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Assembly Bill No. 542–Committee on Elections, Procedures, and Ethics

 

April 7, 2003

____________

 

Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes relating to operation of Legislature and Legislative Counsel Bureau. (BDR 17‑1024)

 

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 the Legislature; making various changes relating to the operation of 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:

 

1-1  Section 1. NRS 218.2405 is hereby amended to read as

1-2  follows:

1-3  218.2405  1.  Except as otherwise provided by specific statute

1-4  , joint rule or concurrent resolution of the Legislature, the

1-5  Legislative Counsel shall honor:

1-6  (a) The number of requests for the drafting of a bill or resolution

1-7  for a regular session of the Legislature only as provided in NRS

1-8  218.240 to 218.255, inclusive.

1-9  (b) [A request for the drafting of a bill or resolution for a regular

1-10  session of the Legislature only if the request is received by the

1-11  Legislative Counsel on or before December 15 preceding the

1-12  commencement of that session.

1-13      (c)] A request for the drafting of a bill or resolution for any

1-14  session of the Legislature which is submitted by a state agency,

1-15  board or department, a local government, the judiciary or another

2-1  authorized nonlegislative requester only if the request is in a subject

2-2  related to the function of the requester.

2-3  2.  The Legislative Counsel shall not:

2-4  (a) Assign a number to a request for the drafting of a bill or

2-5  resolution for any session of the Legislature to establish the priority

2-6  of the request until sufficient detail has been received to allow

2-7  complete drafting of the legislative measure.

2-8  (b) Honor a request to change the subject matter of a request for

2-9  the drafting of a bill or resolution for any session of the Legislature

2-10  after it has been submitted for drafting.

2-11      (c) Honor a request for the drafting of a bill or resolution for any

2-12  session of the Legislature which has been combined in violation of

2-13  Section 17 of Article 4 of the Nevada Constitution.

2-14      Sec. 2.  NRS 218.2415 is hereby amended to read as follows:

2-15      218.2415  1.  An association of elected officials may directly

2-16  request the Legislative Counsel and the Legal Division of the

2-17  Legislative Counsel Bureau to prepare no more than 5 legislative

2-18  measures for a regular legislative session.

2-19      2.  An association of counties or cities may directly request the

2-20  Legislative Counsel and the Legal Division of the Legislative

2-21  Counsel Bureau to prepare no more than 20 legislative measures for

2-22  a regular legislative session.

2-23      3.  A request for the drafting of a legislative measure pursuant

2-24  to this section must be submitted to the Legislative Counsel on or

2-25  before September 1 preceding the commencement of a regular

2-26  session of the Legislature.

2-27      Sec. 3.  NRS 218.2423 is hereby amended to read as follows:

2-28      218.2423  1.  Each:

2-29      (a) Incumbent Assemblyman may request the drafting of not

2-30  more than 5 legislative measures submitted to the Legislative

2-31  Counsel on or before September 1 preceding the commencement of

2-32  a regular session of the Legislature and not more than 5 legislative

2-33  measures submitted to the Legislative Counsel after September 1 but

2-34  on or before December 15 preceding the commencement of a

2-35  regular session of the Legislature.

2-36      (b) Incumbent Senator may request the drafting of not more than

2-37  10 legislative measures submitted to the Legislative Counsel on or

2-38  before September 1 preceding the commencement of a regular

2-39  session of the Legislature and not more than 10 legislative measures

2-40  submitted to the Legislative Counsel after September 1 but on or

2-41  before December 15 preceding the commencement of a regular

2-42  session of the Legislature.

2-43      (c) Newly elected Assemblyman may request the drafting of not

2-44  more than 5 legislative measures submitted to the Legislative

3-1  Counsel on or before December 15 preceding the commencement of

3-2  a regular session of the Legislature.

3-3  (d) Newly elected Senator may request the drafting of not more

3-4  than 10 legislative measures submitted to the Legislative Counsel on

3-5  or before December 15 preceding the commencement of a regular

3-6  session of the Legislature.

3-7  2.  In addition to the number authorized pursuant to

3-8  subsection 1:

3-9  (a) The chairman of each standing committee of the immediately

3-10  preceding regular legislative session, or a person designated in the

3-11  place of the chairman by the Speaker of the Assembly or the

3-12  Majority Leader of the Senate, as the case may be, may request

3-13  before the date of the general election preceding the

3-14  commencement of the next regular legislative session the drafting of

3-15  not more than 1 legislative measure for introduction by the

3-16  committee in a subject within the jurisdiction of the committee for

3-17  every 15 legislative measures that were referred to the respective

3-18  standing committee during the immediately preceding regular

3-19  legislative session.

