ compensation during the

20-2 immediately preceding session of the legislature.

20-3 (b) Four members appointed by the speaker of the assembly from the

20-4 membership of the assembly standing committee [on labor and

20-5 management] which had jurisdiction of issues relating to workers’

20-6 compensation during the immediately preceding session of the legislature.

20-7 The members must represent each political party represented in the

20-8 assembly in the approximate proportion that they are represented in that

20-9 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 vice

20-11 chairman from among their members. The chairman must be elected from

20-12 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 those

20-14 officers holds office for a term of 2 years commencing on July 1 of each

20-15 odd-numbered year. If a vacancy occurs in the chairmanship or vice

20-16 chairmanship, the members of the committee shall elect a replacement for

20-17 the remainder of the unexpired term.

20-18 3. Any member of the committee who is not a candidate for reelection

20-19 or who is defeated for reelection continues to serve until the convening of

20-20 the next session of the legislature.

20-21 4. Vacancies on the committee must be filled in the same manner as

20-22 original appointments.

20-23 Sec. 35. NRS 218.610 is hereby amended to read as follows:

20-24 218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 7

20-25 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 industrial

20-27 insurance system.

20-28 Sec. 36. NRS 218.640 is hereby amended to read as follows:

20-29 218.640 [Except as otherwise provided in NRS 218.644, money]

20-30 Money to carry out the functions of the legislative counsel bureau must be

20-31 provided by legislative appropriation from the state general fund to the

20-32 legislative fund . [, and must be paid out on claims as other claims against

20-33 the state are paid.] All claims must be approved by the director of the

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:

20-36 218.644 1. The legislative counsel bureau shall maintain a checking

20-37 account in any qualified bank for the purposes of providing advance money

20-38 and reimbursement to legislators and employees for travel expenses, paying

20-39 the salaries of persons on the payroll of the legislative branch of

20-40 government, related payroll costs , other expenses which may or must be

20-41 paid from the legislative fund and any other expenses directed by the

20-42 legislative commission. The account must be secured by a depository bond

20-43 to the extent the account is not insured by the Federal Deposit Insurance

21-1 Corporation. All checks written on this account must be signed by the

21-2 chairman of the legislative commission and the director of the legislative

21-3 counsel bureau or his designee, except that during a regular session of the

21-4 legislature, the majority leader of the senate and the speaker of the

21-5 assembly shall sign the checks.

21-6 2. A request for advance money for travel constitutes a lien in favor of

21-7 the legislative fund upon the accrued salary, subsistence allowance and

21-8 travel expenses of the legislator or employee in an amount equal to the sum

21-9 advanced.

21-10 3. The legislator or employee is entitled to receive upon request any

21-11 authorized travel expenses in excess of the amount advanced. The legislator

21-12 or employee shall reimburse the legislative fund any amount advanced that

21-13 is not used for reimbursable travel expenses.

21-14 Sec. 38. NRS 218.6824 is hereby amended to read as follows:

21-15 218.6824 1. There is hereby created a budget subcommittee of the

21-16 legislative commission.

21-17 2. The chairman of the legislative commission shall appoint to the

21-18 subcommittee the persons designated by the speaker designate of the

21-19 assembly to be members of the assembly standing committee on ways and

21-20 means and the persons designated by the majority leader designate of the

21-21 senate to be members of the senate standing committee on finance for the

21-22 next ensuing session of the legislature.

21-23 3. The budget subcommittee shall conclude its activities before the

21-24 next regular legislative session is convened.

21-25 4. The budget subcommittee shall [:

21-26 (a) Review the synopsis of the state budget prepared by the fiscal

21-27 analysis division of the legislative counsel bureau pursuant to NRS

21-28 353.211; and

21-29 (b) Consider other] consider fiscal issues that may require consideration

21-30 by the legislature at the next ensuing session.

21-31 Sec. 39. NRS 218.685 is hereby amended to read as follows:

21-32 218.685 Notwithstanding the provisions of NRS 218.150 and 218.180,

21-33 between sessions of the legislature, the director of the legislative counsel

21-34 bureau, with the approval of the legislative commission, may appoint such

21-35 technical, clerical and operational staff as the functions and operations of

21-36 the legislature may require. Salaries and [the costs of any contract services

21-37 shall] related costs must be paid from the legislative fund.

