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:

2-20 (a) Incumbent assemblyman may request the drafting of not more

2-21 than 5 legislative measures submitted to the legislative counsel before

2-22 September 1 preceding the commencement of a regular session of the

2-23 legislature and not more than 5 legislative measures submitted to the

2-24 legislative counsel on or after September 1 but on or before December 15

2-25 preceding the commencement of a regular session of the legislature.

2-26 (b) Incumbent senator may request the drafting of not more than 10

2-27 legislative measures submitted to the legislative counsel before

2-28 September 1 preceding the commencement of a regular session of the

2-29 legislature and not more than 10 legislative measures submitted to the

2-30 legislative counsel on or after September 1 but on or before December 15

2-31 preceding the commencement of a regular session of the legislature.

2-32 (c) Newly elected assemblyman may request the drafting of not more

2-33 than 5 legislative measures submitted to the legislative counsel on or

2-34 before December 15 preceding the commencement of a regular session

2-35 of the legislature.

2-36 (d) Newly elected senator may request the drafting of not more than

2-37 10 legislative measures submitted to the legislative counsel on or before

2-38 December 15 preceding the commencement of a regular session of the

2-39 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 immediately

2-42 preceding regular legislative session, or a person designated in the place

2-43 of the chairman by the speaker of the assembly or the majority leader of

3-1 the senate, as the case may be, may request before the commencement of

3-2 the next regular legislative session the drafting of not more than 1

3-3 legislative measure for introduction by the committee in a subject within

3-4 the jurisdiction of the committee for every 15 legislative measures that

3-5 were referred to the respective standing committee during the

3-6 immediately preceding regular legislative session.

3-7 (b) A person designated after a general election as a chairman of a

3-8 standing committee for the next regular legislative session, or a person

3-9 designated in the place of a chairman by the person designated as the

3-10 speaker of the assembly or majority leader of the senate for the next

3-11 regular legislative session, may request before the commencement of the

3-12 next regular legislative session the drafting of the remaining number of

3-13 the legislative measures allowed for the respective standing committee

3-14 that were not requested by the previous chairman or designee.

3-15 Sec. 4. 1. In addition to the number authorized pursuant to section

3-16 3 of this act:

3-17 (a) The speaker of the assembly and the majority leader of the senate

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

3-19 limitation, the drafting of not more than 15 legislative measures for that

3-20 session.

3-21 (b) The minority leader of the assembly and the minority leader of the

3-22 senate may each request before or during a regular legislative session,

3-23 without limitation, the drafting of not more than 10 legislative measures

3-24 for that session.

3-25 (c) A person designated after a general election as the speaker of the

3-26 assembly, the majority leader of the senate, the minority leader of the

3-27 assembly or the minority leader of the senate for the next regular

3-28 legislative session may request the drafting of the remaining number of

3-29 the legislative measures allowed for the respective officer that were not

3-30 requested by the previous officer.

3-31 2. The secretary of the senate and the chief clerk of the assembly

3-32 may request before or during a regular legislative session, without

3-33 limitation, the drafting of as many legislative measures as are necessary

3-34 or convenient for the proper exercise of their duties.

3-35 Sec. 5. 1. The chairman of the legislative commission may request

3-36 the drafting of not more than 15 legislative measures before the

3-37 commencement of a regular legislative session, with the approval of the

3-38 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 the

3-41 drafting of not more than 10 legislative measures before the

3-42 commencement of a regular legislative session, with the approval of the

3-43 committee, which relate to matters within the scope of the committee.

4-1 3. Except as otherwise provided by specific statute or concurrent

4-2 resolution of the legislature:

4-3 (a) Any other legislative committee created by statute may request the

4-4 drafting of not more than 10 legislative measures before the

4-5 commencement of a regular legislative session, which relate to matters

4-6 within the scope of the committee.

4-7 (b) An interim committee which conducts a study or investigation

4-8 pursuant to subsection 5 of NRS 218.682 may request the drafting of not

4-9 more than 10 legislative measures before the commencement of a

4-10 regular legislative session, which relate to matters within the scope of the

4-11 study or investigation, except that such a committee may request the

4-12 drafting of additional legislative measures before the commencement of

4-13 a regular legislative session if the legislative commission approves each

4-14 additional request by a majority vote.

4-15 (c) Any other committee established by the legislature which conducts

4-16 an interim legislative study may request the drafting of not more than 10

4-17 legislative measures before the commencement of a regular legislative

4-18 session, which relate to matters within the scope of the study.

4-19 Sec. 6. 1. The governor or his designated representative may

4-20 transmit to the legislative counsel before September 1 preceding a

4-21 regular legislative session not more than 125 requests for the drafting of

4-22 legislative measures approved on behalf of state agencies, boards and

4-23 departments of the executive branch of state government pursuant to

4-24 subsection 1 of NRS 218.245.

4-25 2. The department of administration may request on or before the

4-26 19th day of the legislative session, without limitation, the drafting of as

4-27 many legislative measures as are necessary to implement the budget

4-28 proposed by the governor and to provide for the fiscal management of

4-29 the state.

4-30 3. The following constitutional officers may request the drafting of

4-31 not more than the following numbers of legislative measures before

4-32 September 1 preceding a regular legislative session:

4-33 Lieutenant governor 2

4-34 Secretary of state 8

4-35 State treasurer 5

4-36 State controller 5

4-37 Attorney general 25

4-38 4. The board of regents of the University of Nevada may request the

4-39 drafting of not more than 5 legislative measures on behalf of the

4-40 University and Community College System of Nevada before September

4-41 1 preceding a regular legislative session.

5-1 Sec. 7. If the governor elects to communicate the message required

5-2 pursuant to section 10 of article 5 of the Nevada constitution before the

5-3 commencement of a regular session of the legislature, the chairman of

5-4 the legislative commission may, on behalf of the legislative commission

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

5-6 receive that message. A special committee appointed pursuant to this

5-7 section:

5-8 1. Must consist of all persons elected or appointed to serve as a

5-9 senator or assemblyman during the next ensuing regular session of the

5-10 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 activities

5-13 upon the completion of that message.

5-14 Sec. 8. The legislative commission may, pursuant to subsection 5 of

5-15 NRS 218.682, appoint one or more special committees before the

5-16 commencement of a regular session of the legislature. Each special

5-17 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 an

5-20 assembly standing committee, other than the assembly standing

5-21 committee on ways and means, for the next ensuing regular session of

5-22 the legislature; or

5-23 (b) Majority leader designate of the senate to serve as members of a

5-24 senate standing committee, other than the senate standing committee on

5-25 finance, for the next ensuing regular session of the legislature.

5-26 2. May meet to consider issues that may require consideration during

5-27 the next ensuing session by the standing committee upon which the

5-28 members of the special committee have been designated to serve.

5-29 3. Shall conclude its activities before the commencement of the next

5-30 ensuing session.

5-31 Sec. 9. NRS 218.085 is hereby amended to read as follows:

5-32 218.085 1. The legislative fund is hereby created as a special revenue

5-33 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 legislative

5-36 appropriation from the state general fund.

5-37 3. Expenditures from the legislative fund may be made for:

5-38 (a) The payment of necessary [operating] expenses of the senate;

5-39 (b) The payment of necessary [operating] expenses of the assembly;

5-40 (c) The payment of [the] necessary improvements to the legislative

5-41 building and its grounds;

5-42 (d) The payment of expenses for the interim operation of the legislature;

5-43 and

6-1 (e) The payment of necessary [operating] expenses of, but not limited

6-2 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; and

6-8 (6) The administrative division,

6-9 of the legislative counsel bureau.

