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:2-20
(a) Incumbent assemblyman may request the drafting of not more2-21
than 4 legislative measures submitted to the legislative counsel before2-22
September 1 preceding the commencement of a regular session of the2-23
legislature and not more than 4 legislative measures submitted to the2-24
legislative counsel on or after September 1 but on or before December 152-25
preceding the commencement of a regular session of the legislature.2-26
(b) Incumbent senator may request the drafting of not more than 82-27
legislative measures submitted to the legislative counsel before2-28
September 1 preceding the commencement of a regular session of the2-29
legislature and not more than 8 legislative measures submitted to the2-30
legislative counsel on or after September 1 but on or before December 152-31
preceding the commencement of a regular session of the legislature.2-32
(c) Newly elected assemblyman may request the drafting of not more2-33
than 4 legislative measures submitted to the legislative counsel on or2-34
before December 15 preceding the commencement of a regular session2-35
of the legislature.2-36
(d) Newly elected senator may request the drafting of not more than 82-37
legislative measures submitted to the legislative counsel on or before2-38
December 15 preceding the commencement of a regular session of the2-39
legislature.2-40
2. In addition to the number authorized pursuant to subsection 1:2-41
(a) The chairman of each standing committee of the immediately2-42
preceding regular legislative session, or a person designated in the place2-43
of the chairman by the speaker of the assembly or the majority leader of3-1
the senate, as the case may be, may request before the commencement of3-2
the next regular legislative session the drafting of not more than 13-3
legislative measure for introduction by the committee in a subject within3-4
the jurisdiction of the committee for every 15 legislative measures that3-5
were referred to the respective standing committee during the3-6
immediately preceding regular legislative session.3-7
(b) A person designated after a general election as a chairman of a3-8
standing committee for the next regular legislative session, or a person3-9
designated in the place of a chairman by the person designated as the3-10
speaker of the assembly or majority leader of the senate for the next3-11
regular legislative session, may request before the commencement of the3-12
next regular legislative session the drafting of the remaining number of3-13
the legislative measures allowed for the respective standing committee3-14
that were not requested by the previous chairman or designee.3-15
Sec. 4. 1. In addition to the number authorized pursuant to section3-16
3 of this act:3-17
(a) The speaker of the assembly and the majority leader of the senate3-18
may each request before or during a regular legislative session, without3-19
limitation, the drafting of not more than 15 legislative measures for that3-20
session.3-21
(b) The minority leader of the assembly and the minority leader of the3-22
senate may each request before or during a regular legislative session,3-23
without limitation, the drafting of not more than 10 legislative measures3-24
for that session.3-25
(c) A person designated after a general election as the speaker of the3-26
assembly, the majority leader of the senate, the minority leader of the3-27
assembly or the minority leader of the senate for the next regular3-28
legislative session may request the drafting of the remaining number of3-29
the legislative measures allowed for the respective officer that were not3-30
requested by the previous officer.3-31
2. The secretary of the senate and the chief clerk of the assembly3-32
may request before or during a regular legislative session, without3-33
limitation, the drafting of as many legislative measures as are necessary3-34
or convenient for the proper exercise of their duties.3-35
Sec. 5. 1. The chairman of the legislative commission may request3-36
the drafting of not more than 15 legislative measures before the3-37
commencement of a regular legislative session, with the approval of the3-38
commission, which relate to the affairs of the legislature or its employees,3-39
including measures requested by the legislative staff.3-40
2. The chairman of the interim finance committee may request the3-41
drafting of not more than 10 legislative measures before the3-42
commencement of a regular legislative session, with the approval of the3-43
committee, which relate to matters within the scope of the committee.4-1
3. Except as otherwise provided by specific statute or concurrent4-2
resolution of the legislature:4-3
(a) Any other legislative committee created by statute may request the4-4
drafting of not more than 10 legislative measures before the4-5
commencement of a regular legislative session, which relate to matters4-6
within the scope of the committee.4-7
(b) An interim committee which conducts a study or investigation4-8
pursuant to subsection 5 of NRS 218.682 may request the drafting of not4-9
more than 10 legislative measures before the commencement of a4-10
regular legislative session, which relate to matters within the scope of the4-11
study or investigation, except that such a committee may request the4-12
drafting of additional legislative measures before the commencement of4-13
a regular legislative session if the legislative commission approves each4-14
additional request by a majority vote.4-15
(c) Any other committee established by the legislature which conducts4-16
an interim legislative study may request the drafting of not more than 104-17
legislative measures before the commencement of a regular legislative4-18
session, which relate to matters within the scope of the study.4-19
Sec. 6. 1. The governor or his designated representative may4-20
transmit to the legislative counsel before September 1 preceding a4-21
regular legislative session not more than 125 requests for the drafting of4-22
legislative measures approved on behalf of state agencies, boards and4-23
departments of the executive branch of state government pursuant to4-24
subsection 1 of NRS 218.245.4-25
2. The department of administration may request on or before the4-26
19th day of the legislative session, without limitation, the drafting of as4-27
many legislative measures as are necessary to implement the budget4-28
proposed by the governor and to provide for the fiscal management of4-29
the state.4-30
3. The following constitutional officers may request the drafting of4-31
not more than the following numbers of legislative measures before4-32
September 1 preceding a regular legislative session:4-33
Lieutenant governor 24-34
Secretary of state 84-35
State treasurer 54-36
State controller 54-37
Attorney general 254-38
4. The board of regents of the University of Nevada may request the4-39
drafting of not more than 5 legislative measures on behalf of the4-40
University and Community College System of Nevada before September4-41
1 preceding a regular legislative session.5-1
Sec. 7. If the governor elects to communicate the message required5-2
pursuant to section 10 of article 5 of the Nevada constitution before the5-3
commencement of a regular session of the legislature, the chairman of5-4
the legislative commission may, on behalf of the legislative commission5-5
pursuant to subsection 5 of NRS 218.682, appoint a special committee to5-6
receive that message. A special committee appointed pursuant to this5-7
section:5-8
1. Must consist of all persons elected or appointed to serve as a5-9
senator or assemblyman during the next ensuing regular session of the5-10
legislature.5-11
2. Must be chaired by the speaker designate of the assembly.5-12
3. Shall receive the governor’s message and conclude its activities5-13
upon the completion of that message.5-14
Sec. 8. The legislative commission may, pursuant to subsection 5 of5-15
NRS 218.682, appoint one or more special committees before the5-16
commencement of a regular session of the legislature. Each special5-17
committee appointed pursuant to this section:5-18
1. Must consist of all persons designated by the:5-19
(a) Speaker designate of the assembly to serve as members of an5-20
assembly standing committee, other than the assembly standing5-21
committee on ways and means, for the next ensuing regular session of5-22
the legislature; or5-23
(b) Majority leader designate of the senate to serve as members of a5-24