21-38 Sec. 40. NRS 218.697 is hereby amended to read as follows:

21-39 218.697 1. Upon request, the legislative counsel shall represent any

21-40 legislator in any matter before the commission on ethics.

21-41 2. When deemed necessary or advisable to protect the official interests

21-42 of the legislature or one or more legislative committees, the legislative

21-43 commission, or the chairman of the legislative commission in cases where

22-1 action is required before a meeting of the legislative commission is

22-2 scheduled to be held, may direct the legislative counsel and his staff to

22-3 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 the

22-5 United States.

22-6 3. [Expenses] The legislative commission may authorize payment of

22-7 the expenses and costs incurred pursuant to this section [may be paid by

22-8 the legislative commission] from the legislative fund.

22-9 Sec. 41. NRS 233B.050 is hereby amended to read as follows:

22-10 233B.050 1. In addition to other regulation-making requirements

22-11 imposed by law, each agency shall:

22-12 (a) Adopt rules of practice, setting forth the nature and requirements of

22-13 all formal and informal procedures available, including a description of all

22-14 forms and instructions used by the agency.

22-15 (b) Make available for public inspection all rules of practice and

22-16 regulations adopted or used by the agency in the discharge of its functions

22-17 and that part of the Nevada Administrative Code which contains its

22-18 regulations.

22-19 (c) Make available for public inspection all final orders, decisions and

22-20 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 with

22-22 the secretary of state a statement setting forth the date on which the most

22-23 recent review of those rules was completed and describing any revisions

22-24 made as a result of the review.

22-25 (e) Review its regulations at least once every 10 years to determine

22-26 whether it should amend or repeal any of the regulations. Within 30 days

22-27 after completion of the review, the agency shall submit a report to the

22-28 [director of the] legislative counsel [bureau] for distribution to the next

22-29 regular session of the legislature. The report must include the date on which

22-30 the agency completed its review of the regulations and describe any

22-31 regulation that must be amended or repealed as a result of the review. [The

22-32 director of the legislative counsel bureau shall provide a copy of the report

22-33 to the legislative counsel for the purposes of subsection 2 of NRS

22-34 233B.065.]

22-35 2. A regulation, rule, final order or decision of an agency is not valid or

22-36 effective against any person or party, nor may it be invoked by the agency

22-37 for any purpose, until it has been made available for public inspection as

22-38 required in this section, except that this provision does not apply in favor of

22-39 any person or party who has actual knowledge thereof.

22-40 Sec. 42. NRS 233B.0665 is hereby amended to read as follows:

22-41 233B.0665 If a regulation submitted to the legislative counsel bureau

22-42 pursuant to NRS 233B.067 is not accompanied by an informational

22-43 statement which complies with the requirements of NRS 233B.066, the

23-1 [director of the] legislative counsel [bureau] shall return the regulation to

23-2 the agency with a note that the statement is missing. Unless the statement is

23-3 supplied, the [director] legislative counsel shall not submit the regulation to

23-4 the commission, and the regulation never becomes effective. If the

23-5 statement is supplied, the time for action upon the regulation must be

23-6 computed from the date of delivering the statement to the [director.]

23-7 legislative counsel.

23-8 Sec. 43. NRS 233B.067 is hereby amended to read as follows:

23-9 233B.067 1. After adopting a permanent regulation, the agency shall

23-10 submit the informational statement prepared pursuant to NRS 233B.066

23-11 and one copy of each regulation adopted to the [director of the] legislative

23-12 counsel [bureau] for review by the legislative commission, which may refer

23-13 it to a joint interim committee, to determine whether the regulation

23-14 conforms to the statutory authority pursuant to which it was adopted and

23-15 whether the regulation carries out the intent of the legislature in granting

23-16 that authority. The [director] legislative counsel shall endorse on the

23-17 original and the copy of each adopted regulation the date of their receipt.