6-10 4. Expenditures from the legislative fund for purposes other than those

6-11 specified in subsection 3 or authorized specifically by another statute may

6-12 be made only upon the authority of a concurrent resolution regularly

6-13 adopted by the senate and assembly.

6-14 5. [Except as otherwise provided in NRS 218.644, all] All money in

6-15 the legislative fund must be paid out on claims approved by the director of

6-16 the legislative counsel bureau or his designee . [as other claims against the

6-17 state are paid.]

6-18 Sec. 10. NRS 218.130 is hereby amended to read as follows:

6-19 218.130 The number of officers and employees of the senate [shall]

6-20 must be determined by each session of the senate as recommended by the

6-21 senate committee [on] which has jurisdiction of issues relating to

6-22 legislative functions.

6-23 Sec. 11. NRS 218.160 is hereby amended to read as follows:

6-24 218.160 The number of officers and employees of the assembly [shall]

6-25 must be determined by each session of the assembly as recommended by

6-26 the assembly committee [on] which has jurisdiction of issues relating to

6-27 legislative functions.

6-28 Sec. 12. NRS 218.210 is hereby amended to read as follows:

6-29 218.210 [1. Each senator elected before November 4, 1986, or

6-30 appointed to succeed a senator elected before November 4, 1986, is entitled

6-31 to receive as compensation $104 per day for each day of service:

6-32 (a) During any regular session, for the number of days the legislature is

6-33 in session, or in adjournment for not more than 3 days, or the maximum

6-34 number of days for which compensation for a regular session is permitted

6-35 by the constitution, whichever is smaller; and

6-36 (b) During any special session, for the number of days the legislature is

6-37 in session or the maximum number of days for which compensation for a

6-38 special session is permitted by the constitution, whichever is smaller.

6-39 2.] Each senator and assemblyman [elected on or after November 4,

6-40 1986, or appointed to succeed a senator or assemblyman elected on or after

6-41 November 4, 1986,] is entitled to receive as compensation $130 per day for

6-42 each day of service:

7-1 [(a)] 1. During any regular session, for the number of days the

7-2 legislature is in session, or in adjournment for not more than 3 days, or the

7-3 maximum number of days for which compensation for a regular session is

7-4 permitted by the constitution, whichever is smaller; and

7-5 [(b)] 2. During any special session, for the number of days the

7-6 legislature is in session or the maximum number of days for which

7-7 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:

7-10 218.220 1. The per diem expense allowance and the travel and

7-11 telephone expenses of senators and assemblymen elected or appointed and

7-12 in attendance at any session or presession orientation conference of the

7-13 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 a

7-15 session or presession orientation conference of the legislature, and for

7-16 return travel from Carson City, Nevada, to his home upon adjournment sine

7-17 die of a session or termination of a presession orientation conference of the

7-18 legislature, each senator and assemblyman is entitled to receive:

7-19 (a) A per diem expense allowance , not to exceed the [greater of:

7-20 (1) The rate of $44; or

7-21 (2) The] maximum rate established by the Federal Government for the

7-22 [locality in which the travel is performed,] Carson City area, for one day’s

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 by

7-26 subsection 2, each senator and assemblyman is entitled to receive a

7-27 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 the

7-30 session;

7-31 (2) Travel to and from his home or temporary residence or for

7-32 traveling to and from legislative committee and subcommittee meetings or

7-33 hearings or for individual travel within the state which relates to legislative

7-34 business; and

7-35 (3) If he rents furniture for his temporary residence rather than

7-36 moving similar furniture from his home, the cost of renting that furniture

7-37 not to exceed the amount that it would have cost to move the furniture to

7-38 and from his home; and

7-39 (b) A total of $1,000 during each special session of the legislature for

7-40 travel to and from his home or temporary residence or for traveling to and

7-41 from legislative committee and subcommittee meetings or hearings or for

7-42 individual travel within the state which relates to legislative business.

8-1 4. Each senator and assemblyman is entitled to receive a per diem

8-2 expense allowance , not to exceed the [greater of:

8-3 (a) The rate of $44; or

8-4 (b) The] maximum rate established by the Federal Government for the

8-5 [locality in which the travel is performed,] Carson City area, for each day

8-6 that the legislature is in session or in a presession orientation conference

8-7 and for each day that he attends a meeting of a standing committee of

8-8 which he is a member when the legislature has adjourned for more than 4

8-9 days.

8-10 5. Each senator and assemblyman who maintains temporary quarters in

8-11 or near Carson City for which he has entered into a lease or other

8-12 agreement for continuous occupancy for the duration of a legislative

8-13 session is entitled to receive a lodging allowance equal to that portion of

8-14 the expense allowance which the legislative commission designates by rule

8-15 as being allocated to lodging, for not more than 14 days in each period in

8-16 which:

8-17 (a) The legislature has adjourned until a time certain; and

8-18 (b) The senator or assemblyman is not entitled to a per diem expense

8-19 allowance pursuant to subsection 4.

8-20 6. In addition to the per diem expense allowance authorized by

8-21 subsection 4 and the lodging allowance authorized by subsection 5, each

8-22 senator and assemblyman who maintains temporary quarters in or near

8-23 Carson City for which he has entered into a lease or other agreement for

8-24 continuous occupancy for the duration of a legislative session is entitled to

8-25 receive a lodging allowance equal to that portion of the expense allowance

8-26 which the legislative commission designates by rule as being allocated to

8-27 lodging, for not more than 17 days in each period in which:

8-28 (a) The legislature has adjourned for more than 4 days; and

8-29 (b) The senator or assemblyman must obtain temporary lodging in a

8-30 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 lodging

8-32 allowance equal to that portion of the expense allowance which the

8-33 legislative commission designates by rule as being allocated to lodging, for

8-34 not more than 6 days in each period in which:

8-35 (a) The legislature has adjourned for more than 4 days; and

8-36 (b) The senator or assemblyman must obtain temporary lodging in a

8-37 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 expense

8-39 allowance authorized by subsection 4 or the lodging allowances authorized

8-40 by subsections 5 and 6.

8-41 8. Each senator and assemblyman is entitled to receive a telephone

8-42 allowance of not more than $2,800 for the payment of tolls and charges

8-43 incurred by him in the performance of official business during each regular

9-1 session of the legislature and not more than $300 during each special

9-2 session of the legislature.

9-3 9. An employee of the legislature assigned to serve a standing

9-4 committee is entitled to receive the travel expenses and per diem expense

9-5 allowance provided by law for state employees generally if he is required to

9-6 attend a hearing of the committee outside Carson City.

9-7 10. [Except as otherwise provided in NRS 218.644, claims] Claims for

9-8 expenses made under the provisions of this section must be [made as other

9-9 claims are made against the state, and must be] paid from the legislative

9-10 fund. Claims for per diem expense allowances authorized by subsection 4

9-11 and lodging allowances authorized by subsections 5, 6 and 7 must be paid

9-12 once each week during a legislative session and upon completion of a

9-13 presession orientation conference.

9-14 11. A claim for travel expenses authorized by subsection 2 or 3 must

9-15 not be paid unless the senator or assemblyman submits a signed statement

9-16 affirming:

9-17 (a) The date of the travel; and

9-18 (b) The places of departure and arrival and, if the travel is by private

9-19 conveyance, the actual miles traveled. If the travel is not by private

9-20 conveyance, the claim must include a receipt or other evidence of the

9-21 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 standard

9-24 mileage reimbursement rate for which a deduction is allowed for the

9-25 purposes of federal income tax. If two or more legislators travel in the same

9-26 private conveyance, the legislator who provided or arranged for providing

9-27 the transportation is presumed entitled to reimbursement.

9-28 (b) If the travel is not by private conveyance, the actual amount

9-29 expended.

