Senate Bill No. 399–Committee on Finance

March 12, 1999

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Referred to Committee on Finance

 

SUMMARY—Establishes legislative committee on correctional institutions. (BDR 17-1662)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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 a legislative committee on correctional institutions and providing its duties; 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 7, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 7, inclusive, of this act, "committee"

1-4 means the legislative committee on correctional institutions.

1-5 Sec. 3. 1. There is hereby established a legislative committee on

1-6 correctional institutions consisting of seven legislative members and five

1-7 ex officio, nonvoting members. The membership of the committee

1-8 consists of:

1-9 (a) Three members of the senate standing committee on finance,

1-10 appointed by the majority leader of the senate;

1-11 (b) Four members of the assembly standing committee on ways and

1-12 means, appointed by the speaker of the assembly; and

1-13 (c) The following ex officio, nonvoting members:

1-14 (1) The director of the department of prisons;

1-15 (2) The medical director of the department of prisons;

1-16 (3) The director of the department of administration;

1-17 (4) The state forester firewarden, or a person designated by him

1-18 who has responsibility within the division of forestry of the state

1-19 department of conservation and natural resources for the program of

1-20 conservation camps established pursuant to chapter 209 of NRS; and

2-1 (5) The assistant director for industrial programs within the

2-2 department of prisons.

2-3 2. The legislative members of the committee shall select a chairman

2-4 from one house of the legislature and a vice chairman from the other.

2-5 After the initial selection of a chairman and a vice chairman, each such

2-6 officer shall hold office for a term of 2 years commencing on July 1 of

2-7 each odd-numbered year. If a vacancy occurs in the chairmanship or

2-8 vice chairmanship, the legislative members of the committee shall select

2-9 a replacement for the remainder of the unexpired term.

2-10 3. Any legislative member of the committee who is not a candidate

2-11 for reelection or who is defeated for reelection continues to serve until

2-12 the convening of the next regular session of the legislature.

2-13 4. Vacancies on the committee must be filled in the same manner as

2-14 original appointments.

2-15 Sec. 4. 1. The members of the committee shall meet throughout

2-16 each year at the times and places specified by a call of the chairman or a

2-17 majority of the legislative members of the committee. The director of the

2-18 legislative counsel bureau or a person he has designated shall act as the

2-19 nonvoting recording secretary of the committee. Four legislative

2-20 members of the committee constitute a quorum, and a quorum may

2-21 exercise all the power and authority conferred on the committee.

2-22 2. Except during a regular or special session of the legislature, the

2-23 legislative members of the committee are entitled to receive the

2-24 compensation provided for a majority of the members of the legislature

2-25 during the first 60 days of the preceding regular session of the

2-26 legislature, the per diem allowance provided for state officers and

2-27 employees generally and the travel expenses provided pursuant to NRS

2-28 218.2207 for each day of attendance at a meeting of the committee and

2-29 while engaged in the business of the committee. Per diem allowances,

2-30 compensation and travel expenses of the legislative members of the

2-31 committee must be paid from the legislative fund.

2-32 3. The ex officio, nonvoting members of the committee are entitled to

2-33 receive the subsistence allowances and travel expenses provided by law

2-34 for their respective positions for each day of attendance at a meeting of

2-35 the committee and while engaged in the business of the committee, to be

2-36 paid by the respective agencies by which they are employed.

2-37 Sec. 5. 1. The committee may:

2-38 (a) Review and comment on any program, and any administrative

2-39 policy, rule or regulation, of the correctional institutions in this state;

2-40 (b) Conduct investigations and hold hearings in connection with its

2-41 review, including, without limitation, investigating the effect of those

3-1 programs, policies, rules, regulations and related laws on this state and

3-2 the residents of this state, and on persons incarcerated in correctional

3-3 institutions in this state;

3-4 (c) Direct the legislative counsel bureau to assist in its research,

3-5 investigations, review and comment;

3-6 (d) Recommend to the legislature as a result of its review any

3-7 appropriate state legislation; and

3-8 (e) Apply for any available grants and accept any gifts, grants or

3-9 donations to aid the committee in carrying out its duties.

3-10 2. The advisory board on industrial programs shall report to the

3-11 committee on a regular basis, as directed by the committee.

3-12 Sec. 6. 1. In conducting the investigations and hearings of the

3-13 committee:

3-14 (a) The secretary of the committee, or in his absence any member of

3-15 the committee, may administer oaths.

3-16 (b) The secretary or chairman of the committee may cause the

3-17 deposition of witnesses, residing either within or without this state, to be

3-18 taken in the manner prescribed by rule of court for taking depositions in

3-19 civil actions in the district courts.

3-20 (c) The secretary or chairman of the committee may issue subpoenas

3-21 to compel the attendance of witnesses and the production of books and

3-22 papers.

3-23 2. If any witness refuses to attend or testify or produce any books and

3-24 papers as required by the subpoena, the secretary or chairman of the

3-25 committee may report to the district court by petition, setting forth that:

3-26 (a) Due notice has been given of the time and place of attendance of

3-27 the witness or the production of the books and papers;

3-28 (b) The witness has been subpoenaed by the committee pursuant to

3-29 this section; and

3-30 (c) The witness has failed or refused to attend or produce the books

3-31 and papers required by the subpoena before the committee that is named

3-32 in the subpoena, or has refused to answer questions propounded to
3-33 him,

3-34 and asking for an order of the court compelling the witness to attend and

3-35 testify or produce the books and papers before the committee.

3-36 3. Upon such petition, the court shall enter an order directing the

3-37 witness to appear before the court at a time and place to be fixed by the

3-38 court in its order, the time to be not more than 10 days after the date of

3-39 the order, and then and there show cause why he has not attended or

3-40 testified or produced the books or papers before the committee. A

3-41 certified copy of the order must be served upon the witness.

4-1 4. If it appears to the court that the subpoena was regularly issued by

4-2 the committee, the court shall enter an order that the witness appear

4-3 before the committee at the time and place fixed in the order and testify

4-4 or produce the required books or papers, and upon failure to obey the

4-5 order the witness shall be dealt with as for contempt of court.

4-6 Sec. 7. Each witness who appears before the committee by its order,

4-7 except a state officer or employee, is entitled to receive for his attendance

4-8 the fees and mileage provided for witnesses in civil cases in the courts of

4-9 record of this state. The fees and mileage must be audited and paid upon

4-10 the presentation of proper claims sworn to by the witness and approved

4-11 by the secretary and chairman of the committee.

4-12 Sec. 8. This act becomes effective on July 1, 1999.

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