3-20      (b) A person designated after a general election as a chairman of

3-21  a standing committee for the next regular legislative session, or a

3-22  person designated in the place of a chairman by the person

3-23  designated as the Speaker of the Assembly or the Majority Leader

3-24  of the Senate for the next regular legislative session, may request on

3-25  or before December 15 preceding the commencement of the next

3-26  regular legislative session the drafting of the remaining number of

3-27  the legislative measures allowed for the respective standing

3-28  committee that were not requested by the previous chairman or

3-29  designee.

3-30      Sec. 4.  NRS 218.2426 is hereby amended to read as follows:

3-31      218.2426  1.  In addition to the number authorized pursuant to

3-32  NRS 218.2423:

3-33      (a) The Speaker of the Assembly and the Majority Leader of the

3-34  Senate may each request before [or during a] the date of the general

3-35  election preceding the commencement of the next regular

3-36  legislative session, without limitation, the drafting of not more than

3-37  15 legislative measures for that session.

3-38      (b) The Minority Leader of the Assembly and the Minority

3-39  Leader of the Senate may each request before [or during a] the date

3-40  of the general election preceding the commencement of the next

3-41  regular legislative session, without limitation, the drafting of not

3-42  more than 10 legislative measures for that session.

3-43      (c) A person designated after a general election as the Speaker

3-44  of the Assembly, the Majority Leader of the Senate, the Minority

3-45  Leader of the Assembly or the Minority Leader of the Senate for the

4-1  next regular legislative session may request before the

4-2  commencement of the next regular legislative session the drafting

4-3  of the remaining number of the legislative measures allowed for the

4-4  respective officer that were not requested by the previous officer.

4-5  2.  The Legislative Counsel, the Secretary of the Senate and the

4-6  Chief Clerk of the Assembly may request before or during a regular

4-7  legislative session, without limitation, the drafting of as many

4-8  legislative measures as are necessary or convenient for the proper

4-9  exercise of their duties.

4-10      Sec. 5.  NRS 218.2723 is hereby amended to read as follows:

4-11      218.2723  Before a vote is taken by a committee of the

4-12  Assembly or the Senate on any bill or joint resolution which

4-13  [reduces] the Legislative Counsel, in consultation with the Fiscal

4-14  Analysis Division, determines may reduce the revenues or

4-15  [increases] increase the expenditures of a local government , [or any

4-16  bill which increases or newly provides for a term of imprisonment in

4-17  a county or city jail or detention facility, or makes release on

4-18  probation therefrom less likely,] the Fiscal Analysis Division shall

4-19  prepare a fiscal note [after consultation with the appropriate local

4-20  governments or their representatives.] pursuant to NRS 218.272 to

4-21  218.2758, inclusive. A fiscal note is not required if the only impact

4-22  on a local government is that a bill or joint resolution increases or

4-23  newly provides for a term of imprisonment in a county or city jail

4-24  or detention facility, or makes release on probation therefrom less

4-25  likely.

4-26      Sec. 6.  NRS 218.275 is hereby amended to read as follows:

4-27      218.275  1.  The name of the agency preparing the fiscal note

4-28  must appear on the fiscal note with the [signature] name of the

4-29  official of the agency who is primarily responsible for preparing the

4-30  note.

4-31      2.  The Department of Administration shall review the fiscal

4-32  notes prepared by the agencies before such notes are returned to the

4-33  Legislature. If the Department of Administration disagrees with a

4-34  fiscal note prepared by the agency, it may submit a supplementary

4-35  fiscal note for the bill or joint resolution.

4-36      Sec. 7.  NRS 218.2752 is hereby amended to read as follows:

4-37      218.2752  1.  Whenever a bill or joint resolution is submitted

4-38  to an agency for a fiscal note, the agency shall prepare the note and

4-39  return it to the Fiscal Analysis Division within 5 working days. The

4-40  Fiscal Analysis Division may extend the period for not more than

4-41  10 additional working days if the matter requires extended research.

4-42      2.  Whenever a bill or joint resolution is submitted to a local

4-43  government for a fiscal note, the local government shall:

5-1  (a) Review the provisions of the bill or joint resolution to

5-2  determine whether the bill or joint resolution reduces the revenues

5-3  or increases the expenditures of the local government; and

5-4  (b) If the local government determines that the bill or joint

5-5  resolution reduces the revenues or increases the expenditures of

5-6  the local government, prepare a fiscal note for that bill or

5-7  resolution and return it to the Fiscal Analysis Division within 8

5-8  working days.

5-9  Sec. 8.  NRS 218.2753 is hereby amended to read as follows:

5-10      218.2753  1.  Agencies and local governments may use the

5-11  bills and joint resolutions submitted to them for official purposes

5-12  only. A person shall not copy or otherwise disseminate information

5-13  concerning any bill or joint resolution submitted to him which has

5-14  not been introduced in the Legislature without the consent of the

5-15  requester.