senate standing committee, other than the senate standing committee on5-25
finance, for the next ensuing regular session of the legislature.5-26
2. May meet to consider issues that may require consideration during5-27
the next ensuing session by the standing committee upon which the5-28
members of the special committee have been designated to serve.5-29
3. Shall conclude its activities before the commencement of the next5-30
ensuing session.5-31
Sec. 9. NRS 218.085 is hereby amended to read as follows: 218.085 1. The legislative fund is hereby created as a special revenue5-33
fund for the use of the legislature, and where specifically authorized by law,5-34
for the use of the legislative counsel bureau.5-35
2. Support for the legislative fund must be provided by legislative5-36
appropriation from the state general fund.5-37
3. Expenditures from the legislative fund may be made for:5-38
(a) The payment of necessary5-39
(b) The payment of necessary5-40
(c) The payment of5-41
building and its grounds;5-42
(d) The payment of expenses for the interim operation of the legislature;5-43
and6-1
(e) The payment of necessary6-2
to:6-3
(1) The legislative commission;6-4
(2) The legal division;6-5
(3) The research division;6-6
(4) The audit division;6-7
(5) The fiscal analysis division; and6-8
(6) The administrative division,6-9
of the legislative counsel bureau.6-10
4. Expenditures from the legislative fund for purposes other than those6-11
specified in subsection 3 or authorized specifically by another statute may6-12
be made only upon the authority of a concurrent resolution regularly6-13
adopted by the senate and assembly.6-14
5.6-15
the legislative fund must be paid out on claims approved by the director of6-16
the legislative counsel bureau or his designee .6-17
6-18
Sec. 10. NRS 218.130 is hereby amended to read as follows: 218.130 The number of officers and employees of the senate6-20
must be determined by each session of the senate as recommended by the6-21
senate committee6-22
legislative functions.6-23
Sec. 11. NRS 218.160 is hereby amended to read as follows: 218.160 The number of officers and employees of the assembly6-25
must be determined by each session of the assembly as recommended by6-26
the assembly committee6-27
legislative functions.6-28
Sec. 12. NRS 218.210 is hereby amended to read as follows: 218.2106-30
6-31
6-32
6-33
6-34
6-35
6-36
6-37
6-38
6-39
6-40
6-41
6-42
each day of service:7-1
7-2
legislature is in session, or in adjournment for not more than 3 days, or the7-3
maximum number of days for which compensation for a regular session is7-4
permitted by the constitution, whichever is smaller; and7-5
7-6
legislature is in session or the maximum number of days for which7-7
compensation for a special session is permitted by the constitution,7-8
whichever is smaller.7-9
Sec. 13. NRS 218.220 is hereby amended to read as follows: 218.220 1. The per diem expense allowance and the travel and7-11
telephone expenses of senators and assemblymen elected or appointed and7-12
in attendance at any session or presession orientation conference of the7-13
legislature must be allowed in the manner set forth in this section.7-14
2. For initial travel from his home to Carson City, Nevada, to attend a7-15
session or presession orientation conference of the legislature, and for7-16
return travel from Carson City, Nevada, to his home upon adjournment sine7-17
die of a session or termination of a presession orientation conference of the7-18
legislature, each senator and assemblyman is entitled to receive:7-19
(a) A per diem expense allowance , not to exceed the7-20
7-21
7-22
7-23
travel to and one day’s travel from the session or conference.7-24
(b) Travel expenses.7-25
3. In addition to the per diem and travel expenses authorized by7-26
subsection 2, each senator and assemblyman is entitled to receive a7-27
supplemental allowance which must not exceed:7-28
(a) A total of $6,800 during each regular session of the legislature for:7-29
(1) His actual expenses in moving to and from Carson City for the7-30
session;7-31
(2) Travel to and from his home or temporary residence or for7-32
traveling to and from legislative committee and subcommittee meetings or7-33
hearings or for individual travel within the state which relates to legislative7-34
business; and7-35
(3) If he rents furniture for his temporary residence rather than7-36
moving similar furniture from his home, the cost of renting that furniture7-37
not to exceed the amount that it would have cost to move the furniture to7-38
and from his home; and7-39
(b) A total of $1,000 during each special session of the legislature for7-40
travel to and from his home or temporary residence or for traveling to and7-41
from legislative committee and subcommittee meetings or hearings or for7-42
individual travel within the state which relates to legislative business.8-1
4. Each senator and assemblyman is entitled to receive a per diem8-2
expense allowance , not to exceed the8-3
8-4
8-5
8-6
that the legislature is in session or in a presession orientation conference8-7
and for each day that he attends a meeting of a standing committee of8-8
which he is a member when the legislature has adjourned for more than 48-9
days.8-10
5. Each senator and assemblyman who maintains temporary quarters in8-11
or near Carson City for which he has entered into a lease or other8-12
agreement for continuous occupancy for the duration of a legislative8-13
session is entitled to receive a lodging allowance equal to that portion of8-14
the expense allowance which the legislative commission designates by rule8-15
as being allocated to lodging, for not more than 14 days in each period in8-16
which:8-17
(a) The legislature has adjourned until a time certain; and8-18
(b) The senator or assemblyman is not entitled to a per diem expense8-19
allowance pursuant to subsection 4.8-20
6. In addition to the per diem expense allowance authorized by8-21
subsection 4 and the lodging allowance authorized by subsection 5, each8-22
senator and assemblyman who maintains temporary quarters in or near8-23
Carson City for which he has entered into a lease or other agreement for8-24
continuous occupancy for the duration of a legislative session is entitled to8-25
receive a lodging allowance equal to that portion of the expense allowance8-26
which the legislative commission designates by rule as being allocated to8-27
lodging, for not more than 17 days in each period in which:8-28
(a) The legislature has adjourned for more than 4 days; and8-29
(b) The senator or assemblyman must obtain temporary lodging in a8-30
location that a standing committee of which he is a member is meeting.8-31
7. Each senator and assemblyman is entitled to receive a lodging8-32
allowance equal to that portion of the expense allowance which the8-33
legislative commission designates by rule as being allocated to lodging, for8-34
not more than 6 days in each period in which:8-35
(a) The legislature has adjourned for more than 4 days; and8-36
(b) The senator or assemblyman must obtain temporary lodging in a8-37
location that a standing committee of which he is a member is meeting,8-38
if the senator or assemblyman is not entitled to the per diem expense8-39
allowance authorized by subsection 4 or the lodging allowances authorized8-40
by subsections 5 and 6.8-41
8. Each senator and assemblyman is entitled to receive a telephone8-42
allowance of not more than $2,800 for the payment of tolls and charges8-43
incurred by him in the performance of official business during each regular9-1
session of the legislature and not more than $300 during each special9-2
session of the legislature.9-3
9. An employee of the legislature assigned to serve a standing9-4
committee is entitled to receive the travel expenses and per diem expense9-5
allowance provided by law for state employees generally if he is required to9-6
attend a hearing of the committee outside Carson City.9-7
10.9-8
expenses made under the provisions of this section must be9-9
9-10
fund. Claims for per diem expense allowances authorized by subsection 49-11
and lodging allowances authorized by subsections 5, 6 and 7 must be paid9-12
once each week during a legislative session and upon completion of a9-13
presession orientation conference.9-14
11. A claim for travel expenses authorized by subsection 2 or 3 must9-15
not be paid unless the senator or assemblyman submits a signed statement9-16
affirming:9-17
(a) The date of the travel; and9-18
(b) The places of departure and arrival and, if the travel is by private9-19