9-30 Transportation must be by the most economical means, considering total

9-31 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:

9-33 218.225 1. At each regular session of the legislature, each legislator

9-34 is entitled to receive at the expense of the legislative fund from the state

9-35 printing division of the department of administration the following:

9-36 (a) Not to exceed 2,000 letterheads , [(] 8 1/2 inches x 11 inches , [)]

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 3/4

9-39 envelopes, or 4,000 of either variety; and

9-40 (c) Not to exceed 2,000 business cards and 1,000 memorandum sheets ,

9-41 [(] 500 each of the small and large type or 1,000 of either type . [).]

9-42 Selections must be made from samples submitted by the superintendent of

9-43 the state printing division of the department of administration, and all

10-1 printing must be done in the state printing division of the department of

10-2 administration.

10-3 2. Each female member of the assembly is entitled to have the word

10-4 "Assemblywoman" precede the inscription of her name on her official

10-5 stationery and business cards.

10-6 3. All orders for the printing specified in subsection 1 must be placed

10-7 by legislators with the director of the legislative counsel bureau, who shall

10-8 approve those claims which comply with the provisions of this section and

10-9 shall pay the claims from the legislative fund . [in the same manner as other

10-10 claims against the state are paid.]

10-11 4. A legislator may purchase from the state printing division of the

10-12 department of administration official stationery, cards and other material

10-13 appropriate to his official duties in excess of that specified in subsection 1

10-14 at his own expense.

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

10-16 218.230 1. [There] Except as otherwise provided in this section,

10-17 there must be paid to the [several] employees of the senate and assembly,

10-18 for all services rendered by them under the provisions of this chapter, the

10-19 following sums of money for each day’s employment and no more:

10-20 Senate

10-21 Assistant director of bill services $74

10-22 Assistant secretary 109

10-23 Assistant sergeant at arms 82

10-24 Bill clerk 60

10-25 Committee manager 101

10-26 Committee secretary 88

10-27 Deputy sergeant at arms 88

10-28 Director of bill services 80

10-29 Director of clerical services 103

10-30 Executive assistant 101

10-31 Finance secretary 99

10-32 Front desk assistant 101

10-33 History clerk 101

10-34 Journal clerk 101

10-35 Media clerk 101

10-36 Recording clerk 101

10-37 Secretary 80

10-38 Senior committee secretary 96

10-39 Senior page 75

10-40 Sergeant at arms 103

10-41 Typist 68

11-1 Assembly

11-2 Assistant chief clerk $109

11-3 Assistant sergeant at arms 82

11-4 Assistant supervisor of bill clerks 74

11-5 Bill clerk 60

11-6 Committee manager 101

11-7 Committee secretary 88

11-8 Deputy sergeant at arms 88

11-9 Document clerk 101

11-10 Executive assistant 101

11-11 History clerk 101

11-12 Journal clerk 101

11-13 Media clerk 101

11-14 Page 60

11-15 Recording clerk 101

11-16 Secretary 80

11-17 Senior committee secretary 96

11-18 Senior page 75

11-19 Sergeant at arms 103

11-20 Supervisor of bill clerks 80

11-21 Supervisor of secretarial staff 103

11-22 Typist 68

11-23 Ways and means secretary 99

11-24 2. During periods of adjournment to a day certain, employees of the

11-25 legislature whose service is required shall perform duties as assigned and

11-26 are entitled to be paid the amount specified in [this section] subsection 1

11-27 for each day of service.

11-28 3. During periods before the commencement of a session and after

11-29 the adjournment of a session sine die, employees of the legislature whose

11-30 service is required shall perform duties as assigned and are entitled to be

11-31 paid at an hourly rate commensurate with the daily rate specified in

11-32 subsection 1.

11-33 Sec. 16. NRS 218.240 is hereby amended to read as follows:

11-34 218.240 1. The legislative counsel and the legal division of the

11-35 legislative counsel bureau shall prepare and assist in the preparation and

11-36 amendment of legislative measures when requested or upon suggestion as

11-37 provided in NRS 218.240 to 218.255, inclusive [.] , and sections 2 to 6,

11-38 inclusive, of this act. Except as otherwise provided in those provisions, the

11-39 legislative counsel and the legal division of the legislative counsel bureau

11-40 shall not prepare or assist in the preparation and amendment of legislative

11-41 measures directly submitted or requested by a natural person, corporation,

12-1 firm, association or other entity, including an organization that represents

12-2 governmental agencies, unless the requester, or if the requester is a natural

12-3 person the office or other position held by the person, is created by the

12-4 constitution or laws of this state.

12-5 2. [An interim committee which conducts a study or investigation

12-6 pursuant to subsection 5 of NRS 218.682 may request the preparation of no

12-7 more than 10 legislative measures, except that such a committee may

12-8 request the preparation of additional legislative measures if the legislative

12-9 commission approves each additional request by a majority vote.

12-10 3.] The legislative counsel shall give consideration to and service

12-11 concerning any measure before the legislature which is requested by the

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

12-13 having the measure before it for consideration.

12-14 [4.] 3. The legislative counsel may deliver to the superintendent of the

12-15 state printing division of the department of administration and request that

12-16 he print or preset the type for printing a legislative measure before its

12-17 introduction upon the consent of the person or persons requesting the

12-18 measure. If the measure has been requested by a legislator, the

12-19 superintendent shall promptly comply with this request.

12-20 Sec. 17. NRS 218.241 is hereby amended to read as follows:

12-21 218.241 1. Upon request made within the time allowed and [within]

12-22 limits established [by the legislature by concurrent resolution,] pursuant to

12-23 NRS 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this

12-24 act, the legislative counsel shall advise any agency or officer of the

12-25 executive branch of the state government, and [shall advise] any county,

12-26 school district or city, as to the preparation of measures to be submitted to

12-27 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 the

12-31 executive branch of the state government or from a county, school district

12-32 or city must, insofar as is possible, be acted upon in the order in which they

12-33 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 state

12-35 government has requested 10 legislative measures for any session, the

12-36 legislative counsel may request the agency or officer to designate the

12-37 priority for each succeeding request.

12-38 (c) [Within] Not later than 2 weeks [after] before the commencement of

12-39 a regular session of the legislature, any county, school district or city which

12-40 has requested the preparation of more than one legislative measure for that

12-41 session shall submit to the legislative counsel a list which designates the

12-42 order of priority for each request.

13-1 The priority designated pursuant to this subsection must guide the

13-2 legislative counsel in acting upon the requests of the respective agencies

13-3 and officers of the executive branch of the state government and the

13-4 counties, school districts and cities to ensure each agency and officer, and

13-5 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:

13-7 218.2413 1. Except as otherwise provided in subsections 3, 4 and 5,

13-8 each board of county commissioners, board of trustees of a school district

13-9 and city council may request the legislative counsel and the legal division

13-10 of the legislative counsel bureau to prepare any legislative measure which

13-11 has been approved by the governing body of the county, school district or

13-12 city at a public hearing before its submission to the legislative counsel

13-13 bureau.

13-14 2. The legislative counsel shall notify the requesting county, school

13-15 district or city if its request substantially duplicates a request previously

13-16 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 than

13-19 [33] 15 legislative measures pursuant to subsection 1 for a regular

13-20 legislative session. At least [three] one of the measures must be

13-21 recommended by a metropolitan police department that is located within

13-22 the county.

13-23 (b) Is 100,000 or more but less than 400,000 shall not request the

13-24 preparation of more than [25] 10 legislative measures pursuant to

13-25 subsection 1 for a regular legislative session.

13-26 (c) Is less than 100,000 shall not request the preparation of more than

13-27 [5] 2 legislative measures pursuant to subsection 1 for a regular legislative

13-28 session.

