SB570_EN

Senate Bill No. 570–Committee on Legislative
Affairs and Operations

CHAPTER..........

AN ACT relating to the legislature; making various changes relating to the legislature and the legislative counsel bureau; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The legislative counsel bureau may contract for the establishment of an on-site child care facility for children of employees of the legislative branch of government. No money appropriated to the legislative fund or the legislative counsel bureau may be used to pay the cost of establishing and operating the facility.

2. All employees of the child-care facility shall be deemed employees of the state for the purposes of NRS 41.0305 to 41.039, inclusive.

3. The legislative counsel bureau may use the property described in NRS 331.135 for a child-care facility established pursuant to this section.

4. As used in this section, “on-site child care facility” has the meaning ascribed to it in NRS 432A.0275.

Sec. 2. NRS 218.2423 is hereby amended to read as follows:

218.2423 1. Each:

(a) Incumbent assemblyman may request the drafting of not more than 5

legislative measures submitted to the legislative counsel on or before

September 1 preceding the commencement of a regular session of the

legislature and not more than 5 legislative measures submitted to the

legislative counsel [on or] after September 1 but on or before December

15 preceding the commencement of a regular session of the legislature.

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

legislative measures submitted to the legislative counsel on or before

September 1 preceding the commencement of a regular session of the

legislature and not more than 10 legislative measures submitted to the

legislative counsel [on or] after September 1 but on or before December

15 preceding the commencement of a regular session of the legislature.

than 5 legislative measures submitted to the legislative counsel on or

before December 15 preceding the commencement of a regular session of

the legislature.

(d) Newly elected senator may request the drafting of not more than 10

legislative measures submitted to the legislative counsel on or before

December 15 preceding the commencement of a regular session of the

legislature.

2. In addition to the number authorized pursuant to subsection 1:

(a) The chairman of each standing committee of the immediately

preceding regular legislative session, or a person designated in the place of

the chairman by the speaker of the assembly or the majority leader of the

senate, as the case may be, may request before the commencement of the

next regular legislative session the drafting of not more than 1 legislative

measure for introduction by the committee in a subject within the

jurisdiction of the committee for every 15 legislative measures that were

referred to the respective standing committee during the immediately

preceding regular legislative session.

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

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

designated in the place of a chairman by the person designated as the

speaker of the assembly or majority leader of the senate for the next

regular legislative session, may request before the commencement of the

next regular legislative session the drafting of the remaining number of the

legislative measures allowed for the respective standing committee that

were not requested by the previous chairman or designee.

Sec. 3. NRS 218.2426 is hereby amended to read as follows:

218.2426 1. In addition to the number authorized pursuant to

NRS 218.2423:

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

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

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

session.

(b) The minority leader of the assembly and the minority leader of the

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

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

for that session.

assembly, the majority leader of the senate, the minority leader of the

assembly or the minority leader of the senate for the next regular

legislative session may request the drafting of the remaining number of the

legislative measures allowed for the respective officer that were not

requested by the previous officer.

2. The legislative counsel, the secretary of the senate and the chief

clerk of the assembly may request before or during a regular legislative

session, without limitation, the drafting of as many legislative measures as

are necessary or convenient for the proper exercise of their duties.

Sec. 4. NRS 218.2429 is hereby amended to read as follows:

218.2429 1. The chairman of the legislative commission may request

the drafting of not more than 15 legislative measures before the

commencement of a regular legislative session, with the approval of the

commission, which relate to the affairs of the legislature or its employees,

including measures requested by the legislative staff.

2. The chairman of the interim finance committee may request the

drafting of not more than 10 legislative measures before the

commencement of a regular legislative session, with the approval of the

committee, which relate to matters within the scope of the committee.

3. Except as otherwise provided by specific statute or concurrent

resolution of the legislature:

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

drafting of not more than 10 legislative measures [before the

commencement of a regular legislative session,] which relate to matters

within the scope of the committee.

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

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

more than [10] 5 legislative measures [before the commencement of a

regular legislative session,] which relate to matters within the scope of the

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

drafting of additional legislative measures before the commencement of a

regular legislative session if the legislative commission approves each

additional request by a majority vote.

an interim legislative study may request the drafting of not more than

[10] 5 legislative measures [before the commencement of a regular

legislative session,] which relate to matters within the scope of the study.

Except as otherwise provided in NRS 218.635, measures authorized to be

requested pursuant to this subsection must be submitted to the legislative

counsel on or before September 1 preceding the commencement of a

regular session of the legislature unless the legislative commission

authorizes submitting a request after that date.