23-18 The [director] legislative counsel shall maintain the copy of the regulation

23-19 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 the [director of the]

23-21 legislative counsel [bureau] pursuant to subsection 1 that:

23-22 (a) The agency is required to adopt pursuant to a federal statute or

23-23 regulation; and

23-24 (b) Exceeds the specific statutory authority of the agency or sets forth

23-25 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 a

23-27 federal statute or regulation. The statement must include the specific

23-28 citation of the federal statute or regulation requiring such adoption.

23-29 3. The legislative commission, or the joint interim committee if the

23-30 commission has referred it to such a committee, shall review the regulation

23-31 at its next regularly scheduled meeting if the regulation is received more

23-32 than 10 working days before the meeting and a regular meeting is held

23-33 within 35 days after receipt of the regulation. The commission may appoint

23-34 a committee composed of three or more members of the commission or any

23-35 joint interim committee to examine proposed regulations received more

23-36 than 35 days before a regular meeting is scheduled to be held.

23-37 4. The legislative commission shall notify the [director] legislative

23-38 counsel of the results of its review within 30 days after receipt of the

23-39 regulation from the agency. If the commission does not object to the

23-40 regulation, the [director] legislative counsel shall file it with the secretary

23-41 of state within 35 days after receipt from the agency and notify the agency

23-42 of the filing. If the commission objects to the regulation after determining

23-43 that:

24-1 (a) If subsection 2 is applicable, the regulation is not required pursuant

24-2 to a federal statute or regulation;

24-3 (b) The regulation does not conform to statutory authority; or

24-4 (c) The regulation does not carry out legislative intent,

24-5 the [director] legislative counsel shall attach to the regulation a written

24-6 notice of the objection of the commission, including a statement of the

24-7 reasons for its objection, and shall promptly return the regulation to the

24-8 agency.

24-9 Sec. 44. NRS 233B.0675 is hereby amended to read as follows:

24-10 233B.0675 1. If the legislative commission has objected to a

24-11 regulation, the agency may revise it and return it to the [director of the]

24-12 legislative counsel . [bureau.] Upon receipt of the revised regulation, the

24-13 [director] legislative counsel shall resubmit the regulation to the

24-14 commission at its next regularly scheduled meeting. If the commission does

24-15 not object to the revised regulation, the [director] legislative counsel shall

24-16 promptly file the revised regulation with the secretary of state and notify

24-17 the agency of the filing.

24-18 2. If the legislative commission objects to the revised regulation, the

24-19 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 legislative

24-21 commission has objected, the commission may suspend the filing of the

24-22 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, by

24-24 concurrent resolution, declare that the regulation will not become effective.

24-25 The [director] legislative counsel shall thereupon notify the agency that the

24-26 regulation will not be filed and must not be enforced. If the legislature has

24-27 not so declared by the 30th day of the session, the [director] legislative

24-28 counsel shall promptly file the regulation and notify the agency of the

24-29 filing.

24-30 Sec. 45. NRS 233B.0681 is hereby amended to read as follows:

24-31 233B.0681 The legislative commission may provide for:

24-32 1. Its early review of a regulation after the agency has given notice of a

24-33 hearing on the regulation but before the hearing is held. If the regulation

24-34 adopted after the hearing is identical to the regulation submitted for early

24-35 review, the [director] legislative counsel shall promptly file the regulation

24-36 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 administrative

24-38 convenience or necessity.

24-39 Sec. 46. NRS 233B.070 is hereby amended to read as follows:

24-40 233B.070 1. A permanent regulation becomes effective when the

24-41 [director of the] legislative counsel [bureau] files with the secretary of state

24-42 the original of the final draft or revision of a regulation, except as otherwise

25-1 provided in NRS 233B.0665 or where a later date is specified in the

25-2 regulation.

25-3 2. A temporary or emergency regulation becomes effective when the

25-4 agency files with the secretary of state the original of the final draft or

25-5 revision of a regulation, together with the informational statement prepared

25-6 pursuant to NRS 233B.066. The agency shall also file a copy of the

25-7 temporary or emergency regulation with the legislative counsel , [bureau,]

25-8 together with the informational statement prepared pursuant to NRS

25-9 233B.066.

25-10 3. The secretary of state shall maintain the original of the final draft or

25-11 revision of each regulation in a permanent file to be used only for the

25-12 preparation of official copies.