conveyance, the actual miles traveled. If the travel is not by private9-20
conveyance, the claim must include a receipt or other evidence of the9-21
expenditure.9-22
12. Travel expenses authorized by subsections 2 and 3 are limited to:9-23
(a) If the travel is by private conveyance, a rate equal to the standard9-24
mileage reimbursement rate for which a deduction is allowed for the9-25
purposes of federal income tax. If two or more legislators travel in the same9-26
private conveyance, the legislator who provided or arranged for providing9-27
the transportation is presumed entitled to reimbursement.9-28
(b) If the travel is not by private conveyance, the actual amount9-29
expended.9-30
Transportation must be by the most economical means, considering total9-31
cost, time spent in transit and the availability of state-owned automobiles.9-32
Sec. 14. NRS 218.225 is hereby amended to read as follows: 218.225 1. At each regular session of the legislature, each legislator9-34
is entitled to receive at the expense of the legislative fund from the state9-35
printing division of the department of administration the following:9-36
(a) Not to exceed 2,000 letterheads ,9-37
and 2,000 half size, or 4,000 of either variety;9-38
(b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/49-39
envelopes, or 4,000 of either variety; and9-40
(c) Not to exceed 2,000 business cards and 1,000 memorandum sheets ,9-41
9-42
Selections must be made from samples submitted by the superintendent of9-43
the state printing division of the department of administration, and all10-1
printing must be done in the state printing division of the department of10-2
administration.10-3
2. Each female member of the assembly is entitled to have the word10-4
"Assemblywoman" precede the inscription of her name on her official10-5
stationery and business cards.10-6
3. All orders for the printing specified in subsection 1 must be placed10-7
by legislators with the director of the legislative counsel bureau, who shall10-8
approve those claims which comply with the provisions of this section and10-9
shall pay the claims from the legislative fund .10-10
10-11
4. A legislator may purchase from the state printing division of the10-12
department of administration official stationery, cards and other material10-13
appropriate to his official duties in excess of that specified in subsection 110-14
at his own expense.10-15
Sec. 15. NRS 218.230 is hereby amended to read as follows: 218.230 1.10-17
there must be paid to the10-18
for all services rendered by them under the provisions of this chapter, the10-19
following sums of money for each day’s employment and no more:10-20
Senate10-21
Assistant director of bill services $7410-22
Assistant secretary 10910-23
Assistant sergeant at arms 8210-24
Bill clerk 6010-25
Committee manager 10110-26
Committee secretary 8810-27
Deputy sergeant at arms 8810-28
Director of bill services 8010-29
Director of clerical services 10310-30
Executive assistant 10110-31
Finance secretary 9910-32
Front desk assistant 10110-33
History clerk 10110-34
Journal clerk 10110-35
Media clerk 10110-36
Recording clerk 10110-37
Secretary 8010-38
Senior committee secretary 9610-39
Senior page 7510-40
Sergeant at arms 10310-41
Typist 6811-1
Assembly11-2
Assistant chief clerk $10911-3
Assistant sergeant at arms 8211-4
Assistant supervisor of bill clerks 7411-5
Bill clerk 6011-6
Committee manager 10111-7
Committee secretary 8811-8
Deputy sergeant at arms 8811-9
Document clerk 10111-10
Executive assistant 10111-11
History clerk 10111-12
Journal clerk 10111-13
Media clerk 10111-14
Page 6011-15
Recording clerk 10111-16
Secretary 8011-17
Senior committee secretary 9611-18
Senior page 7511-19
Sergeant at arms 10311-20
Supervisor of bill clerks 8011-21
Supervisor of secretarial staff 10311-22
Typist 6811-23
Ways and means secretary 9911-24
2. During periods of adjournment to a day certain, employees of the11-25
legislature whose service is required shall perform duties as assigned and11-26
are entitled to be paid the amount specified in11-27
for each day of service.11-28
3. During periods before the commencement of a session and after11-29
the adjournment of a session sine die, employees of the legislature whose11-30
service is required shall perform duties as assigned and are entitled to be11-31
paid at an hourly rate commensurate with the daily rate specified in11-32
subsection 1.11-33
Sec. 16. NRS 218.240 is hereby amended to read as follows: 218.240 1. The legislative counsel and the legal division of the11-35
legislative counsel bureau shall prepare and assist in the preparation and11-36
amendment of legislative measures when requested or upon suggestion as11-37
provided in NRS 218.240 to 218.255, inclusive11-38
inclusive, of this act. Except as otherwise provided in those provisions, the11-39
legislative counsel and the legal division of the legislative counsel bureau11-40
shall not prepare or assist in the preparation and amendment of legislative11-41
measures directly submitted or requested by a natural person, corporation,12-1
firm, association or other entity, including an organization that represents12-2
governmental agencies, unless the requester, or if the requester is a natural12-3
person the office or other position held by the person, is created by the12-4
constitution or laws of this state.12-5
2.12-6
12-7
12-8
12-9
12-10
12-11
concerning any measure before the legislature which is requested by the12-12
governor, the senate or assembly, or any committee of the legislature12-13
having the measure before it for consideration.12-14
12-15
state printing division of the department of administration and request that12-16
he print or preset the type for printing a legislative measure before its12-17
introduction upon the consent of the person or persons requesting the12-18
measure. If the measure has been requested by a legislator, the12-19
superintendent shall promptly comply with this request.12-20
Sec. 17. NRS 218.241 is hereby amended to read as follows: 218.241 1. Upon request made within the time allowed and12-22
limits established12-23
NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this12-24
act, the legislative counsel shall advise any agency or officer of the12-25
executive branch of the state government, and12-26
school district or city, as to the preparation of measures to be submitted to12-27
the legislature.12-28
2. To ensure the greatest possible equity in the handling of requests,12-29
drafting must proceed as follows:12-30
(a) Requests for legislative measures from each agency or officer of the12-31
executive branch of the state government or from a county, school district12-32
or city must, insofar as is possible, be acted upon in the order in which they12-33
are received, unless a different priority is designated by the requester.12-34
(b) As soon as an agency or officer of the executive branch of the state12-35
government has requested 10 legislative measures for any session, the12-36
legislative counsel may request the agency or officer to designate the12-37
priority for each succeeding request.12-38
(c)12-39
a regular session of the legislature, any county, school district or city which12-40
has requested the preparation of more than one legislative measure for that12-41
session shall submit to the legislative counsel a list which designates the12-42
order of priority for each request.13-1
The priority designated pursuant to this subsection must guide the13-2
legislative counsel in acting upon the requests of the respective agencies13-3
and officers of the executive branch of the state government and the13-4
counties, school districts and cities to ensure each agency and officer, and13-5
each county, school district and city, as nearly as is possible, an equal rank.13-6
Sec. 18. NRS 218.2413 is hereby amended to read as follows: 218.2413 1. Except as otherwise provided in subsections 3, 4 and 5,13-8
each board of county commissioners, board of trustees of a school district13-9
and city council may request the legislative counsel and the legal division13-10
of the legislative counsel bureau to prepare any legislative measure which13-11
has been approved by the governing body of the county, school district or13-12
city at a public hearing before its submission to the legislative counsel13-13
bureau.13-14
2. The legislative counsel shall notify the requesting county, school13-15
district or city if its request substantially duplicates a request previously13-16
submitted by another county, school district or city.13-17