Sec. 5. NRS 218.245 is hereby amended to read as follows:

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

legislative counsel and the legal division of the legislative counsel bureau

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

agency or officer of the executive branch of the state government or for a

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

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

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

transmitted to the legislative counsel on or before September 1 preceding

the convening of the session.

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

legislative counsel pursuant to subsection 3 or 4 of NRS 218.2455 by the

board of regents of the University of Nevada, lieutenant governor,

secretary of state, attorney general, state controller or state treasurer

without the approval of the governor or a designated member of his staff.

3. After November 1, preceding a legislative session, the legislative

counsel and the legal division of the legislative counsel bureau shall give

full priority to the preparation of proposed legislation requested by

members of the legislature.

4. The legislative counsel and the legal division of the legislative

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

proposed legislation during any regular session of the legislature except as

authorized by statute or joint rule of the legislature.

5. An agency or officer of the executive branch of the state

government or a county, school district or city, shall not request a

legislator to have legislation drafted on its behalf. The legislative

commission, when the legislature is not in session, or a standing

committee which has jurisdiction of the subject matter when the

legislature is in session, may, if it finds that exceptional circumstances so

warrant, authorize the drafting of legislation requested after the time

limited by subsection 1 of this section and subsection 1, 3 or 4 of NRS

218.2455.

Sec. 6. NRS 218.2455 is hereby amended to read as follows:

218.2455 1. The governor or his designated representative may

transmit to the legislative counsel on or before September 1 preceding a

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

legislative measures approved on behalf of state agencies, boards and

departments of the executive branch of state government pursuant to

subsection 1 of NRS 218.245.

2. The department of administration may request on or before the 19th

day of the legislative session, without limitation, the drafting of as many

legislative measures as are necessary to implement the budget proposed by

the governor and to provide for the fiscal management of the state.

3. The following constitutional officers may request the drafting of not

more than the following numbers of legislative measures on or before

September 1 preceding a regular legislative session:

Lieutenant governor........................................... 2

Secretary of state.............................................. 8

State treasurer................................................... 5

State controller.................................................. 5

Attorney general.............................................. 25

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

drafting of not more than 5 legislative measures on behalf of the

University and Community College System of Nevada on or before

September 1 preceding a regular legislative session.

Sec. 7. NRS 218.272 is hereby amended to read as follows:

218.272 1. Except as otherwise provided in subsection 4, the fiscal

analysis division shall obtain a fiscal note on:

(a) [Any bill which makes an appropriation or increases any existing

appropriation;

(b)] Any bill or joint resolution which creates or increases any fiscal

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

and

[(c)] (b) Any bill or joint resolution which increases or newly provides

for a term of imprisonment in the state prison or makes release on parole

or probation from the state prison less likely,

before a vote is taken on such a bill or joint resolution by a committee of

the assembly or the senate.

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

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

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

such changes in future biennia.

3. Except as otherwise provided in NRS 218.272 to 218.2758,

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

must be made by the affected agency [receiving the appropriation or

collecting the revenue.] or agencies.

4. The fiscal note is not required on any bill or joint resolution relating

exclusively to the proposed executive budget.

Sec. 8. NRS 218.275 is hereby amended to read as follows:

218.275 1. The name of the agency preparing the fiscal note must

appear [at the end thereof] on a fiscal note with the signature of the

official of the agency who is primarily responsible for preparing the note.

2. The department of administration shall review the fiscal notes

prepared by the agencies before such notes are returned to the legislature.

If the department of administration disagrees with a fiscal note prepared by

the agency, it may submit a supplementary fiscal note for the bill or joint

resolution.

Sec. 9. NRS 218.2752 is hereby amended to read as follows:

218.2752 Whenever a bill or joint resolution is submitted to an agency

for a fiscal note, the agency shall prepare the note and return it to the fiscal

analysis division within 5 working days. The fiscal analysis division may

extend the period for not more than 10 additional working days if the

matter requires extended research.

Sec. 10. NRS 218.2755 is hereby amended to read as follows:

218.2755 [1.] After a bill or joint resolution has been drafted, the

fiscal analysis division shall inform the requester that a fiscal note is

required when the draft is submitted to the requester for review. If the

requester so directs, the fiscal analysis division shall promptly determine

the agency to which the bill or joint resolution should be submitted and

shall submit it for a fiscal note. If the requester is a legislator and desires

to introduce the bill or joint resolution without a fiscal note, he may do so,

but when the bill is introduced, the fiscal analysis division shall promptly

determine the agency to which the bill or joint resolution is to be

submitted and shall forward it to the agency to obtain the fiscal note.

[2. The agency shall prepare the note in quadruplicate and return it

within the required time to the fiscal analysis division.]