13-29 4. The board of trustees of a school district in a county whose

13-30 population:

13-31 (a) Is 400,000 or more shall not request the preparation of more than 5

13-32 legislative measures pursuant to subsection 1 for a regular legislative

13-33 session.

13-34 (b) Is 100,000 or more but less than 400,000 shall not request the

13-35 preparation of more than [3] 2 legislative measures pursuant to subsection 1

13-36 for a regular legislative session.

13-37 (c) Is less than 100,000 shall not request the preparation of more than 1

13-38 legislative measure pursuant to subsection 1 for a regular legislative

13-39 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 than

13-42 [10] 4 legislative measures pursuant to subsection 1 for a regular

13-43 legislative session.

14-1 (b) Is less than 100,000 shall not request the preparation of more than [5

14-2 legislative measures] 1 legislative measure pursuant to subsection 1 for a

14-3 regular legislative session.

14-4 6. As used in this section, "population" means the current

14-5 population estimate for that city or county as determined and published

14-6 by the department of taxation and the demographer employed pursuant

14-7 to NRS 360.283.

14-8 Sec. 19. NRS 218.2415 is hereby amended to read as follows:

14-9 218.2415 1. An association of elected officials may directly request

14-10 the legislative counsel and the legal division of the legislative counsel

14-11 bureau to prepare no more than 5 legislative measures for a regular

14-12 legislative session.

14-13 2. An association of counties or cities may directly request the

14-14 legislative counsel and the legal division of the legislative counsel bureau

14-15 to prepare no more than [10] 20 legislative measures for a regular

14-16 legislative session.

14-17 Sec. 20. NRS 218.242 is hereby amended to read as follows:

14-18 218.242 Upon request, within the limits established pursuant to NRS

14-19 218.240 to 218.255, inclusive, and sections 2 to 6, inclusive, of this act or

14-20 by the legislature by concurrent resolution, the legislative counsel shall

14-21 assist any legislator in the preparation of bills and resolutions, drafting

14-22 them in proper form, and furnishing the legislator the fullest information

14-23 upon all matters within the scope of his duties. The legislative counsel

14-24 shall, insofar as is possible, act upon all legislators’ requests for legislative

14-25 measures in the order in which they are received. To assure the greatest

14-26 possible equity in the handling of requests, drafting must proceed as

14-27 follows:

14-28 1. If he so desires, a legislator may designate a different priority for his

14-29 bills and resolutions which the legislative counsel shall observe, insofar as

14-30 is possible.

14-31 2. The drafting of requests for legislative measures from chairmen or

14-32 members of standing committees or special committees, on behalf of those

14-33 committees, must not, except where urgency is recognized, take precedence

14-34 over the priority established or designated for individual legislators’ bills

14-35 and resolutions.

14-36 Sec. 21. NRS 218.245 is hereby amended to read as follows:

14-37 218.245 1. Except as otherwise provided in subsections 2 and 5, the

14-38 legislative counsel and the legal division of the legislative counsel bureau

14-39 shall not prepare or assist in the preparation of proposed legislation for any

14-40 agency or officer of the executive branch of the state government or for a

14-41 county, school district or city before a regular session of the legislature

14-42 unless the request is approved by the governor or a designated member of

15-1 his staff, or the governing body of the county, school district or city, and

15-2 transmitted to the legislative counsel before September 1 preceding the

15-3 convening of the session.

15-4 2. A request for proposed legislation may be submitted to the

15-5 legislative counsel by the board of regents of the University of Nevada,

15-6 lieutenant governor, secretary of state, attorney general, state controller or

15-7 state treasurer without the approval of the governor or a designated member

15-8 of his staff.

15-9 3. After November 1, preceding a legislative session, the legislative

15-10 counsel and the legal division of the legislative counsel bureau shall give

15-11 full priority to the preparation of proposed legislation requested by

15-12 members of the legislature.

15-13 4. The legislative counsel and the legal division of the legislative

15-14 counsel bureau shall not prepare or assist in the preparation of any

15-15 proposed legislation during any regular session of the legislature except

15-16 [upon the request of a member of the legislature or the personal written

15-17 request of the governor.] as authorized by statute or joint rule of the

15-18 legislature.

15-19 5. An agency or officer of the executive branch of the state government

15-20 or a county, school district or city, shall not request a legislator to have

15-21 legislation drafted on its behalf. The legislative commission, when the

15-22 legislature is not in session, or a standing committee which has jurisdiction

15-23 of the subject matter when the legislature is in session, may, if it finds that

15-24 exceptional circumstances so warrant, authorize the drafting of legislation

15-25 requested after the time limited by subsection 1 [.] of this section and

15-26 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:

15-28 218.247 1. The legislative counsel and the legal division of the

15-29 legislative counsel bureau shall prepare and assist in the preparation [and

15-30 amendment] of legislative measures at the [written suggestion of any

15-31 justice] request of the supreme court [or judge of a district court, within

15-32 limits established by the legislature by concurrent resolution.] if the

15-33 legislative measures are transmitted to the legislative counsel before

15-34 September 1 preceding the commencement of the next regular session of

15-35 the legislature. The supreme court may transmit to the legislative counsel

15-36 pursuant to this section not more than 16 legislative measures on behalf

15-37 of the supreme court and district courts of this state and not more than 4

15-38 legislative measures on behalf of the municipal courts and justices’

15-39 courts of this state.

15-40 2. Every [suggestion of a judge] requested legislative measure must

15-41 set forth the substance of the provisions desired or which may be needed

15-42 with the reasons therefor.

16-1 3. The legislative counsel [and the legal division of the legislative

16-2 counsel bureau shall prepare a measure in accordance with the suggestion

16-3 of a judge, and] shall transmit [it] any legislative measure prepared

16-4 pursuant to this section to the chairman of the committee on judiciary of

16-5 each house at the next regular session of the legislature.

16-6 Sec. 23. NRS 218.272 is hereby amended to read as follows:

16-7 218.272 1. [The] Except as otherwise provided in subsection 4, the

16-8 fiscal analysis division shall obtain a fiscal note on:

16-9 (a) Any bill which makes an appropriation or increases any existing

16-10 appropriation;

16-11 (b) Any bill or joint resolution which creates or increases any fiscal

16-12 liability or decreases any revenue which appears to be in excess of $2,000;

16-13 and

16-14 (c) Any bill or joint resolution which increases or newly provides for a

16-15 term of imprisonment in the state prison or makes release on parole or

16-16 probation from the state prison less likely,

16-17 before [the] a vote is taken on such a bill or joint resolution [is considered

16-18 at a public hearing of] by a committee of the assembly or the senate . [, or

16-19 before any vote is taken on it by the committee.]

16-20 2. The fiscal note must contain a reliable estimate of the anticipated

16-21 change in appropriation authority, fiscal liability or state revenue under the

16-22 bill or joint resolution, including, to the extent possible, a projection of

16-23 such changes in future biennia.

16-24 [2.] 3. Except as otherwise provided in NRS 218.272 to 218.2758,

16-25 inclusive, or in the joint rules of the senate and assembly, the estimates

16-26 must be made by the agency receiving the appropriation or collecting the

16-27 revenue.

16-28 [3.] 4. The fiscal note is not required on any bill or joint resolution

16-29 relating exclusively to the proposed executive budget.

16-30 Sec. 24. NRS 218.2723 is hereby amended to read as follows:

16-31 218.2723 Before a vote is taken by a committee of the assembly or

16-32 the senate on any bill or joint resolution which reduces the revenues or

16-33 increases the expenditures of a local government or any bill which

16-34 increases or newly provides for a term of imprisonment in a county or city

16-35 jail or detention facility, or makes release on probation therefrom less

16-36 likely, [is considered at a public hearing of a committee of the assembly or

16-37 the senate or before a vote is taken thereon by the committee,] the fiscal

16-38 analysis division shall prepare a fiscal note after consultation with the

16-39 appropriate local governments or their representatives.

