A.B. 602
Assembly Bill No. 602–Committee on Ways and Means
(On Behalf of Office of the Attorney General)
March 26, 2001
____________
Referred to Committee on Ways and Means
SUMMARY—Makes various changes to provisions governing powers and duties of attorney general. (BDR 18‑488)
FISCAL NOTE: Effect on Local Government: No.
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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).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 228 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 attorney general may, within the limits of available
1-4 money, employ such persons as he deems necessary to provide an
1-5 appropriate staff for the office of the attorney general and to carry out
1-6 the duties of the attorney general.
1-7 2. A person employed pursuant to this section:
1-8 (a) Is not in the classified or unclassified service of the state; and
1-9 (b) Serves at the pleasure of the attorney general.
1-10 3. The attorney general shall:
1-11 (a) Determine the salaries and benefits of the persons employed
1-12 pursuant to this section, within limits of money available for that
1-13 purpose; and
2-1 (b) Adopt such rules and policies as he deems appropriate to establish
2-2 the duties and employment rights of the persons employed pursuant to
2-3 this section.
2-4 Sec. 3. Notwithstanding the provisions of any other specific statute
2-5 to the contrary, the attorney general may:
2-6 1. Transfer not more than $25,000 between the budget accounts of
2-7 the office of the attorney general without first obtaining the approval of
2-8 the interim finance committee.
2-9 2. Contract for goods and services whose estimated value is not more
2-10 than $10,000 if notice of the contract is first provided to the state board
2-11 of examiners.
2-12 3. Contract for goods and services whose estimated value is greater
2-13 than $10,000 but not more than $25,000 if written approval for the
2-14 contract is first obtained from the chief of the budget division of the
2-15 department of administration.
2-16 Sec. 4. NRS 228.092 is hereby amended to read as follows:
2-17 228.092 1. The attorney general may appoint and employ an
2-18 administrative assistant .
2-19 2. The administrative assistant:
2-20 (a) Is not in the classified or unclassified service of this state.
2-21 (b) Is entitled to receive a salary determined pursuant to section 2 of
2-22 this act.
2-23 (c) Serves at the pleasure of the attorney general.
2-24 Sec. 5. NRS 228.320 is hereby amended to read as follows:
2-25 228.320 1. The attorney general shall appoint the consumer’s
2-26 advocate for a term of 4 years. The consumer’s advocate [is] :
2-27 (a) Is not in the classified or unclassified service of the state.
2-28 (b) Is entitled to receive a salary determined pursuant to section 2 of
2-29 this act.
2-30 2. The person appointed:
2-31 (a) Must be knowledgeable in the various areas of the regulation of
2-32 public utilities;
2-33 (b) Must be independent of and have no pecuniary interest in any utility
2-34 or industry regulated by the public utilities commission of Nevada;
2-35 (c) [Except as otherwise provided in NRS 284.143, shall] Shall devote
2-36 all of his time to the business of his office and shall not pursue any other
2-37 business or vocation or hold any other office of profit; and
2-38 (d) Must not be a member of any political convention or a member of
2-39 any committee of any political party.
2-40 [2.] 3. The attorney general may remove the consumer’s advocate
2-41 from office for inefficiency, neglect of duty or malfeasance in office.
2-42 Sec. 6. NRS 228.440 is hereby amended to read as follows:
2-43 228.440 1. The office of ombudsman for victims of domestic
2-44 violence is hereby created within the office of the attorney general.
2-45 2. The attorney general shall appoint a person to serve in the position
2-46 of ombudsman for a term of 4 years. The person so appointed:
2-47 (a) Must be knowledgeable about the legal and societal aspects of
2-48 domestic violence;
3-1 (b) Is not in the classified or unclassified service of the state; [and]
3-2 (c) Is entitled to receive a salary determined pursuant to section 2 of
3-3 this act; and
3-4 (d) Is not required to be an attorney.
3-5 3. The attorney general may remove the ombudsman from office for
3-6 inefficiency, neglect of duty or malfeasance in office.
3-7 Sec. 7. NRS 232.080 is hereby amended to read as follows:
3-8 232.080 The attorney general is the counsel and attorney for the
3-9 department. The attorney general shall designate one of his deputies to be
3-10 counsel and attorney for the department in all actions, proceedings and
3-11 hearings. The deputy so designated:
3-12 1. Is the legal adviser of the department in all matters relating to the
3-13 department and to the powers and duties of its officers.
3-14 2. Shall maintain his office in Carson City, Nevada, in an office
3-15 provided by the department.