3. The board of county commissioners of a county whose population:13-18
(a) Is 400,000 or more shall not request the preparation of more than13-19
13-20
legislative session. At least13-21
recommended by a metropolitan police department that is located within13-22
the county.13-23
(b) Is 100,000 or more but less than 400,000 shall not request the13-24
preparation of more than13-25
subsection 1 for a regular legislative session.13-26
(c) Is less than 100,000 shall not request the preparation of more than13-27
13-28
session.13-29
4. The board of trustees of a school district in a county whose13-30
population:13-31
(a) Is 400,000 or more shall not request the preparation of more than 513-32
legislative measures pursuant to subsection 1 for a regular legislative13-33
session.13-34
(b) Is 100,000 or more but less than 400,000 shall not request the13-35
preparation of more than13-36
for a regular legislative session.13-37
(c) Is less than 100,000 shall not request the preparation of more than 113-38
legislative measure pursuant to subsection 1 for a regular legislative13-39
session.13-40
5. The city council of a city whose population:13-41
(a) Is 100,000 or more shall not request the preparation of more than13-42
13-43
legislative session.14-1
(b) Is less than 100,000 shall not request the preparation of more than14-2
14-3
regular legislative session.14-4
6. As used in this section, "population" means the current14-5
population estimate for that city or county as determined and published14-6
by the department of taxation and the demographer employed pursuant14-7
to NRS 360.283.14-8
Sec. 19. NRS 218.2415 is hereby amended to read as follows: 218.2415 1. An association of elected officials may directly request14-10
the legislative counsel and the legal division of the legislative counsel14-11
bureau to prepare no more than 5 legislative measures for a regular14-12
legislative session.14-13
2. An association of counties or cities may directly request the14-14
legislative counsel and the legal division of the legislative counsel bureau14-15
to prepare no more than14-16
legislative session.14-17
Sec. 20. NRS 218.242 is hereby amended to read as follows: 218.242 Upon request, within the limits established pursuant to NRS14-19
218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or14-20
by the legislature by concurrent resolution, the legislative counsel shall14-21
assist any legislator in the preparation of bills and resolutions, drafting14-22
them in proper form, and furnishing the legislator the fullest information14-23
upon all matters within the scope of his duties. The legislative counsel14-24
shall, insofar as is possible, act upon all legislators’ requests for legislative14-25
measures in the order in which they are received. To assure the greatest14-26
possible equity in the handling of requests, drafting must proceed as14-27
follows:14-28
1. If he so desires, a legislator may designate a different priority for his14-29
bills and resolutions which the legislative counsel shall observe, insofar as14-30
is possible.14-31
2. The drafting of requests for legislative measures from chairmen or14-32
members of standing committees or special committees, on behalf of those14-33
committees, must not, except where urgency is recognized, take precedence14-34
over the priority established or designated for individual legislators’ bills14-35
and resolutions.14-36
Sec. 21. NRS 218.245 is hereby amended to read as follows: 218.245 1. Except as otherwise provided in subsections 2 and 5, the14-38
legislative counsel and the legal division of the legislative counsel bureau14-39
shall not prepare or assist in the preparation of proposed legislation for any14-40
agency or officer of the executive branch of the state government or for a14-41
county, school district or city before a regular session of the legislature14-42
unless the request is approved by the governor or a designated member of15-1
his staff, or the governing body of the county, school district or city, and15-2
transmitted to the legislative counsel before September 1 preceding the15-3
convening of the session.15-4
2. A request for proposed legislation may be submitted to the15-5
legislative counsel by the board of regents of the University of Nevada,15-6
lieutenant governor, secretary of state, attorney general, state controller or15-7
state treasurer without the approval of the governor or a designated member15-8
of his staff.15-9
3. After November 1, preceding a legislative session, the legislative15-10
counsel and the legal division of the legislative counsel bureau shall give15-11
full priority to the preparation of proposed legislation requested by15-12
members of the legislature.15-13
4. The legislative counsel and the legal division of the legislative15-14
counsel bureau shall not prepare or assist in the preparation of any15-15
proposed legislation during any regular session of the legislature except15-16
15-17
15-18
legislature.15-19
5. An agency or officer of the executive branch of the state government15-20
or a county, school district or city, shall not request a legislator to have15-21
legislation drafted on its behalf. The legislative commission, when the15-22
legislature is not in session, or a standing committee which has jurisdiction15-23
of the subject matter when the legislature is in session, may, if it finds that15-24
exceptional circumstances so warrant, authorize the drafting of legislation15-25
requested after the time limited by subsection 115-26
subsection 1, 3 or 4 of section 6 of this act.15-27
Sec. 22. NRS 218.247 is hereby amended to read as follows: 218.247 1. The legislative counsel and the legal division of the15-29
legislative counsel bureau shall prepare and assist in the preparation15-30
15-31
15-32
15-33
legislative measures are transmitted to the legislative counsel before15-34
September 1 preceding the commencement of the next regular session of15-35
the legislature. The supreme court may transmit to the legislative counsel15-36
pursuant to this section not more than 16 legislative measures on behalf15-37
of the supreme court and district courts of this state and not more than 415-38
legislative measures on behalf of the municipal courts and justices’15-39
courts of this state.15-40
2. Every15-41
set forth the substance of the provisions desired or which may be needed15-42
with the reasons therefor.16-1
3. The legislative counsel16-2
16-3
16-4
pursuant to this section to the chairman of the committee on judiciary of16-5
each house at the next regular session of the legislature.16-6
Sec. 23. NRS 218.272 is hereby amended to read as follows: 218.272 1.16-8
fiscal analysis division shall obtain a fiscal note on:16-9
(a) Any bill which makes an appropriation or increases any existing16-10
appropriation;16-11
(b) Any bill or joint resolution which creates or increases any fiscal16-12
liability or decreases any revenue which appears to be in excess of $2,000;16-13
and16-14
(c) Any bill or joint resolution which increases or newly provides for a16-15
term of imprisonment in the state prison or makes release on parole or16-16
probation from the state prison less likely,16-17
before16-18
16-19
16-20
2. The fiscal note must contain a reliable estimate of the anticipated16-21
change in appropriation authority, fiscal liability or state revenue under the16-22
bill or joint resolution, including, to the extent possible, a projection of16-23
such changes in future biennia.16-24
16-25
inclusive, or in the joint rules of the senate and assembly, the estimates16-26
must be made by the agency receiving the appropriation or collecting the16-27
revenue.16-28
16-29
relating exclusively to the proposed executive budget.16-30
Sec. 24. NRS 218.2723 is hereby amended to read as follows: 218.2723 Before a vote is taken by a committee of the assembly or16-32
the senate on any bill or joint resolution which reduces the revenues or16-33
increases the expenditures of a local government or any bill which16-34
increases or newly provides for a term of imprisonment in a county or city16-35
jail or detention facility, or makes release on probation therefrom less16-36
likely,16-37
16-38
analysis division shall prepare a fiscal note after consultation with the16-39
appropriate local governments or their representatives.16-40
Sec. 25. NRS 218.2725 is hereby amended to read as follows: 218.2725 1. Before a vote is taken by a committee of the assembly16-42
or the senate on any bill or joint resolution which affects the premiums16-43