25-13 4. The secretary of state shall file, with the original of each agency’s

25-14 rules of practice, the current statement of the agency concerning the date

25-15 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 the

25-18 stamp of the secretary of state indicating that it has been filed, including

25-19 material adopted by reference which is not already filed with the state

25-20 library and archives administrator, to the state library and archives

25-21 administrator for use by the public. If the agency is a licensing board as

25-22 defined in NRS 439B.225 and it has adopted a permanent regulation

25-23 relating to standards for licensing or for the renewal of a license issued to a

25-24 person or facility regulated by the agency, the agency shall also deliver one

25-25 copy of the regulation, bearing the stamp of the secretary of state, to the

25-26 legislative committee on health care within 10 days after the regulation is

25-27 filed with the secretary of state.

25-28 6. Each agency shall furnish a copy of all or part of that part of the

25-29 Nevada Administrative Code which contains its regulations, to any person

25-30 who requests a copy, and may charge a reasonable fee for the copy based

25-31 on the cost of reproduction if it does not have money appropriated or

25-32 authorized for that purpose.

25-33 7. An agency which publishes any regulations included in the Nevada

25-34 Administrative Code shall use the exact text of the regulation as it appears

25-35 in the Nevada Administrative Code, including the leadlines and numbers of

25-36 the sections. Any other material which an agency includes in a publication

25-37 with its regulations must be presented in a form which clearly distinguishes

25-38 that material from the regulations.

25-39 Sec. 47. NRS 233B.115 is hereby amended to read as follows:

25-40 233B.115 1. Any person who objects to the content of a form

25-41 required by an agency to be used in submitting an application, making a

25-42 declaration or providing other information may request the legislative

25-43 commission to determine whether the information required and the

26-1 instructions for its preparation conform to the statutory authority pursuant

26-2 to which the agency requires it. The legislative commission may also make

26-3 such a determination on its own motion.

26-4 2. If the legislative commission finds that any part of the information or

26-5 instructions does not conform to statutory authority, the [director of the]

26-6 legislative counsel [bureau] shall so notify the agency.

26-7 3. After notification by the [director of the] legislative counsel [bureau]

26-8 of the legislative commission’s objection to the form, the agency may

26-9 revise the form to conform to statutory authority and resubmit it to the

26-10 legislative commission. The agency shall not use the form until it has

26-11 submitted a revised version to the legislative commission and the

26-12 commission has approved the form.

26-13 4. If the agency refuses to revise the form, it shall not use the form until

26-14 after the expiration of the first 30 days of the next regular session of the

26-15 legislature. Before the 30th day of the next regular session the legislature

26-16 may, by concurrent resolution, declare that the form must not be used. The

26-17 [director] legislative counsel shall thereupon notify the agency that it shall

26-18 not use the form. If the legislature has not so declared by the 30th day of

26-19 the session, the [director] legislative counsel shall promptly notify the

26-20 agency that it may use the form.

26-21 Sec. 48. NRS 353.090 is hereby amended to read as follows:

26-22 353.090 1. Except for claims against the legislative fund or for the

26-23 payment of the salaries of public officers, every claim for payment from the

26-24 state treasury pursuant to an appropriation or authorization by the

26-25 legislature must be presented to the state board of examiners for a

26-26 determination of its correctness. The state board of examiners may adopt

26-27 regulations providing for the use of sampling procedures and postaudit

26-28 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 of

26-31 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; and

26-34 (d) Is immediately available to this state through an automated federal

26-35 payment management system,

26-36 shall be deemed to be available for a claim for payment from the state

26-37 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 been

26-40 approved by the state board of examiners; or

26-41 (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 days

26-43 after its presentation to the board.

27-1 Sec. 49. NRS 353.211 is hereby amended to read as follows:

27-2 353.211 1. On or before October 15 of each even-numbered year, the

27-3 chief shall provide to the fiscal analysis division of the legislative counsel

27-4 bureau:

27-5 (a) Computerized budget files containing the actual data regarding

27-6 revenues and expenditures for the previous year;

27-7 (b) The work programs for the current year; and

27-8 (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 chief

27-10 shall provide to the fiscal analysis division:

27-11 (a) Each agency’s adjusted base budget by budgetary account for the

27-12 next 2 fiscal years; and

27-13 (b) An estimated range of the costs for:

27-14 (1) Continuing the operation of state government; and

27-15 (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 to

27-18 subsections 1 and 2 is open for public inspection.