3-16 3. Is not in the classified or unclassified service of the state . [pursuant
3-17 to subsection 5 of NRS 284.140.]
3-18 4. Is entitled to receive a salary determined pursuant to section 2 of
3-19 this act.
3-20 5. Serves at the pleasure of the attorney general.
3-21 Sec. 8. NRS 284.140 is hereby amended to read as follows:
3-22 284.140 [The] Except as otherwise provided in NRS 223.085 and
3-23 223.570, and section 2 of this act, the unclassified service of the state
3-24 consists of positions held by state officers or employees in the executive
3-25 department of the state government as follows:
3-26 1. Persons chosen by election or appointment to fill an elective office.
3-27 2. Members of boards and commissions, and heads of departments,
3-28 agencies and institutions required by law to be appointed.
3-29 3. At the discretion of the elective officer or head of each department,
3-30 agency or institution, one deputy and one chief assistant in each
3-31 department, agency or institution.
3-32 4. [Except as otherwise provided in NRS 223.085 and 223.570, all] All
3-33 persons required by law to be appointed by the governor or heads of
3-34 departments or agencies appointed by the governor or by boards.
3-35 5. All employees other than clerical in the office of [the attorney
3-36 general and] the state public defender who are required by law to be
3-37 appointed by [the attorney general or] the state public defender.
3-38 6. Except as otherwise provided by the board of regents of the
3-39 University of Nevada pursuant to NRS 396.251, officers and members of
3-40 the teaching staff and the staffs of the agricultural extension department
3-41 and experiment station of the University and Community College System
3-42 of Nevada, or any other state institution of learning, and student employees
3-43 of these institutions. Custodial, clerical or maintenance employees of these
3-44 institutions are in the classified service. The board of regents of the
3-45 University of Nevada shall assist the director in carrying out the provisions
3-46 of this chapter applicable to the University and Community College
3-47 System of Nevada.
3-48 7. Officers and members of the Nevada National Guard.
4-1 8. Persons engaged in public work for the state but employed by
4-2 contractors when the performance of the contract is authorized by the
4-3 legislature or another competent authority.
4-4 9. Patient and inmate help in state charitable, penal, mental and
4-5 correctional institutions.
4-6 10. Part-time professional personnel who are paid for any form of
4-7 medical, nursing or other professional service and who are not engaged in
4-8 the performance of administrative or substantially recurring duties.
4-9 11. All other officers and employees authorized by law to be employed
4-10 in the unclassified service.
4-11 Sec. 9. NRS 284.150 is hereby amended to read as follows:
4-12 284.150 1. [The] Except as otherwise provided by specific statute,
4-13 the classified service of the State of Nevada is comprised of all positions in
4-14 the public service now existing or hereafter created which are not included
4-15 in the unclassified service, and which provide services for any office,
4-16 department, board, commission, bureau, agency or institution in the
4-17 executive department of the state government operating by authority of the
4-18 constitution or law and supported in whole or in part by any public money,
4-19 whether the money is received from the Government of the United States
4-20 or any branch or agency thereof, or from private or any other sources.
4-21 2. Appointments in the classified service must be made according to
4-22 merit and fitness from eligible lists prepared upon the basis of examination,
4-23 which must be open and competitive, except as otherwise provided in this
4-24 chapter.
4-25 3. Except as otherwise provided in NRS 193.105 and 416.070, a
4-26 person must not be appointed, transferred, promoted, demoted or
4-27 discharged as an officer, clerk, employee or laborer in the classified service
4-28 in any manner or by any means other than those prescribed in this chapter
4-29 and the regulations adopted in accordance therewith.
4-30 4. A person must not be discriminated against on account of his
4-31 religious opinions or affiliations, race, sex, age or disability.
4-32 Sec. 10. NRS 408.172 is hereby amended to read as follows:
4-33 408.172 1. Subject to the approval of the board, the attorney general
4-34 shall, immediately upon request by the board, appoint an attorney at law as
4-35 the chief counsel of the department, and such assistant attorneys as are
4-36 necessary. Attorneys so appointed are deputy attorneys general.
4-37 2. The chief counsel shall act as the attorney and legal adviser of the
4-38 department in all actions, proceedings, hearings and all matters relating to
4-39 the department and to the powers and duties of its officers.
4-40 3. Under the direction of or in the absence of the chief counsel, the
4-41 assistant attorneys may perform any duty required or permitted by law to
4-42 be performed by the chief counsel.