charged to employers as provided in chapters 616A, 616B, 616C, 616D or17-1
617 of NRS or the state insurance fund established by chapters 616A to17-2
616D, inclusive, of NRS ,17-3
17-4
17-5
manner and form, to the extent applicable, provided for in NRS 218.272 to17-6
218.2758, inclusive, showing the financial effect on the premiums charged17-7
employers by the state industrial insurance system or on the state insurance17-8
fund.17-9
2. The state industrial insurance system shall provide such information17-10
upon request of the fiscal analysis division.17-11
3. The department of administration is not required to review such a17-12
fiscal note, but upon request of any legislator, the fiscal analysis division17-13
shall review the note and submit its findings to the requester.17-14
Sec. 26. NRS 218.380 is hereby amended to read as follows: 218.38017-16
by the legislative counsel, or such person as he17-17
,17-18
of his staff to receive and receipt for the same in his name.17-19
Sec. 27. NRS 218.390 is hereby amended to read as follows: 218.390 1. An enrolled joint resolution proposing an amendment to17-21
the constitution of the State of Nevada17-22
17-23
official engrossed copy thereof to the secretary of state or such deputy or17-24
clerk as he designates in writing.17-25
2. The secretary of state shall cause the enrolled resolution and the17-26
engrossed copy thereof to be filed in his office, and shall deliver them to17-27
the presiding officer of the house in which the proposed amendment17-28
originated at the next ensuing session of the legislature. The enrolled17-29
resolution accompanied by the engrossed copy thereof must thereupon be17-30
laid before the house for action, and if approved by a majority of the17-31
members elected thereto, must again be deposited with and filed by the17-32
secretary of state so that it may be placed upon the ballot at the next17-33
ensuing general election.17-34
3. The history of the joint resolution containing a notation that it has17-35
been returned to the house of its origin by the secretary of state must be17-36
noted on the engrossed copy of the resolution, and must likewise appear17-37
upon the enrolled copy thereof. The enrolled copy must bear the original17-38
signatures of the presiding officers and secretary and clerk of the respective17-39
houses for both sessions of the legislature at which the proposed17-40
amendment to the constitution was considered.17-41
4. The secretary of state shall cause all proposed amendments to the17-42
constitution to be published in the printed volume of the statutes for each17-43
year when they have been considered by the legislature.18-1
Sec. 28. NRS 218.400 is hereby amended to read as follows: 218.400 1. As soon as an enrolled bill18-3
delivered to the governor, any person duly authorized shall endorse by18-4
stamp, on the back of the enrolled copy of such bill ,18-5
over his signature, from whom and which house the bill was received, the18-6
date and hour of receipt, and the number of pages comprising the18-7
bill, and shall compute and note thereon the time limit for action by the18-8
governor, excluding the day of receipt and Sundays, which18-9
exceed the constitutional limit for such action.18-10
2. Within such time limit the bill18-11
approved, be signed by the governor immediately after the signatures of the18-12
officials of both houses as follows:18-13
State of Nevada18-14
Executive Department18-15
Approved18-16
.....a.m.....p.m.18-17
........(month)........(day)........(year)18-18
.........................(Governor)18-19
3. Immediately following such approval, without alteration or18-20
correction, the bill18-21
secretary of state, who shall endorse on the back thereof, following the18-22
endorsement of such duly authorized person:18-23
Received and filed.18-24
.....(hour)18-25
........(month)........(day)........(year)18-26
...................(Secretary of State)18-27
Sec. 29. NRS 218.410 is hereby amended to read as follows: 218.410 The secretary of state, or such deputy or clerk as he18-29
18-30
18-31
18-32
pages contained therein, and the hour and date received. Such receipt18-33
18-34
Sec. 30. NRS 218.420 is hereby amended to read as follows: 218.420 1. If the governor does not approve a bill18-36
18-37
presented to him, the bill18-38
18-39
18-40
thereto,19-1
2. Such house shall thereupon proceed to reconsider the vetoed bill19-2
19-3
houses by a two-thirds vote of the members elected to each house, the bill19-4
19-5
a law notwithstanding the objections of the governor, and19-6
delivered by the legislative counsel directly to the secretary of state for19-7
filing, who shall receipt to the legislative counsel therefor.19-8
Sec. 31. NRS 218.430 is hereby amended to read as follows: 218.430 1. If the legislature ,19-10
19-11
after delivery to the governor, Sundays excepted, the bill19-12
19-13
his signature, unless within 10 days next after the adjournment, Sundays19-14
excepted, he19-15
objections thereto with the secretary of state.19-16
2. The secretary of state shall lay the bill19-17
the legislature at its next regular session in like manner as if it had been19-18
returned by the governor directly to the house in which it originated. If the19-19
bill19-20
members elected to each house of the legislature, upon a vote taken by yeas19-21
and nays, to be entered upon the journals of each house, the bill19-22
19-23
becomes a law and must be delivered by the legislative counsel directly to19-24
the secretary of state for filing, who shall receipt to the legislative counsel19-25
therefor.19-26
Sec. 32. NRS 218.440 is hereby amended to read as follows: 218.440 1. The secretary of state shall, after the final adjournment of19-28
each session of the legislature, cause all legislative bills19-29
19-30
resolutions, concurrent resolutions and memorials to be bound in a19-31
substantial and suitable book or books, together with an index thereof.19-32
2. The expenses incurred in such work must be paid by the state in the19-33
manner directed by the state board of examiners.19-34
Sec. 33. NRS 218.464 is hereby amended to read as follows: 218.464 1. The following persons are entitled to receive free of19-36
charge in any one calendar year any bill, resolution, daily history, daily19-37
journal or index, in the number of copies shown, upon verification of their19-38
wishes to receive the publication:19-39
(a) Justices and the clerk of the supreme court, one copy;19-40
(b) County clerks and district attorneys, one copy;19-41
(c) A judge and clerk of a district court in a judicial district having one19-42
judge, one copy; and20-1
(d) The judges and the administrator or clerk of a district court in a20-2
judicial district having more than one judge, two copies.20-3
2. Upon approval of the committee20-4
which has jurisdiction of issues relating to legislative functions ,20-5
20-6
without charge, except for the cost of handling and postage as determined20-7
by the director of the legislative counsel bureau.20-8
Sec. 34. NRS 218.466 is hereby amended to read as follows: 218.466 1. The following persons, offices or organizations, upon20-10
request, are entitled to receive free of charge in any one calendar year one20-11
copy of any bill, resolution, daily history, daily journal or index:20-12
(a) Elected state officers.20-13
(b) Offices of all state departments and agencies.20-14
(c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.20-15
(d) Offices of other county officials.20-16
(e) Municipal officers.20-17
(f) Districts and other governmental agencies.20-18
(g) Justices of the peace.20-19
(h) The state library and archives.20-20
(i) County and city libraries and libraries of the University and20-21
Community College System of Nevada.20-22
(j) Accredited members of the press.20-23
2. Upon approval of the committee20-24
which has jurisdiction of issues relating to legislative functions ,20-25
20-26
offices or organizations without charge, except for the cost of any handling20-27
and postage as determined by the director of the legislative counsel bureau.20-28
3. Township, school and municipal officials may have distributed, free20-29
of charge, the number of copies of any bill or other legislative publication20-30
that is approved by the committee on legislative functions of the senate or20-31
assembly.20-32
Sec. 35. NRS 218.500 is hereby amended to read as follows: 218.500 1. The secretary of state shall furnish to the superintendent20-34
of the state printing division of the department of administration, within 320-35
days20-36
