exempt

      (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 4–Committee on Ways and Means

 

Prefiled January 11, 2001

 

(On Behalf of Prison Industries (NRS 209.4813))

 

____________

 

Referred to Committee on Ways and Means

 

SUMMARY—Makes various changes concerning prison industries. (BDR 16‑680)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to prison industries; allowing money in the fund for new construction of facilities for prison industries to be used to expand existing industries; creating the committee on industrial programs; specifying the powers and duties of the committee on industrial programs; repealing the statutes creating and governing the advisory board on industrial programs; 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 209 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  The committee on industrial programs is hereby created.

1-4    2.  The committee on industrial programs consists of the director of

1-5  the department of prisons, the chief of the purchasing division of the

1-6  department of administration and eight members appointed by the

1-7  interim finance committee as follows:

1-8    (a) Two members of the senate.

1-9    (b) Two members of the assembly.

1-10    (c) Two persons who represent manufacturing in this state.

1-11    (d) One person who represents business in this state.

1-12    (e) One person who represents organized labor in this state.

1-13    3.  The members of the committee on industrial programs shall select

1-14  a chairman from among their membership.

1-15    4.  Each member of the committee on industrial programs appointed

1-16  by the interim finance committee must be appointed to a term of 2 years

1-17  and may be reappointed.

2-1    5.  Except during a regular or special session of the legislature, each

2-2  legislator who is a member of the committee on industrial programs is

2-3  entitled to receive the compensation provided for a majority of the

2-4  members of the legislature during the first 60 days of the preceding

2-5  regular session for each day or portion of a day during which he attends

2-6  a meeting of the committee on industrial programs or is otherwise

2-7  engaged in the work of the committee on industrial programs. Each

2-8  nonlegislative member appointed by the interim finance committee is

2-9  entitled to receive compensation for his service on the committee on

2-10  industrial programs in the same amount and manner as the legislative

2-11  members whether or not the legislature is in session. Each nonlegislative

2-12  member of the committee on industrial programs is entitled to receive the

2-13  per diem allowance and travel expenses provided for state officers and

2-14  employees generally. Each legislator who is a member of the committee

2-15  on industrial programs is entitled to receive the per diem allowance

2-16  provided for state officers and employees generally and the travel

2-17  expenses provided pursuant to NRS 218.2207. All compensation,

2-18  allowances and travel expenses must be paid from the fund for prison

2-19  industries.

2-20    Sec. 3.  1.  The committee on industrial programs shall:

2-21    (a) Be informed on issues and developments relating to industrial

2-22  programs for correctional institutions;

2-23    (b) Submit a semiannual report to the interim finance committee

2-24  before July 1 and December 1 of each year on the status of current and

2-25  proposed industrial programs for correctional institutions;

2-26    (c) Report to the legislature on any other matter relating to industrial

2-27  programs for correctional institutions that it deems appropriate;

2-28    (d) Meet at least quarterly and at the call of the chairman to review

2-29  the operation of current and proposed industrial programs;

2-30    (e) Recommend three persons to the director for appointment as the

2-31  assistant director for industrial programs whenever a vacancy exists;

2-32    (f) Before any new industrial program is established by the director in

2-33  an institution of the department, review the proposed program for

2-34  compliance with the requirements of subsections 2, 3 and 4 of NRS

2-35  209.461 and submit to the director its recommendations concerning the

2-36  proposed program; and

2-37    (g) Review each industry program established pursuant to subsection

2-38  2 of NRS 209.461 to determine whether the program is operating

2-39  profitably within 3 years after its establishment. If the committee on

2-40  industrial programs determines that a program is not operating

2-41  profitably within 3 years after its establishment, the committee on

2-42  industrial programs shall report its finding to the director with a

2-43  recommendation regarding whether the program should be continued or

2-44  terminated.

2-45    2.  Upon the request of the committee on industrial programs, the

2-46  director and the assistant director for industrial programs shall provide

2-47  to the committee on industrial programs any information the committee

2-48  on industrial programs determines is relevant to the performance of the

2-49  duties of the committee on industrial programs.

3-1    Sec. 4.  NRS 209.011 is hereby amended to read as follows:

3-2    209.011  As used in this chapter, unless the context otherwise requires,

3-3  the terms defined in NRS [209.015] 209.021 to 209.085, inclusive, have

3-4  the meanings ascribed to them in those sections.

3-5    Sec. 5.  NRS 209.192 is hereby amended to read as follows:

3-6    209.192  1.  There is hereby created in the state treasury a fund for

3-7  new construction of facilities for prison industries as a fund for

3-8  construction of capital projects. The director shall deposit in the fund the

3-9  deductions made pursuant to paragraph (c) of subsection 1 or paragraph (b)

3-10  of subsection 2 of NRS 209.463. The money in the fund must only be

3-11  expended to house new industries or expand existing industries in the

3-12  industrial program [which will] to provide additional employment of

3-13  offenders. The money in the fund must not be expended for relocating an

3-14  existing industry in the industrial program[.] unless the existing industry

3-15  is being expanded to provide additional employment of offenders.