16-40 Sec. 25. NRS 218.2725 is hereby amended to read as follows:

16-41 218.2725 1. Before a vote is taken by a committee of the assembly

16-42 or the senate on any bill or joint resolution which affects the premiums

16-43 charged to employers as provided in chapters 616A, 616B, 616C, 616D or

17-1 617 of NRS or the state insurance fund established by chapters 616A to

17-2 616D, inclusive, of NRS , [is considered at a public hearing of a committee

17-3 of the assembly or the senate or before a vote is taken thereon by the

17-4 committee,] the fiscal analysis division shall obtain a fiscal note in the

17-5 manner and form, to the extent applicable, provided for in NRS 218.272 to

17-6 218.2758, inclusive, showing the financial effect on the premiums charged

17-7 employers by the state industrial insurance system or on the state insurance

17-8 fund.

17-9 2. The state industrial insurance system shall provide such information

17-10 upon request of the fiscal analysis division.

17-11 3. The department of administration is not required to review such a

17-12 fiscal note, but upon request of any legislator, the fiscal analysis division

17-13 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:

17-15 218.380 [The] An enrolled bill [or resolution shall] must be delivered

17-16 by the legislative counsel, or such person as he [shall] designates in writing

17-17 , [designate,] to the governor for his action, who may authorize a member

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:

17-20 218.390 1. An enrolled joint resolution proposing an amendment to

17-21 the constitution of the State of Nevada [must not be presented to the

17-22 governor for approval and signature, but] must be delivered with the

17-23 official engrossed copy thereof to the secretary of state or such deputy or

17-24 clerk as he designates in writing.

17-25 2. The secretary of state shall cause the enrolled resolution and the

17-26 engrossed copy thereof to be filed in his office, and shall deliver them to

17-27 the presiding officer of the house in which the proposed amendment

17-28 originated at the next ensuing session of the legislature. The enrolled

17-29 resolution accompanied by the engrossed copy thereof must thereupon be

17-30 laid before the house for action, and if approved by a majority of the

17-31 members elected thereto, must again be deposited with and filed by the

17-32 secretary of state so that it may be placed upon the ballot at the next

17-33 ensuing general election.

17-34 3. The history of the joint resolution containing a notation that it has

17-35 been returned to the house of its origin by the secretary of state must be

17-36 noted on the engrossed copy of the resolution, and must likewise appear

17-37 upon the enrolled copy thereof. The enrolled copy must bear the original

17-38 signatures of the presiding officers and secretary and clerk of the respective

17-39 houses for both sessions of the legislature at which the proposed

17-40 amendment to the constitution was considered.

17-41 4. The secretary of state shall cause all proposed amendments to the

17-42 constitution to be published in the printed volume of the statutes for each

17-43 year when they have been considered by the legislature.

18-1 Sec. 28. NRS 218.400 is hereby amended to read as follows:

18-2 218.400 1. As soon as an enrolled bill [or joint resolution] is

18-3 delivered to the governor, any person duly authorized shall endorse by

18-4 stamp, on the back of the enrolled copy of such bill , [or joint resolution,]

18-5 over his signature, from whom and which house the bill was received, the

18-6 date and hour of receipt, and the number of pages comprising the [same,]

18-7 bill, and shall compute and note thereon the time limit for action by the

18-8 governor, excluding the day of receipt and Sundays, which [shall] must not

18-9 exceed the constitutional limit for such action.

18-10 2. Within such time limit the bill [or joint resolution shall,] must, if

18-11 approved, be signed by the governor immediately after the signatures of the

18-12 officials of both houses as follows:

18-13 State of Nevada

18-14 Executive Department

18-15 Approved

18-16 .....a.m.....p.m.

18-17 ........(month)........(day)........(year)

18-18 .........................(Governor)

18-19 3. Immediately following such approval, without alteration or

18-20 correction, the bill [or joint resolution shall] must be deposited with the

18-21 secretary of state, who shall endorse on the back thereof, following the

18-22 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:

18-28 218.410 The secretary of state, or such deputy or clerk as he [shall

18-29 designate] designates in writing, shall receipt to the governor for all bills

18-30 [and joint resolutions] received, noting the number of such bill , [or

18-31 resolution,] the house wherein the [same] bill originated, the number of

18-32 pages contained therein, and the hour and date received. Such receipt

18-33 [shall] must be retained in the governor’s office for at least 6 years.

18-34 Sec. 30. NRS 218.420 is hereby amended to read as follows:

18-35 218.420 1. If the governor does not approve a bill [or joint

18-36 resolution] within 5 days, Sundays excepted, after it [shall have] has been

18-37 presented to him, the bill [shall become a law or the joint resolution shall

18-38 become effective] becomes a law without his signature, unless he [shall

18-39 have] has returned it to the house in which it originated, with his objections

18-40 thereto, [and which shall] which must be entered in its journal.

19-1 2. Such house shall thereupon proceed to reconsider the vetoed bill [or

19-2 joint resolution,] and if thereafter it [shall again pass] again passes both

19-3 houses by a two-thirds vote of the members elected to each house, the bill

19-4 [shall become a law or the joint resolution shall become effective] becomes

19-5 a law notwithstanding the objections of the governor, and [shall] must be

19-6 delivered by the legislative counsel directly to the secretary of state for

19-7 filing, who shall receipt to the legislative counsel therefor.

19-8 Sec. 31. NRS 218.430 is hereby amended to read as follows:

19-9 218.430 1. If the legislature , [shall,] by its final adjournment,

19-10 [prevent] prevents the return of a bill [or joint resolution] within 5 days

19-11 after delivery to the governor, Sundays excepted, the bill [shall become a

19-12 law or the joint resolution shall become effective] becomes a law without

19-13 his signature, unless within 10 days next after the adjournment, Sundays

19-14 excepted, he [shall file the bill or joint resolution] files the bill with his

19-15 objections thereto with the secretary of state.

19-16 2. The secretary of state shall lay the bill [or joint resolution] before

19-17 the legislature at its next regular session in like manner as if it had been

19-18 returned by the governor directly to the house in which it originated. If the

19-19 bill [or joint resolution shall receive] receives the vote of two-thirds of the

19-20 members elected to each house of the legislature, upon a vote taken by yeas

19-21 and nays, to be entered upon the journals of each house, the bill [shall

19-22 become a law or the joint resolution shall become effective, and shall]

19-23 becomes a law and must be delivered by the legislative counsel directly to

19-24 the secretary of state for filing, who shall receipt to the legislative counsel

19-25 therefor.

19-26 Sec. 32. NRS 218.440 is hereby amended to read as follows:

19-27 218.440 1. The secretary of state shall, after the final adjournment of

19-28 each session of the legislature, cause all legislative bills [and joint

19-29 resolutions] deposited with him after approval by the governor, and all joint

19-30 resolutions, concurrent resolutions and memorials to be bound in a

19-31 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 the

19-33 manner directed by the state board of examiners.

19-34 Sec. 33. NRS 218.464 is hereby amended to read as follows:

19-35 218.464 1. The following persons are entitled to receive free of

19-36 charge in any one calendar year any bill, resolution, daily history, daily

19-37 journal or index, in the number of copies shown, upon verification of their

19-38 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 one

19-42 judge, one copy; and

20-1 (d) The judges and the administrator or clerk of a district court in a

20-2 judicial district having more than one judge, two copies.