20-37
memorials passed at each session.20-38
2. The director of the legislative counsel bureau shall:20-39
(a) Distribute one copy of each act as printed to each county clerk,20-40
district judge, district attorney and justice of the peace in the state.20-41
(b) Immediately upon the adjournment of the session, collect and have20-42
printed and bound advance sheets of all acts, resolutions and memorials20-43
passed at the session.21-1
(c) Distribute one copy of the advance sheets, without charge, to each21-2
justice of the supreme court, the attorney general, the state public defender,21-3
and to each county clerk, district judge, district attorney, county public21-4
defender, justice of the peace, city attorney and municipal judge in the21-5
state, deliver to the supreme court law library a number of copies21-6
appropriate to secure the exchange of similar publications from other states,21-7
and establish the price at which the advance sheets must be sold to other21-8
persons.21-9
3. The legislative counsel shall, immediately upon the adjournment of21-10
the session, prepare statutory tables and an index of all acts, resolutions and21-11
memorials passed at the session.21-12
4. The superintendent, upon receipt of the statutory tables and index,21-13
shall prepare bound volumes of the Statutes of Nevada as provided in NRS21-14
218.510.21-15
Sec. 36. NRS 218.5375 is hereby amended to read as follows: 218.5375 1. There is hereby created a legislative committee on21-17
workers’ compensation. The committee consists of:21-18
(a) Four members appointed by the majority leader of the senate, in21-19
consultation with the minority leader of the senate, from the membership of21-20
the senate standing committee21-21
jurisdiction of issues relating to workers’ compensation during the21-22
immediately preceding session of the legislature.21-23
(b) Four members appointed by the speaker of the assembly from the21-24
membership of the assembly standing committee21-25
21-26
compensation during the immediately preceding session of the legislature.21-27
The members must represent each political party represented in the21-28
assembly in the approximate proportion that they are represented in that21-29
house, but at least one member must be chosen from each political party.21-30
2. The members of the committee shall elect a chairman and vice21-31
chairman from among their members. The chairman must be elected from21-32
one house of the legislature and the vice chairman from the other house.21-33
After the initial election of a chairman and vice chairman, each of those21-34
officers holds office for a term of 2 years commencing on July 1 of each21-35
odd-numbered year. If a vacancy occurs in the chairmanship or vice21-36
chairmanship, the members of the committee shall elect a replacement for21-37
the remainder of the unexpired term.21-38
3. Any member of the committee who is not a candidate for reelection21-39
or who is defeated for reelection continues to serve until the convening of21-40
the next session of the legislature.21-41
4. Vacancies on the committee must be filled in the same manner as21-42
original appointments.22-1
Sec. 37. NRS 218.610 is hereby amended to read as follows: 218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 722-3
and 8 of this act, "agency of the state" includes all offices, departments,22-4
boards, commissions or institutions of the state, and the state industrial22-5
insurance system.22-6
Sec. 38. NRS 218.640 is hereby amended to read as follows: 218.64022-8
Money to carry out the functions of the legislative counsel bureau must be22-9
provided by legislative appropriation from the state general fund to the22-10
legislative fund .22-11
22-12
legislative counsel bureau or his designee before they are paid.22-13
Sec. 39. NRS 218.644 is hereby amended to read as follows: 218.644 1. The legislative counsel bureau shall maintain a checking22-15
account in any qualified bank for the purposes of providing advance money22-16
and reimbursement to legislators and employees for travel expenses, paying22-17
the salaries of persons on the payroll of the legislative branch of22-18
government, related payroll costs , other expenses which may or must be22-19
paid from the legislative fund and any other expenses directed by the22-20
legislative commission. The account must be secured by a depository bond22-21
to the extent the account is not insured by the Federal Deposit Insurance22-22
Corporation. All checks written on this account must be signed by the22-23
chairman of the legislative commission and the director of the legislative22-24
counsel bureau or his designee, except that during a regular session of the22-25
legislature, the majority leader of the senate and the speaker of the22-26
assembly shall sign the checks.22-27
2. A request for advance money for travel constitutes a lien in favor of22-28
the legislative fund upon the accrued salary, subsistence allowance and22-29
travel expenses of the legislator or employee in an amount equal to the sum22-30
advanced.22-31
3. The legislator or employee is entitled to receive upon request any22-32
authorized travel expenses in excess of the amount advanced. The legislator22-33
or employee shall reimburse the legislative fund any amount advanced that22-34
is not used for reimbursable travel expenses.22-35
Sec. 40. NRS 218.6824 is hereby amended to read as follows: 218.6824 1. There is hereby created a budget subcommittee of the22-37
legislative commission.22-38
2. The chairman of the legislative commission shall appoint to the22-39
subcommittee the persons designated by the speaker designate of the22-40
assembly to be members of the assembly standing committee on ways and22-41
means and the persons designated by the majority leader designate of the22-42
senate to be members of the senate standing committee on finance for the22-43
next ensuing session of the legislature.23-1
3. The budget subcommittee shall conclude its activities before the23-2
next regular legislative session is convened.23-3
4. The budget subcommittee shall23-4
23-5
23-6
23-7
23-8
by the legislature at the next ensuing session.23-9
Sec. 41. NRS 218.685 is hereby amended to read as follows: 218.685 Notwithstanding the provisions of NRS 218.150 and 218.180,23-11
between sessions of the legislature, the director of the legislative counsel23-12
bureau, with the approval of the legislative commission, may appoint such23-13
technical, clerical and operational staff as the functions and operations of23-14
the legislature may require. Salaries and23-15
23-16
Sec. 42. NRS 218.697 is hereby amended to read as follows: 218.697 1. Upon request, the legislative counsel shall represent any23-18
legislator in any matter before the commission on ethics.23-19
2. When deemed necessary or advisable to protect the official interests23-20
of the legislature or one or more legislative committees, the legislative23-21
commission, or the chairman of the legislative commission in cases where23-22
action is required before a meeting of the legislative commission is23-23
scheduled to be held, may direct the legislative counsel and his staff to23-24
appear in, commence, prosecute, defend or intervene in any action, suit,23-25
matter, cause or proceeding in any court or agency of this state or of the23-26
United States.23-27
3.23-28
the expenses and costs incurred pursuant to this section23-29
23-30
Sec. 43. NRS 233B.050 is hereby amended to read as follows: 233B.050 1. In addition to other regulation-making requirements23-32
imposed by law, each agency shall:23-33
(a) Adopt rules of practice, setting forth the nature and requirements of23-34
all formal and informal procedures available, including a description of all23-35
forms and instructions used by the agency.23-36
(b) Make available for public inspection all rules of practice and23-37
regulations adopted or used by the agency in the discharge of its functions23-38
and that part of the Nevada Administrative Code which contains its23-39
regulations.23-40
(c) Make available for public inspection all final orders, decisions and23-41
opinions except those expressly made confidential or privileged by statute.24-1
(d) Review its rules of practice at least once every 3 years and file with24-2
the secretary of state a statement setting forth the date on which the most24-3
recent review of those rules was completed and describing any revisions24-4
made as a result of the review.24-5
(e) Review its regulations at least once every 10 years to determine24-6