3-16    2.  Before money in the fund may be expended for construction, the

3-17  director shall submit a proposal for the expenditure to the state board of

3-18  examiners. Upon making a determination that the proposed expenditure is

3-19  appropriate and necessary, the state board of examiners shall recommend

3-20  to the interim finance committee, or the senate standing committee on

3-21  finance and the assembly standing committee on ways and means when the

3-22  legislature is in general session, that the expenditure be approved. Upon

3-23  approval of the appropriate committee or committees, the money may be so

3-24  expended.

3-25    3.  The interest and income earned on the money in the fund, after

3-26  deducting any applicable charges, must be credited to the fund.

3-27    Sec. 6.  NRS 209.459 is hereby amended to read as follows:

3-28    209.459  The director shall present the recommendations of the

3-29  [advisory board] committee on industrial programs to the board of state

3-30  prison commissioners and, with the approval of the board of state prison

3-31  commissioners, establish and carry out a program for the employment of

3-32  offenders in services and manufacturing conducted by institutions of the

3-33  department or by private employers.

3-34    Sec. 7.  NRS 209.015, 209.4813 and 209.4814 are hereby repealed.

3-35    Sec. 8.  This act becomes effective upon passage and approval.

 

3-36  TEXT OF REPEALED SECTIONS

 

3-37    209.015  “Advisory board” defined. “Advisory board” means the

3-38   advisory board on industrial programs.

3-39     209.4813  Advisory board on industrial programs: Creation;

3-40   members; chairman; term of appointed members; payment of

3-41   compensation, allowances and travel expenses.

3-42    1.  The advisory board on industrial programs is hereby created.

3-43    2.  The advisory board consists of the director of the department of

3-44   prisons, the chief of the purchasing division of the department of

4-1  administration and eight members appointed by the interim finance

4-2  committee as follows:

4-3    (a) Two members of the senate.

4-4    (b) Two members of the assembly.

4-5    (c) Two persons who represent manufacturing in this state.

4-6    (d) One person who represents business in this state.

4-7    (e) One person who represents organized labor in this state.

4-8    3.  The members of the advisory board shall select a chairman from

4-9   among their membership.

4-10    4.  Each member of the advisory board appointed by the interim

4-11   finance committee must be appointed to a term of 2 years and may be

4-12   reappointed.

4-13    5.  Except during a regular or special session of the legislature, each

4-14   legislator who is a member of the advisory board is entitled to receive the

4-15   compensation provided for a majority of the members of the legislature

4-16   during the first 60 days of the preceding regular session for each day or

4-17   portion of a day during which he attends a meeting of the advisory board

4-18   or is otherwise engaged in the work of the advisory board. Each

4-19   nonlegislative member appointed by the interim finance committee is

4-20   entitled to receive compensation for his service on the advisory board in

4-21   the same amount and manner as the legislative members whether or not

4-22   the legislature is in session. Each nonlegislative member of the advisory

4-23   board is entitled to receive the per diem allowance and travel expenses

4-24   provided for state officers and employees generally. Each legislator who is

4-25   a member of the advisory board is entitled to receive the per diem

4-26   allowance provided for state officers and employees generally and the

4-27   travel expenses provided pursuant to NRS 218.2207. All compensation,

4-28   allowances and travel expenses must be paid from the fund for prison

4-29   industries.

4-30     209.4814  Advisory board on industrial programs: Duties. The

4-31   advisory board shall:

4-32    1.  Be informed on issues and developments relating to industrial

4-33   programs for correctional institutions;

4-34    2.  Submit a semiannual report to the interim finance committee before

4-35   July 1 and December 1 of each year on the status of current and proposed

4-36   industrial programs for correctional institutions;

4-37    3.  Report to the legislature on any other matter relating to industrial

4-38   programs for correctional institutions which it deems appropriate;

4-39    4.  Meet at least quarterly and at the call of the chairman to review the

4-40   operation of current and proposed industrial programs;

4-41    5.  Recommend three persons to the director for appointment as the

4-42   assistant director for industrial programs whenever a vacancy exists;

4-43    6.  Before any new industrial program is established by the director in

4-44   an institution of the department, review the proposed program for

4-45   compliance with the requirements of subsections 2, 3 and 4 of NRS

4-46   209.461 and submit to the director its recommendations concerning the

4-47   proposed program; and

4-48    7.  Review each industry program established pursuant to subsection 2

4-49   of NRS 209.461 to determine whether the program is operating profitably

4-50   within 3 years after its establishment. If the advisory board determines that

5-1  a program is not operating profitably within 3 years after its establishment,

5-2  the advisory board shall report its finding to the director with

5-3   recommendation regarding whether the program should be continued or

5-4   terminated.

 

5-5  H