20-3 2. Upon approval of the committee [on] of the senate or the assembly

20-4 which has jurisdiction of issues relating to legislative functions , [of the

20-5 senate or assembly,] additional copies must be provided to these persons

20-6 without charge, except for the cost of handling and postage as determined

20-7 by the director of the legislative counsel bureau.

20-8 Sec. 34. NRS 218.466 is hereby amended to read as follows:

20-9 218.466 1. The following persons, offices or organizations, upon

20-10 request, are entitled to receive free of charge in any one calendar year one

20-11 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 and

20-21 Community College System of Nevada.

20-22 (j) Accredited members of the press.

20-23 2. Upon approval of the committee [on] of the senate or the assembly

20-24 which has jurisdiction of issues relating to legislative functions , [of the

20-25 senate or assembly,] additional copies must be provided to these persons,

20-26 offices or organizations without charge, except for the cost of any handling

20-27 and postage as determined by the director of the legislative counsel bureau.

20-28 3. Township, school and municipal officials may have distributed, free

20-29 of charge, the number of copies of any bill or other legislative publication

20-30 that is approved by the committee on legislative functions of the senate or

20-31 assembly.

20-32 Sec. 35. NRS 218.500 is hereby amended to read as follows:

20-33 218.500 1. The secretary of state shall furnish to the superintendent

20-34 of the state printing division of the department of administration, within 3

20-35 days [from the time] after he receives [each one from the governor, after

20-36 approval,] them, a copy of all acts, joint and concurrent resolutions, and

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 have

20-42 printed and bound advance sheets of all acts, resolutions and memorials

20-43 passed at the session.

21-1 (c) Distribute one copy of the advance sheets, without charge, to each

21-2 justice of the supreme court, the attorney general, the state public defender,

21-3 and to each county clerk, district judge, district attorney, county public

21-4 defender, justice of the peace, city attorney and municipal judge in the

21-5 state, deliver to the supreme court law library a number of copies

21-6 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 other

21-8 persons.

21-9 3. The legislative counsel shall, immediately upon the adjournment of

21-10 the session, prepare statutory tables and an index of all acts, resolutions and

21-11 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 NRS

21-14 218.510.

21-15 Sec. 36. NRS 218.5375 is hereby amended to read as follows:

21-16 218.5375 1. There is hereby created a legislative committee on

21-17 workers’ compensation. The committee consists of:

21-18 (a) Four members appointed by the majority leader of the senate, in

21-19 consultation with the minority leader of the senate, from the membership of

21-20 the senate standing committee [on commerce and labor] which had

21-21 jurisdiction of issues relating to workers’ compensation during the

21-22 immediately preceding session of the legislature.

21-23 (b) Four members appointed by the speaker of the assembly from the

21-24 membership of the assembly standing committee [on labor and

21-25 management] which had jurisdiction of issues relating to workers’

21-26 compensation during the immediately preceding session of the legislature.

21-27 The members must represent each political party represented in the

21-28 assembly in the approximate proportion that they are represented in that

21-29 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 vice

21-31 chairman from among their members. The chairman must be elected from

21-32 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 those

21-34 officers holds office for a term of 2 years commencing on July 1 of each

21-35 odd-numbered year. If a vacancy occurs in the chairmanship or vice

21-36 chairmanship, the members of the committee shall elect a replacement for

21-37 the remainder of the unexpired term.

21-38 3. Any member of the committee who is not a candidate for reelection

21-39 or who is defeated for reelection continues to serve until the convening of

21-40 the next session of the legislature.

21-41 4. Vacancies on the committee must be filled in the same manner as

21-42 original appointments.

22-1 Sec. 37. NRS 218.610 is hereby amended to read as follows:

22-2 218.610 As used in NRS 218.610 to 218.735, inclusive, and sections 7

22-3 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 industrial

22-5 insurance system.

22-6 Sec. 38. NRS 218.640 is hereby amended to read as follows:

22-7 218.640 [Except as otherwise provided in NRS 218.644, money]

22-8 Money to carry out the functions of the legislative counsel bureau must be

22-9 provided by legislative appropriation from the state general fund to the

22-10 legislative fund . [, and must be paid out on claims as other claims against

22-11 the state are paid.] All claims must be approved by the director of the

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:

22-14 218.644 1. The legislative counsel bureau shall maintain a checking

22-15 account in any qualified bank for the purposes of providing advance money

22-16 and reimbursement to legislators and employees for travel expenses, paying

22-17 the salaries of persons on the payroll of the legislative branch of

22-18 government, related payroll costs , other expenses which may or must be

22-19 paid from the legislative fund and any other expenses directed by the

22-20 legislative commission. The account must be secured by a depository bond

22-21 to the extent the account is not insured by the Federal Deposit Insurance

22-22 Corporation. All checks written on this account must be signed by the

22-23 chairman of the legislative commission and the director of the legislative

22-24 counsel bureau or his designee, except that during a regular session of the

22-25 legislature, the majority leader of the senate and the speaker of the

22-26 assembly shall sign the checks.

22-27 2. A request for advance money for travel constitutes a lien in favor of

22-28 the legislative fund upon the accrued salary, subsistence allowance and

22-29 travel expenses of the legislator or employee in an amount equal to the sum

22-30 advanced.

22-31 3. The legislator or employee is entitled to receive upon request any

22-32 authorized travel expenses in excess of the amount advanced. The legislator

22-33 or employee shall reimburse the legislative fund any amount advanced that

22-34 is not used for reimbursable travel expenses.

22-35 Sec. 40. NRS 218.6824 is hereby amended to read as follows:

22-36 218.6824 1. There is hereby created a budget subcommittee of the

22-37 legislative commission.

22-38 2. The chairman of the legislative commission shall appoint to the

22-39 subcommittee the persons designated by the speaker designate of the

22-40 assembly to be members of the assembly standing committee on ways and

22-41 means and the persons designated by the majority leader designate of the

22-42 senate to be members of the senate standing committee on finance for the

22-43 next ensuing session of the legislature.

23-1 3. The budget subcommittee shall conclude its activities before the

23-2 next regular legislative session is convened.

23-3 4. The budget subcommittee shall [:

23-4 (a) Review the synopsis of the state budget prepared by the fiscal

23-5 analysis division of the legislative counsel bureau pursuant to NRS

23-6 353.211; and

23-7 (b) Consider other] consider fiscal issues that may require consideration

23-8 by the legislature at the next ensuing session.

23-9 Sec. 41. NRS 218.685 is hereby amended to read as follows:

23-10 218.685 Notwithstanding the provisions of NRS 218.150 and 218.180,

23-11 between sessions of the legislature, the director of the legislative counsel

23-12 bureau, with the approval of the legislative commission, may appoint such

23-13 technical, clerical and operational staff as the functions and operations of

23-14 the legislature may require. Salaries and [the costs of any contract services

23-15 shall] related costs must be paid from the legislative fund.

23-16 Sec. 42. NRS 218.697 is hereby amended to read as follows:

23-17 218.697 1. Upon request, the legislative counsel shall represent any

23-18 legislator in any matter before the commission on ethics.

23-19 2. When deemed necessary or advisable to protect the official interests

23-20 of the legislature or one or more legislative committees, the legislative

23-21 commission, or the chairman of the legislative commission in cases where

23-22 action is required before a meeting of the legislative commission is

23-23 scheduled to be held, may direct the legislative counsel and his staff to

23-24 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 the

23-26 United States.

23-27 3. [Expenses] The legislative commission may authorize payment of

23-28 the expenses and costs incurred pursuant to this section [may be paid by

23-29 the legislative commission] from the legislative fund.

23-30 Sec. 43. NRS 233B.050 is hereby amended to read as follows:

23-31 233B.050 1. In addition to other regulation-making requirements

23-32 imposed by law, each agency shall:

23-33 (a) Adopt rules of practice, setting forth the nature and requirements of

23-34 all formal and informal procedures available, including a description of all

23-35 forms and instructions used by the agency.

