SB160

Senate Bill No. 160–Senators Rhoads, Raggio, Washington, O’Connell, Jacobsen, Amodei, Care, James, Mathews, McGinness, Neal, O’Donnell, Porter, Rawson, Schneider, Shaffer, Townsend and Wiener

February 10, 1999

____________

Referred to Committee on Government Affairs

SUMMARY—Requires certain appointments by governor to be confirmed by senate. (BDR 18-98)

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 appointments; requiring certain appointments by the governor to be confirmed by a majority vote of the senate; 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. NRS 223.190 is hereby amended to read as follows:

1-2 223.190 1. Except as otherwise provided in subsection 2, the

1-3 appointment by the governor of a person to any of the following offices

1-4 or positions must first be confirmed by a majority vote of the senate:

1-5 (a) The director of the department of business and industry;

1-6 (b) The director of the state department of conservation and natural

1-7 resources;

1-8 (c) The director of the department of human resources;

1-9 (d) The director of the department of motor vehicles and public safety;

1-10 (e) The director of the department of prisons;

1-11 (f) The executive director of the department of taxation;

1-12 (g) The members of the state gaming control board;

1-13 (h) The members of the state board of parole commissioners;

1-14 (i) The commissioners of the public utilities commission of Nevada;

1-15 and

1-16 (j) The chairman of the Nevada gaming commission.

2-1 2. If the governor appoints a person during the recess of the

2-2 legislature to an office or position set forth in subsection 1, the

2-3 appointment must be confirmed or rejected by the senate at the next

2-4 regular session of the legislature, unless the appointment expires before

2-5 that time.

2-6 3. At the earliest day practicable, the governor shall [~~lay before]~~

2-7 submit to the legislature a written statement of all appointments made by

2-8 him to fill vacancies in office since the preceding session [.] of the

2-9 legislature.

2-10 4. A person whom the governor appoints to an office or position set

2-11 forth in subsection 1 may perform and shall begin to discharge the duties

2-12 of his office immediately upon appointment by the governor, subject to

2-13 confirmation or rejection by the senate.

2-14 5. The senate shall not confirm or reject an appointment until a

2-15 recommendation concerning the appointment is received from a joint

2-16 meeting of the standing committees of the senate and assembly having

2-17 jurisdiction of the subject matter of the appointment. The

2-18 recommendation must be approved by a majority vote of each standing

2-19 committee before it is forwarded to the senate.

2-20 6. If a person appointed by the governor to an office or position set

2-21 forth in subsection 1 is rejected by a vote of the senate, the office or

2-22 position to which the person was appointed becomes vacant immediately.

2-23 7. If a person appointed or proposed for appointment by the

2-24 governor to an office or position set forth in subsection 1 is rejected by a

2-25 vote of the senate, the governor may not appoint or propose for

2-26 appointment that person to any other office or position set forth in

2-27 subsection 1 before the beginning of the next regular session of the

2-28 legislature.

2-29 Sec. 2. This act becomes effective on January 1, 2000.