whether it should amend or repeal any of the regulations. Within 30 days24-7
after completion of the review, the agency shall submit a report to the24-8
24-9
regular session of the legislature. The report must include the date on which24-10
the agency completed its review of the regulations and describe any24-11
regulation that must be amended or repealed as a result of the review.24-12
24-13
24-14
24-15
2. A regulation, rule, final order or decision of an agency is not valid or24-16
effective against any person or party, nor may it be invoked by the agency24-17
for any purpose, until it has been made available for public inspection as24-18
required in this section, except that this provision does not apply in favor of24-19
any person or party who has actual knowledge thereof.24-20
Sec. 44. NRS 233B.0665 is hereby amended to read as follows: 233B.0665 If a regulation submitted to the legislative counsel bureau24-22
pursuant to NRS 233B.067 is not accompanied by an informational24-23
statement which complies with the requirements of NRS 233B.066, the24-24
24-25
the agency with a note that the statement is missing. Unless the statement is24-26
supplied, the24-27
the commission, and the regulation never becomes effective. If the24-28
statement is supplied, the time for action upon the regulation must be24-29
computed from the date of delivering the statement to the24-30
legislative counsel.24-31
Sec. 45. NRS 233B.067 is hereby amended to read as follows: 233B.067 1. After adopting a permanent regulation, the agency shall24-33
submit the informational statement prepared pursuant to NRS 233B.06624-34
and one copy of each regulation adopted to the24-35
counsel24-36
it to a joint interim committee, to determine whether the regulation24-37
conforms to the statutory authority pursuant to which it was adopted and24-38
whether the regulation carries out the intent of the legislature in granting24-39
that authority. The24-40
original and the copy of each adopted regulation the date of their receipt.24-41
The24-42
in a file and make the copy available for public inspection for 2 years.25-1
2. If an agency submits an adopted regulation to the25-2
legislative counsel25-3
(a) The agency is required to adopt pursuant to a federal statute or25-4
regulation; and25-5
(b) Exceeds the specific statutory authority of the agency or sets forth25-6
requirements that are more stringent than a statute of this state,25-7
it shall include a statement that adoption of the regulation is required by a25-8
federal statute or regulation. The statement must include the specific25-9
citation of the federal statute or regulation requiring such adoption.25-10
3. The legislative commission, or the joint interim committee if the25-11
commission has referred it to such a committee, shall review the regulation25-12
at its next regularly scheduled meeting if the regulation is received more25-13
than 10 working days before the meeting and a regular meeting is held25-14
within 35 days after receipt of the regulation. The commission may appoint25-15
a committee composed of three or more members of the commission or any25-16
joint interim committee to examine proposed regulations received more25-17
than 35 days before a regular meeting is scheduled to be held.25-18
4. The legislative commission shall notify the25-19
counsel of the results of its review within 30 days after receipt of the25-20
regulation from the agency. If the commission does not object to the25-21
regulation, the25-22
of state within 35 days after receipt from the agency and notify the agency25-23
of the filing. If the commission objects to the regulation after determining25-24
that:25-25
(a) If subsection 2 is applicable, the regulation is not required pursuant25-26
to a federal statute or regulation;25-27
(b) The regulation does not conform to statutory authority; or25-28
(c) The regulation does not carry out legislative intent,25-29
the25-30
notice of the objection of the commission, including a statement of the25-31
reasons for its objection, and shall promptly return the regulation to the25-32
agency.25-33
Sec. 46. NRS 233B.0675 is hereby amended to read as follows: 233B.0675 1. If the legislative commission has objected to a25-35
regulation, the agency may revise it and return it to the25-36
legislative counsel .25-37
25-38
commission at its next regularly scheduled meeting. If the commission does25-39
not object to the revised regulation, the25-40
promptly file the revised regulation with the secretary of state and notify25-41
the agency of the filing.25-42
2. If the legislative commission objects to the revised regulation, the25-43
agency may continue to revise it and resubmit it to the commission.26-1
3. If the agency refuses to revise a regulation to which the legislative26-2
commission has objected, the commission may suspend the filing of the26-3
regulation until the final day of the next regular session of the legislature.26-4
Before the final day of the next regular session the legislature may, by26-5
concurrent resolution or other appropriate legislative measure, declare that26-6
the regulation will not become effective. The26-7
shall thereupon notify the agency that the regulation will not be filed and26-8
must not be enforced. If the legislature has not so declared by the final day26-9
of the session, the26-10
regulation and notify the agency of the filing.26-11
Sec. 47. NRS 233B.0681 is hereby amended to read as follows: 233B.0681 The legislative commission may provide for:26-13
1. Its early review of a regulation after the agency has given notice of a26-14
hearing on the regulation but before the hearing is held. If the regulation26-15
adopted after the hearing is identical to the regulation submitted for early26-16
review, the26-17
with the secretary of state and notify the agency of the filing.26-18
2. A waiver of its review of a regulation in a case of administrative26-19
convenience or necessity.26-20
Sec. 48. NRS 233B.070 is hereby amended to read as follows: 233B.070 1. A permanent regulation becomes effective when the26-22
26-23
the original of the final draft or revision of a regulation, except as otherwise26-24
provided in NRS 233B.0665 or where a later date is specified in the26-25
regulation.26-26
2. A temporary or emergency regulation becomes effective when the26-27
agency files with the secretary of state the original of the final draft or26-28
revision of a regulation, together with the informational statement prepared26-29
pursuant to NRS 233B.066. The agency shall also file a copy of the26-30
temporary or emergency regulation with the legislative counsel ,26-31
together with the informational statement prepared pursuant to NRS26-32
233B.066.26-33
3. The secretary of state shall maintain the original of the final draft or26-34
revision of each regulation in a permanent file to be used only for the26-35
preparation of official copies.26-36
4. The secretary of state shall file, with the original of each agency’s26-37
rules of practice, the current statement of the agency concerning the date26-38
and results of its most recent review of those rules.26-39
5. Immediately after each permanent or temporary regulation is filed,26-40
the agency shall deliver one copy of the final draft or revision, bearing the26-41
stamp of the secretary of state indicating that it has been filed, including26-42
material adopted by reference which is not already filed with the state26-43
library and archives administrator, to the state library and archives27-1
administrator for use by the public. If the agency is a licensing board as27-2
defined in NRS 439B.225 and it has adopted a permanent regulation27-3
relating to standards for licensing or for the renewal of a license issued to a27-4
person or facility regulated by the agency, the agency shall also deliver one27-5
copy of the regulation, bearing the stamp of the secretary of state, to the27-6
legislative committee on health care within 10 days after the regulation is27-7
filed with the secretary of state.27-8
6. Each agency shall furnish a copy of all or part of that part of the27-9
Nevada Administrative Code which contains its regulations, to any person27-10
who requests a copy, and may charge a reasonable fee for the copy based27-11
on the cost of reproduction if it does not have money appropriated or27-12
authorized for that purpose.27-13
7. An agency which publishes any regulations included in the Nevada27-14
Administrative Code shall use the exact text of the regulation as it appears27-15