23-36 (b) Make available for public inspection all rules of practice and

23-37 regulations adopted or used by the agency in the discharge of its functions

23-38 and that part of the Nevada Administrative Code which contains its

23-39 regulations.

23-40 (c) Make available for public inspection all final orders, decisions and

23-41 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 with

24-2 the secretary of state a statement setting forth the date on which the most

24-3 recent review of those rules was completed and describing any revisions

24-4 made as a result of the review.

24-5 (e) Review its regulations at least once every 10 years to determine

24-6 whether it should amend or repeal any of the regulations. Within 30 days

24-7 after completion of the review, the agency shall submit a report to the

24-8 [director of the] legislative counsel [bureau] for distribution to the next

24-9 regular session of the legislature. The report must include the date on which

24-10 the agency completed its review of the regulations and describe any

24-11 regulation that must be amended or repealed as a result of the review. [The

24-12 director of the legislative counsel bureau shall provide a copy of the report

24-13 to the legislative counsel for the purposes of subsection 2 of NRS

24-14 233B.065.]

24-15 2. A regulation, rule, final order or decision of an agency is not valid or

24-16 effective against any person or party, nor may it be invoked by the agency

24-17 for any purpose, until it has been made available for public inspection as

24-18 required in this section, except that this provision does not apply in favor of

24-19 any person or party who has actual knowledge thereof.

24-20 Sec. 44. NRS 233B.0665 is hereby amended to read as follows:

24-21 233B.0665 If a regulation submitted to the legislative counsel bureau

24-22 pursuant to NRS 233B.067 is not accompanied by an informational

24-23 statement which complies with the requirements of NRS 233B.066, the

24-24 [director of the] legislative counsel [bureau] shall return the regulation to

24-25 the agency with a note that the statement is missing. Unless the statement is

24-26 supplied, the [director] legislative counsel shall not submit the regulation to

24-27 the commission, and the regulation never becomes effective. If the

24-28 statement is supplied, the time for action upon the regulation must be

24-29 computed from the date of delivering the statement to the [director.]

24-30 legislative counsel.

24-31 Sec. 45. NRS 233B.067 is hereby amended to read as follows:

24-32 233B.067 1. After adopting a permanent regulation, the agency shall

24-33 submit the informational statement prepared pursuant to NRS 233B.066

24-34 and one copy of each regulation adopted to the [director of the] legislative

24-35 counsel [bureau] for review by the legislative commission, which may refer

24-36 it to a joint interim committee, to determine whether the regulation

24-37 conforms to the statutory authority pursuant to which it was adopted and

24-38 whether the regulation carries out the intent of the legislature in granting

24-39 that authority. The [director] legislative counsel shall endorse on the

24-40 original and the copy of each adopted regulation the date of their receipt.

24-41 The [director] legislative counsel shall maintain the copy of the regulation

24-42 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 the [director of the]

25-2 legislative counsel [bureau] pursuant to subsection 1 that:

25-3 (a) The agency is required to adopt pursuant to a federal statute or

25-4 regulation; and

25-5 (b) Exceeds the specific statutory authority of the agency or sets forth

25-6 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 a

25-8 federal statute or regulation. The statement must include the specific

25-9 citation of the federal statute or regulation requiring such adoption.

25-10 3. The legislative commission, or the joint interim committee if the

25-11 commission has referred it to such a committee, shall review the regulation

25-12 at its next regularly scheduled meeting if the regulation is received more

25-13 than 10 working days before the meeting and a regular meeting is held

25-14 within 35 days after receipt of the regulation. The commission may appoint

25-15 a committee composed of three or more members of the commission or any

25-16 joint interim committee to examine proposed regulations received more

25-17 than 35 days before a regular meeting is scheduled to be held.

25-18 4. The legislative commission shall notify the [director] legislative

25-19 counsel of the results of its review within 30 days after receipt of the

25-20 regulation from the agency. If the commission does not object to the

25-21 regulation, the [director] legislative counsel shall file it with the secretary

25-22 of state within 35 days after receipt from the agency and notify the agency

25-23 of the filing. If the commission objects to the regulation after determining

25-24 that:

25-25 (a) If subsection 2 is applicable, the regulation is not required pursuant

25-26 to a federal statute or regulation;

25-27 (b) The regulation does not conform to statutory authority; or

25-28 (c) The regulation does not carry out legislative intent,

25-29 the [director] legislative counsel shall attach to the regulation a written

25-30 notice of the objection of the commission, including a statement of the

25-31 reasons for its objection, and shall promptly return the regulation to the

25-32 agency.

25-33 Sec. 46. NRS 233B.0675 is hereby amended to read as follows:

25-34 233B.0675 1. If the legislative commission has objected to a

25-35 regulation, the agency may revise it and return it to the [director of the]

25-36 legislative counsel . [bureau.] Upon receipt of the revised regulation, the

25-37 [director] legislative counsel shall resubmit the regulation to the

25-38 commission at its next regularly scheduled meeting. If the commission does

25-39 not object to the revised regulation, the [director] legislative counsel shall

25-40 promptly file the revised regulation with the secretary of state and notify

25-41 the agency of the filing.

25-42 2. If the legislative commission objects to the revised regulation, the

25-43 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 legislative

26-2 commission has objected, the commission may suspend the filing of the

26-3 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, by

26-5 concurrent resolution or other appropriate legislative measure, declare that

26-6 the regulation will not become effective. The [director] legislative counsel

26-7 shall thereupon notify the agency that the regulation will not be filed and

26-8 must not be enforced. If the legislature has not so declared by the final day

26-9 of the session, the [director] legislative counsel shall promptly file the

26-10 regulation and notify the agency of the filing.

26-11 Sec. 47. NRS 233B.0681 is hereby amended to read as follows:

26-12 233B.0681 The legislative commission may provide for:

26-13 1. Its early review of a regulation after the agency has given notice of a

26-14 hearing on the regulation but before the hearing is held. If the regulation

26-15 adopted after the hearing is identical to the regulation submitted for early

26-16 review, the [director] legislative counsel shall promptly file the regulation

26-17 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 administrative

26-19 convenience or necessity.

26-20 Sec. 48. NRS 233B.070 is hereby amended to read as follows:

26-21 233B.070 1. A permanent regulation becomes effective when the

26-22 [director of the] legislative counsel [bureau] files with the secretary of state

26-23 the original of the final draft or revision of a regulation, except as otherwise

26-24 provided in NRS 233B.0665 or where a later date is specified in the

26-25 regulation.

26-26 2. A temporary or emergency regulation becomes effective when the

26-27 agency files with the secretary of state the original of the final draft or

26-28 revision of a regulation, together with the informational statement prepared

26-29 pursuant to NRS 233B.066. The agency shall also file a copy of the

26-30 temporary or emergency regulation with the legislative counsel , [bureau,]

26-31 together with the informational statement prepared pursuant to NRS

26-32 233B.066.

26-33 3. The secretary of state shall maintain the original of the final draft or

26-34 revision of each regulation in a permanent file to be used only for the

26-35 preparation of official copies.

26-36 4. The secretary of state shall file, with the original of each agency’s

26-37 rules of practice, the current statement of the agency concerning the date

26-38 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 the

26-41 stamp of the secretary of state indicating that it has been filed, including

26-42 material adopted by reference which is not already filed with the state

26-43 library and archives administrator, to the state library and archives

27-1 administrator for use by the public. If the agency is a licensing board as

27-2 defined in NRS 439B.225 and it has adopted a permanent regulation

27-3 relating to standards for licensing or for the renewal of a license issued to a

27-4 person or facility regulated by the agency, the agency shall also deliver one

27-5 copy of the regulation, bearing the stamp of the secretary of state, to the

27-6 legislative committee on health care within 10 days after the regulation is

27-7 filed with the secretary of state.