Sec. 11. NRS 218.2756 is hereby amended to read as follows:

218.2756 1. [If the fiscal note is obtained before the bill or joint

resolution is introduced the fiscal analysis division shall submit a copy of

the note to the requester. If the requester desires to introduce the bill or

joint resolution the legislative counsel shall attach a duplicate copy of the

note to the bill or joint resolution and shall prepare the bill or joint

resolution for introduction.] The original, signed copy of [the] a fiscal note

that is obtained before a bill or joint resolution is introduced must be

retained by the fiscal analysis division to be used as printer’s copy after

the bill or joint resolution is introduced.

2. If the fiscal note is obtained after the bill or joint resolution has been

introduced, the fiscal analysis division shall forward a [duplicate copy of

the note to the chief clerk of the assembly or the secretary of the senate

and shall forward the original,] signed copy to the superintendent of the

state printing division of the department of administration for the purposes

of printing.

3. The [triplicate copy of the] original fiscal note must be retained by

the fiscal analysis division.

4. The fiscal analysis division shall send a copy of the fiscal note to the

chairman of the standing committee or committees to which the bill or

joint resolution has been referred.

Sec. 12. NRS 218.5327 is hereby amended to read as follows:

218.5327 If any witness neglects or refuses to obey a subpoena, or

after appearing neglects or refuses to testify as to any relevant matter, or to

produce upon reasonable notice any relevant evidence, if the evidence is in

his possession or under his control, he has committed a contempt. The

district court of any county, or the judge thereof, shall, on application of

the president of the senate, speaker of the assembly or chairman of the

committee, as the case may be, compel obedience by proceedings for

contempt, as in the case of disobedience of the requirements of a

subpoena issued from such court or a refusal to testify therein.

Sec. 13. NRS 218.610 is hereby amended to read as follows:

218.610 As used in NRS 218.610 to 218.735, inclusive, and section 1

of this act, “agency of the state” includes all offices, departments, boards,

commissions and institutions of the state.

Sec. 14. NRS 284.3775 is hereby amended to read as follows:

284.3775 1. Except as otherwise provided in this section, employees

of the supreme court, employees in the unclassified service of the

executive branch of the government of the State of Nevada, or employees

of the legislative branch of the government of the State of Nevada who

have served for 4 consecutive months or more are entitled to transfer to a

position having similar duties and compensation in the classified service

of the state on the same basis as employees may transfer within the

classified service from a position under one appointing authority to a

position under another appointing authority. The benefit conferred by this

subsection includes any exemption from the taking of a competitive

examination, retention of credits for annual and sick leave and longevity,

and priority on the lists of eligible persons to the extent that such

privileges are accorded to employees transferring within the classified

service.

2. Except as otherwise provided in subsection 4, the benefits conferred

by subsection 1 do not apply to an employee in the unclassified service

who is the chief officer of a department or division.

3. Except as otherwise provided in this subsection and subsection 4, a

person may not transfer pursuant to subsection 1 to a class composed of:

(a) Professionally qualified persons; or

(b) Officers and administrators who set broad policies and exercise

responsibility for the execution of those policies.

A person may transfer to a class described in paragraph (a) or (b) if that

class is provided for pursuant to subsection 2 of NRS 284.155.

4. The restrictions provided in subsections 2 and 3 do not apply to an

employee of the supreme court, an employee in the unclassified service of

the executive branch of government or an employee of the legislative

branch of government whose appointment to that position was

immediately preceded by an appointment in the classified service, except

that such an employee may only transfer to a position in the classified

service that has duties and compensation that are similar either to his

current position or to a position he previously held in the classified

service.

5. An employee in the classified service of the state who is granted

leave without pay to accept a position in the legislative branch of

government during a regular or special session:

(a) Is entitled to be restored to his previous position in the classified

service upon the completion of the legislative session without loss of

seniority or benefits. Seniority must be calculated as if he had not taken

the leave.

(b) Is eligible to fill vacancies in positions within the classified service

to the extent that he would be eligible if he was not on leave from his

position in the classified service.

6. An employee of the legislative branch of the government of the

State of Nevada who is employed at the conclusion of a regular session of

the legislature and is eligible at that time pursuant to subsection 1 to

transfer to a position having similar duties and compensation in the

classified service of the state may transfer to such a position on or before

November 1 following session notwithstanding the termination of his

employment with the legislative branch of government before that date.

For the purposes of this section, the weekly compensation of a person

paid a daily salary during a legislative session is seven times the daily

salary.