in the Nevada Administrative Code, including the leadlines and numbers of27-16
the sections. Any other material which an agency includes in a publication27-17
with its regulations must be presented in a form which clearly distinguishes27-18
that material from the regulations.27-19
Sec. 49. NRS 233B.115 is hereby amended to read as follows: 233B.115 1. Any person who objects to the content of a form27-21
required by an agency to be used in submitting an application, making a27-22
declaration or providing other information may request the legislative27-23
commission to determine whether the information required and the27-24
instructions for its preparation conform to the statutory authority pursuant27-25
to which the agency requires it. The legislative commission may also make27-26
such a determination on its own motion.27-27
2. If the legislative commission finds that any part of the information or27-28
instructions does not conform to statutory authority, the27-29
legislative counsel27-30
3. After notification by the27-31
of the legislative commission’s objection to the form, the agency may27-32
revise the form to conform to statutory authority and resubmit it to the27-33
legislative commission. The agency shall not use the form until it has27-34
submitted a revised version to the legislative commission and the27-35
commission has approved the form.27-36
4. If the agency refuses to revise the form, it shall not use the form until27-37
after the expiration of the first 30 days of the next regular session of the27-38
legislature. Before the 30th day of the next regular session the legislature27-39
may, by concurrent resolution, declare that the form must not be used. The27-40
27-41
not use the form. If the legislature has not so declared by the 30th day of27-42
the session, the27-43
agency that it may use the form.28-1
Sec. 50. NRS 353.090 is hereby amended to read as follows: 353.090 1. Except for claims against the legislative fund or for the28-3
payment of the salaries of public officers, every claim for payment from the28-4
state treasury pursuant to an appropriation or authorization by the28-5
legislature must be presented to the state board of examiners for a28-6
determination of its correctness. The state board of examiners may adopt28-7
regulations providing for the use of sampling procedures and postaudit28-8
techniques for making such a determination.28-9
2. Any money which:28-10
(a) Is allocated to this state pursuant to a federal program in the form of28-11
a letter of credit or its equivalent;28-12
(b) Is authorized for expenditure by the legislature;28-13
(c) Has not been deposited in the state treasury; and28-14
(d) Is immediately available to this state through an automated federal28-15
payment management system,28-16
shall be deemed to be available for a claim for payment from the state28-17
treasury.28-18
3. The state controller shall not allow or draw his warrant for:28-19
(a) Any claim of the class described in this section which has not been28-20
approved by the state board of examiners; or28-21
(b) A greater amount than allowed by the board,28-22
except when the claim has not been acted upon by the board within 30 days28-23
after its presentation to the board.28-24
Sec. 51. NRS 353.211 is hereby amended to read as follows: 353.211 1. On or before October 15 of each even-numbered year, the28-26
chief shall provide to the fiscal analysis division of the legislative counsel28-27
bureau:28-28
(a) Computerized budget files containing the actual data regarding28-29
revenues and expenditures for the previous year;28-30
(b) The work programs for the current year; and28-31
(c) Each agency’s requested budget for the next 2 fiscal years.28-32
2. On or before December 31 of each even-numbered year, the chief28-33
shall provide to the fiscal analysis division:28-34
(a) Each agency’s adjusted base budget by budgetary account for the28-35
next 2 fiscal years; and28-36
(b) An estimated range of the costs for:28-37
(1) Continuing the operation of state government; and28-38
(2) Providing elementary, secondary and higher public education,28-39
at the current level of service.28-40
3. The information provided to the fiscal analysis division pursuant to28-41
subsections 1 and 2 is open for public inspection.29-1
29-2
29-3
29-4
29-5
29-6
29-7
29-8
Sec. 52. NRS 353.230 is hereby amended to read as follows: 353.230 1. The chief shall review the estimates, altering, revising,29-10
increasing or decreasing the items of the estimates as he may deem29-11
necessary in view of the needs of the various departments, institutions and29-12
agencies in the executive department of the state government and the total29-13
anticipated income of the state government and of the various departments,29-14
institutions and agencies of the executive department during the next fiscal29-15
year. In performing the duties required by this subsection, the chief shall29-16
use the projections and estimates prepared by the economic forum pursuant29-17
to NRS 353.228.29-18
2. The chief shall meet with a fiscal analyst of the legislative counsel29-19
bureau or his designated representative and personnel of the various29-20
departments, institutions and agencies of the executive department to29-21
discuss:29-22
(a) The budgetary requests of each department, institution and agency;29-23
and29-24
(b) The budgetary recommendations of the budget division for each29-25
department, institution and agency,29-26
for the next 2 fiscal years. The chief shall allow the fiscal analyst of the29-27
legislative counsel bureau or his designated representative full access to all29-28
materials connected with the review.29-29
3. The chief shall then prepare a final version of the proposed budget,29-30
in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it29-31
to the governor. The final version of the proposed budget must include the29-32
adjusted base budget for each department, institution and agency of the29-33
executive department, the costs for continuing each program at the current29-34
level of service and the costs, if any, for new programs, recommended29-35
enhancements of existing programs or reductions for the departments,29-36
institutions and agencies of the executive department for the next 2 fiscal29-37
years. All projections of revenue and any other information concerning29-38
future state revenue contained in the proposed budget must be based upon29-39
the projections and estimates prepared by the economic forum pursuant to29-40
NRS 353.228.29-41
4. The governor shall ,29-42
not later than29-43
of the regular legislative session30-1
director of the legislative counsel bureau for transmittal to the30-2
legislature. The governor shall simultaneously submit, as a separate30-3
document:30-4
(a) An analysis of any new programs or enhancements of existing30-5
programs being recommended; and30-6
(b) Any increase in or new revenues which are being recommended in30-7
the proposed budget.30-8
The document must specify the total cost by department, institution or30-9
agency of new programs or enhancements, but need not itemize the specific30-10
costs. All projections of revenue and any other information concerning30-11
future state revenue contained in the document must be based upon the30-12
projections and estimates prepared by the economic forum pursuant to NRS30-13
353.228.30-14
5. On or before the 19th calendar day of the regular legislative session,30-15
the governor shall submit to the legislative counsel recommendations for30-16
each legislative measure which will be necessary to carry out the final30-17
version of the proposed budget30-18
legislative agenda. These recommendations must contain sufficient30-19
detailed information to enable the legislative counsel to prepare the30-20
necessary legislative measures.30-21
6. During the consideration of the general appropriation bill and any30-22
special appropriation bills and bills authorizing budgeted expenditures by30-23
the departments, institutions and agencies operating on money designated30-24
for specific purposes by the constitution or otherwise, drafted at the request30-25
of the legislature upon the recommendations submitted by the governor30-26
with the proposed budget, the governor or his representative have the right30-27
to appear before and be heard by the appropriation committees of the30-28
legislature in connection with the appropriation bill or bills, and to render30-29
any testimony, explanation or assistance required of him.30-30
Sec. 53. This act becomes effective on July 1, 1999.~