27-8 6. Each agency shall furnish a copy of all or part of that part of the

27-9 Nevada Administrative Code which contains its regulations, to any person

27-10 who requests a copy, and may charge a reasonable fee for the copy based

27-11 on the cost of reproduction if it does not have money appropriated or

27-12 authorized for that purpose.

27-13 7. An agency which publishes any regulations included in the Nevada

27-14 Administrative Code shall use the exact text of the regulation as it appears

27-15 in the Nevada Administrative Code, including the leadlines and numbers of

27-16 the sections. Any other material which an agency includes in a publication

27-17 with its regulations must be presented in a form which clearly distinguishes

27-18 that material from the regulations.

27-19 Sec. 49. NRS 233B.115 is hereby amended to read as follows:

27-20 233B.115 1. Any person who objects to the content of a form

27-21 required by an agency to be used in submitting an application, making a

27-22 declaration or providing other information may request the legislative

27-23 commission to determine whether the information required and the

27-24 instructions for its preparation conform to the statutory authority pursuant

27-25 to which the agency requires it. The legislative commission may also make

27-26 such a determination on its own motion.

27-27 2. If the legislative commission finds that any part of the information or

27-28 instructions does not conform to statutory authority, the [director of the]

27-29 legislative counsel [bureau] shall so notify the agency.

27-30 3. After notification by the [director of the] legislative counsel [bureau]

27-31 of the legislative commission’s objection to the form, the agency may

27-32 revise the form to conform to statutory authority and resubmit it to the

27-33 legislative commission. The agency shall not use the form until it has

27-34 submitted a revised version to the legislative commission and the

27-35 commission has approved the form.

27-36 4. If the agency refuses to revise the form, it shall not use the form until

27-37 after the expiration of the first 30 days of the next regular session of the

27-38 legislature. Before the 30th day of the next regular session the legislature

27-39 may, by concurrent resolution, declare that the form must not be used. The

27-40 [director] legislative counsel shall thereupon notify the agency that it shall

27-41 not use the form. If the legislature has not so declared by the 30th day of

27-42 the session, the [director] legislative counsel shall promptly notify the

27-43 agency that it may use the form.

28-1 Sec. 50. NRS 353.090 is hereby amended to read as follows:

28-2 353.090 1. Except for claims against the legislative fund or for the

28-3 payment of the salaries of public officers, every claim for payment from the

28-4 state treasury pursuant to an appropriation or authorization by the

28-5 legislature must be presented to the state board of examiners for a

28-6 determination of its correctness. The state board of examiners may adopt

28-7 regulations providing for the use of sampling procedures and postaudit

28-8 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 of

28-11 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; and

28-14 (d) Is immediately available to this state through an automated federal

28-15 payment management system,

28-16 shall be deemed to be available for a claim for payment from the state

28-17 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 been

28-20 approved by the state board of examiners; or

28-21 (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 days

28-23 after its presentation to the board.

28-24 Sec. 51. NRS 353.211 is hereby amended to read as follows:

28-25 353.211 1. On or before October 15 of each even-numbered year, the

28-26 chief shall provide to the fiscal analysis division of the legislative counsel

28-27 bureau:

28-28 (a) Computerized budget files containing the actual data regarding

28-29 revenues and expenditures for the previous year;

28-30 (b) The work programs for the current year; and

28-31 (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 chief

28-33 shall provide to the fiscal analysis division:

28-34 (a) Each agency’s adjusted base budget by budgetary account for the

28-35 next 2 fiscal years; and

28-36 (b) An estimated range of the costs for:

28-37 (1) Continuing the operation of state government; and

28-38 (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 to

28-41 subsections 1 and 2 is open for public inspection.

29-1 [4. As soon as practicable after receipt of the material provided

29-2 pursuant to subsections 1 and 2, the fiscal analysis division shall provide a

29-3 synopsis of the information to the members of the budget subcommittee of

29-4 the legislative commission. The synopsis must include the levels of

29-5 requested expenditures of all of the departments, institutions and agencies,

29-6 major budgetary issues, approximate available revenues, historical data and

29-7 any other information the fiscal analysts deem appropriate.]

29-8 Sec. 52. NRS 353.230 is hereby amended to read as follows:

29-9 353.230 1. The chief shall review the estimates, altering, revising,

29-10 increasing or decreasing the items of the estimates as he may deem

29-11 necessary in view of the needs of the various departments, institutions and

29-12 agencies in the executive department of the state government and the total

29-13 anticipated income of the state government and of the various departments,

29-14 institutions and agencies of the executive department during the next fiscal

29-15 year. In performing the duties required by this subsection, the chief shall

29-16 use the projections and estimates prepared by the economic forum pursuant

29-17 to NRS 353.228.

29-18 2. The chief shall meet with a fiscal analyst of the legislative counsel

29-19 bureau or his designated representative and personnel of the various

29-20 departments, institutions and agencies of the executive department to

29-21 discuss:

29-22 (a) The budgetary requests of each department, institution and agency;

29-23 and

29-24 (b) The budgetary recommendations of the budget division for each

29-25 department, institution and agency,

29-26 for the next 2 fiscal years. The chief shall allow the fiscal analyst of the

29-27 legislative counsel bureau or his designated representative full access to all

29-28 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 it

29-31 to the governor. The final version of the proposed budget must include the

29-32 adjusted base budget for each department, institution and agency of the

29-33 executive department, the costs for continuing each program at the current

29-34 level of service and the costs, if any, for new programs, recommended

29-35 enhancements of existing programs or reductions for the departments,

29-36 institutions and agencies of the executive department for the next 2 fiscal

29-37 years. All projections of revenue and any other information concerning

29-38 future state revenue contained in the proposed budget must be based upon

29-39 the projections and estimates prepared by the economic forum pursuant to

29-40 NRS 353.228.

29-41 4. The governor shall , [transmit the proposed budget to the legislature]

29-42 not later than [the 10th day] 14 calendar days before the commencement

29-43 of the regular legislative session [.] , submit the proposed budget to the

30-1 director of the legislative counsel bureau for transmittal to the

30-2 legislature. The governor shall simultaneously submit, as a separate

30-3 document:

30-4 (a) An analysis of any new programs or enhancements of existing

30-5 programs being recommended; and

30-6 (b) Any increase in or new revenues which are being recommended in

30-7 the proposed budget.

30-8 The document must specify the total cost by department, institution or

30-9 agency of new programs or enhancements, but need not itemize the specific

30-10 costs. All projections of revenue and any other information concerning

30-11 future state revenue contained in the document must be based upon the

30-12 projections and estimates prepared by the economic forum pursuant to NRS

30-13 353.228.

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 for

30-16 each legislative measure which will be necessary to carry out the final

30-17 version of the proposed budget [.] or to carry out the governor’s

30-18 legislative agenda. These recommendations must contain sufficient

30-19 detailed information to enable the legislative counsel to prepare the

30-20 necessary legislative measures.

30-21 6. During the consideration of the general appropriation bill and any

30-22 special appropriation bills and bills authorizing budgeted expenditures by

30-23 the departments, institutions and agencies operating on money designated

30-24 for specific purposes by the constitution or otherwise, drafted at the request

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

30-26 with the proposed budget, the governor or his representative have the right

30-27 to appear before and be heard by the appropriation committees of the

30-28 legislature in connection with the appropriation bill or bills, and to render

30-29 any testimony, explanation or assistance required of him.

30-30 Sec. 53. This act becomes effective on July 1, 1999.

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