Sec. 15. NRS 331.135 is hereby amended to read as follows:

331.135 1. The legislature reserves the supervision and control, both

during and between legislative sessions, of:

(a) The entire legislative building, including its chambers, offices and

other rooms, and its furnishings and equipment.

(b) A portion of the parcel of land bounded on the west by Carson

Street, on the south by Fifth Street, on the east by Fall Street, and on the

north by the sidewalk along the south fence of the capitol grounds, situated

in a portion of the Capitol Complex, as shown on the Record of Survey

Map No. 297, Official Records of Carson City, Nevada, File No. 3043,

section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as

follows:

Beginning at the southwest corner of block 36, Sears Thompson

Sears Division, as shown on that record of survey;

Thence N 89°52¢32² E, a distance of 443.93 feet;

Thence N 00°12¢15² E, a distance of 302.14 feet;

Thence N 44°47¢45² W, a distance of 189.88 feet to the north side

of an existing sidewalk;

Thence N 89°39¢33² W, along that sidewalk, a distance of 97.13

feet to the east side of an existing sidewalk;

Thence N 00°14¢26² E, along that sidewalk, a distance of 270.00

feet, more or less, to the north line of a sidewalk;

Thence N 89°47¢45² W, along that sidewalk, a distance of 212.50

feet, to the east right-of-way line of Carson Street;

Thence S 00°13¢08² W, along that line, a distance of 709.40 feet,

more or less, to the true point of beginning.

Containing 5.572 acres, more or less.

south by Sixth Street, on the east by Stewart Street and on the west by

Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge

Addition; and that portion of Fall Street between Fifth Street and Sixth

Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item

9 M-89/90-10. Also the entire parcel of land bounded on the north by the

south boundary line of block 2, Pierson and Goodridge Addition, on the

south by Seventh Street, on the east by Stewart Street and on the west by

Fall Street, and further described as block 7, Pierson and Goodridge

Addition.

(d) The entire parcel of land bounded on the north by Sixth Street, on

the south by Seventh Street, on the east by Fall Street, and on the west by

Plaza Street, also described as block 6, Pierson and Goodridge Addition.

(e) The entire parcel of land bounded on the north by Fourth Street, on

the west by Stewart Street, on the south by Fifth Street, and on the east by

the abandoned right of way of Valley Street, also described as block 39 of

Sears Thompson Sears Division of Carson City; and the west 30.00 feet of

the abandoned right of way of Valley Street abutting block 39 of Sears

Thompson Sears Division. Excepting therefrom that portion of Stewart

and Fifth Streets deeded to the State of Nevada through its department of

transportation as recorded in book 283, page 208, of Deeds, Carson City,

Nevada.

[(e)] (f) Any other property acquired for the use of the legislature or its

staff.

2. The director of the legislative counsel bureau:

(a) Shall provide an individual office for each legislator whose position

as an officer or as a chairman of a committee does not otherwise entitle

him to occupy an assigned office.

(b) May assign the use of space in the legislative building or other

legislative facilities or on the legislative grounds in such a manner as the

legislative commission prescribes.

3. The director of the legislative counsel bureau shall cause the

legislative building, chambers and grounds and other legislative facilities

to be kept in good repair, clean, orderly and presentable as befits public

property and the dignity of the legislature. For this purpose he may, in

addition to his general power to employ or contract for the services of

personnel, contract with any private enterprise or governmental agency for

the provision of appropriate services.

Sec. 16. NRS 345.025 is hereby amended to read as follows:

345.025 Within the limits of legislative appropriations, specifically

made for such purpose, the director of the legislative counsel bureau may

contract with a private printing firm for the reproduction by printing or

other reproductive process of volumes of Nevada Reports or Statutes of

Nevada which are out of print or of limited supply in the office of the

legislative counsel bureau if the price quoted by the firm for such services

is lower than the price quoted by the superintendent of the state printing

division of the department of administration. Such reproduced volumes

may be bound so as to contain one or more volumes of the original

Nevada Reports or Statutes of Nevada and must be sold to the public at

the prices established pursuant to NRS 345.050. The proceeds of such

sales must be deposited by the director of the legislative counsel bureau

with the state treasurer for credit to the state general fund.

Sec. 17. NRS 218.248 is hereby repealed.

Sec. 18. 1. The legislative commission shall review each legislative

committee created by statute to determine whether:

(a) There is a need to continue the existence of the committee;

(b) The committee should be eliminated; or

date.

The legislative commission shall conduct the review without appointing a

subcommittee.

2. The legislative commission shall report the results of its review and

any recommendations for legislation to the 72nd session of the Nevada

legislature.

Sec. 19. This act becomes effective upon passage and approval.

²⁰~~~~~⁰¹