4-43 4. The chief counsel and assistant attorneys [are] :
4-44 (a) Are not in the classified or unclassified service of the state.
4-45 (b) Are entitled to receive salaries determined pursuant to section 2 of
4-46 this act.
4-47 (c) Serve at the pleasure of the attorney general.
5-1 5. All contracts, instruments and documents executed by the
5-2 department must be first approved and endorsed as to legality and form by
5-3 the chief counsel.
5-4 Sec. 11. NRS 432.157 is hereby amended to read as follows:
5-5 432.157 1. The office of advocate for missing or exploited children
5-6 is hereby created within the office of the attorney general. The advocate for
5-7 missing or exploited children may be known as the children’s advocate.
5-8 2. The attorney general shall appoint the children’s advocate. The
5-9 children’s advocate [is] :
5-10 (a) Is not in the classified or unclassified service of the state.
5-11 (b) Is entitled to receive a salary determined pursuant to section 2 of
5-12 this act.
5-13 (c) Serves at the pleasure of the attorney general.
5-14 3. The children’s advocate:
5-15 (a) Must be an attorney licensed to practice law in this state;
5-16 (b) Shall advise and represent the clearinghouse on all matters
5-17 concerning missing or exploited children in this state; and
5-18 (c) Shall advocate the best interests of missing or exploited children
5-19 before any public or private body.
5-20 4. The children’s advocate may:
5-21 (a) Appear as an amicus curiae on behalf of missing or exploited
5-22 children in any court in this state;
5-23 (b) If requested, advise a political subdivision of this state concerning
5-24 its duty to protect missing or exploited children; and
5-25 (c) Recommend legislation concerning missing or exploited children.
5-26 5. Upon request by the children’s advocate, a district attorney or local
5-27 law enforcement agency in this state shall provide all information and
5-28 assistance necessary to assist the children’s advocate in carrying out the
5-29 provisions of this section.
5-30 Sec. 12. NRS 432.170 is hereby amended to read as follows:
5-31 432.170 1. The attorney general shall:
5-32 (a) Establish a program to coordinate activities and information in this
5-33 state concerning missing or exploited children; and
5-34 (b) Appoint a director to administer the provisions of the program.
5-35 2. The director [is] :
5-36 (a) Is not in the classified or unclassified service of the state.
5-37 (b) Is entitled to receive a salary determined pursuant to section 2 of
5-38 this act.
5-39 (c) Serves at the pleasure of the attorney general.
5-40 3. To assist the director in carrying out the provisions of NRS 432.150
5-41 to 432.220, inclusive, the attorney general may appoint such assistants or
5-42 investigators as deemed necessary by the attorney general.
5-43 [3.] 4. The director may:
5-44 (a) Assist any public or private school in establishing a program of
5-45 information about missing or exploited children by providing, free of
5-46 charge, materials, publications and instructional aids relating to:
5-47 (1) Offenses under federal and state law regarding missing or
5-48 exploited children and the abuse or neglect of children.
6-1 (2) Governmental and private agencies and programs for locating and
6-2 identifying missing or exploited children, preventing the abduction or
6-3 disappearance of children and preventing the abuse or neglect of children.
6-4 (3) Methods of preventing the abduction or disappearance of
6-5 children.
6-6 (4) Techniques for the investigation of cases involving missing or
6-7 exploited children.
6-8 (5) Any other issue involving missing or exploited children.
6-9 (b) Develop and maintain a system of information concerning missing
6-10 or exploited children, including information concerning public or private
6-11 resources which may be available to such children and their families.
6-12 (c) Accept gifts or donations on behalf of the clearinghouse which must
6-13 be accounted for separately and used by the director in carrying out the
6-14 provisions of NRS 432.150 to 432.220, inclusive.
6-15 (d) Enter into agreements with regional and national organizations for
6-16 assistance and exchange of information concerning missing or exploited
6-17 children.
6-18 (e) Assist in the investigation of children who are reported missing in
6-19 this state or who are reported abducted or taken from this state.
6-20 [4.] 5. The director may provide the materials, publications and
6-21 instructional aids identified in paragraph (a) of subsection [3] 4 to any
6-22 other person or governmental agency for a reasonable fee not to exceed the
6-23 cost of preparing the materials.
6-24 [5.] 6. The director shall, upon request, provide records regarding a
6-25 missing child to the state disaster identification team of the division of
6-26 emergency management of the department of motor vehicles and public
6-27 safety.
6-28 Sec. 13. This act becomes effective on July 1, 2001.
6-29 H