27-19 [4. As soon as practicable after receipt of the material provided

27-20 pursuant to subsections 1 and 2, the fiscal analysis division shall provide a

27-21 synopsis of the information to the members of the budget subcommittee of

27-22 the legislative commission. The synopsis must include the levels of

27-23 requested expenditures of all of the departments, institutions and agencies,

27-24 major budgetary issues, approximate available revenues, historical data and

27-25 any other information the fiscal analysts deem appropriate.]

27-26 Sec. 50. NRS 353.230 is hereby amended to read as follows:

27-27 353.230 1. The chief shall review the estimates, altering, revising,

27-28 increasing or decreasing the items of the estimates as he may deem

27-29 necessary in view of the needs of the various departments, institutions and

27-30 agencies in the executive department of the state government and the total

27-31 anticipated income of the state government and of the various departments,

27-32 institutions and agencies of the executive department during the next fiscal

27-33 year. In performing the duties required by this subsection, the chief shall

27-34 use the projections and estimates prepared by the economic forum pursuant

27-35 to NRS 353.228.

27-36 2. The chief shall meet with a fiscal analyst of the legislative counsel

27-37 bureau or his designated representative and personnel of the various

27-38 departments, institutions and agencies of the executive department to

27-39 discuss:

27-40 (a) The budgetary requests of each department, institution and agency;

27-41 and

28-1 (b) The budgetary recommendations of the budget division for each

28-2 department, institution and agency,

28-3 for the next 2 fiscal years. The chief shall allow the fiscal analyst of the

28-4 legislative counsel bureau or his designated representative full access to all

28-5 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 it

28-8 to the governor. The final version of the proposed budget must include the

28-9 adjusted base budget for each department, institution and agency of the

28-10 executive department, the costs for continuing each program at the current

28-11 level of service and the costs, if any, for new programs, recommended

28-12 enhancements of existing programs or reductions for the departments,

28-13 institutions and agencies of the executive department for the next 2 fiscal

28-14 years. All projections of revenue and any other information concerning

28-15 future state revenue contained in the proposed budget must be based upon

28-16 the projections and estimates prepared by the economic forum pursuant to

28-17 NRS 353.228.

28-18 4. The governor shall , [transmit the proposed budget to the legislature]

28-19 not later than [the 10th day] 14 calendar days before the commencement

28-20 of the regular legislative session [.] , submit the proposed budget to the

28-21 director of the legislative counsel bureau for transmittal to the

28-22 legislature. The governor shall simultaneously submit, as a separate

28-23 document:

28-24 (a) An analysis of any new programs or enhancements of existing

28-25 programs being recommended; and

28-26 (b) Any increase in or new revenues which are being recommended in

28-27 the proposed budget.

28-28 The document must specify the total cost by department, institution or

28-29 agency of new programs or enhancements, but need not itemize the specific

28-30 costs. All projections of revenue and any other information concerning

28-31 future state revenue contained in the document must be based upon the

28-32 projections and estimates prepared by the economic forum pursuant to NRS

28-33 353.228.

28-34 5. On or before the [19th calendar] first day of the regular legislative

28-35 session, the governor shall submit to the legislative counsel

28-36 recommendations for each legislative measure which will be necessary to

28-37 carry out the final version of the proposed budget. These recommendations

28-38 must contain sufficient detailed information to enable the legislative

28-39 counsel to prepare the necessary legislative measures.

28-40 6. During the consideration of the general appropriation bill and any

28-41 special appropriation bills and bills authorizing budgeted expenditures by

28-42 the departments, institutions and agencies operating on money designated

28-43 for specific purposes by the constitution or otherwise, drafted at the request

29-1 of the legislature upon the recommendations submitted by the governor

29-2 with the proposed budget, the governor or his representative have the right

29-3 to appear before and be heard by the appropriation committees of the

29-4 legislature in connection with the appropriation bill or bills, and to render

29-5 any testimony, explanation or assistance required of him.

29-6 Sec. 51. This act becomes effective on July 1, 1999.

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