5-16      2.  Any person who knowingly disseminates information in

5-17  violation of this section is guilty of a misdemeanor.

5-18      Sec. 9.  NRS 218.2754 is hereby amended to read as follows:

5-19      218.2754  1.  The summary of each bill or joint resolution

5-20  introduced in the Legislature must include the statement:

5-21      (a) “Fiscal Note: Effect on Local Government: [Yes,”] May

5-22  have Fiscal Impact,”

5-23          “Fiscal Note: Effect on Local Government: No,”

5-24          “Fiscal Note: Effect on Local Government: [Contains

5-25  Appropriation included in Executive Budget,” or

5-26          “Fiscal Note: Effect on Local Government: Contains

5-27  Appropriation not included in Executive Budget,”] Increases or

5-28  Newly Provides for Term of Imprisonment in County or City Jail

5-29  or Detention Facility,”

5-30  whichever is appropriate; and

5-31      (b) “Effect on the State: Yes,”

5-32          “Effect on the State: No,”

5-33          “Effect on the State: Contains Appropriation included in

5-34  Executive Budget,”

5-35          “Effect on the State: Executive Budget,” or

5-36          “Effect on the State: Contains Appropriation not included in

5-37  Executive Budget,”

5-38  whichever is appropriate.

5-39      2.  The Legislative Counsel shall consult the Fiscal Analysis

5-40  Division to secure the appropriate information for summaries of

5-41  bills and joint resolutions.

5-42      Sec. 10.  NRS 218.2755 is hereby amended to read as follows:

5-43      218.2755  After a bill or joint resolution has been drafted, the

5-44  Fiscal Analysis Division shall inform the requester that a fiscal note

5-45  is required when the draft is submitted to the requester for review. If

6-1  the requester so directs, the Fiscal Analysis Division shall promptly

6-2  determine the agency or local government to which the bill or joint

6-3  resolution should be submitted and shall submit it for a fiscal note.

6-4  If the requester is a Legislator and desires to introduce the bill or

6-5  joint resolution without a fiscal note, he may do so, but when the

6-6  bill is introduced, the Fiscal Analysis Division shall promptly

6-7  determine the agency or local government to which the bill or joint

6-8  resolution is to be submitted and shall forward it to the agency or

6-9  local government to obtain the fiscal note.

6-10      Sec. 11.  NRS 218.2756 is hereby amended to read as follows:

6-11      218.2756  1.  [The original, signed copy of a fiscal note that is

6-12  obtained before a bill or joint resolution is introduced must be

6-13  retained by the Fiscal Analysis Division to be used as printer’s copy

6-14  after the bill or joint resolution is introduced.

6-15      2.  If the fiscal note is obtained after the bill or joint resolution

6-16  has been introduced, the Fiscal Analysis Division shall forward a

6-17  signed copy to the Superintendent of the State Printing Division of

6-18  the Department of Administration for the purposes of printing.

6-19      3.  The original fiscal note must be retained by the Fiscal

6-20  Analysis Division.

6-21      4.  The] As soon as practicable after a fiscal note is received

6-22  from an agency, the Fiscal Analysis Division shall send a copy of

6-23  the fiscal note to the chairman of the standing committee or

6-24  committees to which the bill or joint resolution has been referred.

6-25  The Fiscal Analysis Division shall retain the original fiscal note.

6-26      2.  Upon expiration of the period prescribed in paragraph (b)

6-27  of subsection 2 of NRS 218.2752, the Fiscal Analysis Division

6-28  shall prepare a single consolidated fiscal note into which any

6-29  information submitted by a local government regarding a bill or

6-30  joint resolution must be incorporated. If, upon the expiration of

6-31  that period, the Fiscal Analysis Division determines that no local

6-32  governments have submitted information regarding the fiscal

6-33  impact of a bill or joint resolution, the Fiscal Analysis Division

6-34  shall prepare a fiscal note indicating that local governments have

6-35  reported no decreases in revenues or increases in expenditures

6-36  resulting from the bill or joint resolution. The Fiscal Analysis

6-37  Division shall send to the chairman of the standing committee or

6-38  committees to which the bill or joint resolution has been referred a

6-39  copy of a fiscal note prepared pursuant to this subsection. The

6-40  Fiscal Analysis Division shall retain the original fiscal note and

6-41  any fiscal notes submitted by local governments for the bill or

6-42  resolution.

6-43      3.  If a local government wishes to submit a fiscal note for a

6-44  bill or joint resolution after the expiration of the period prescribed

6-45  in paragraph (b) of subsection 2 of NRS 218.2752, the local

7-1  government must submit the fiscal note to the chairman of the

7-2  committee or committees to which the bill or joint resolution has

7-3  been referred, and a copy of the fiscal note to the Fiscal Analysis

7-4  Division. The Fiscal Analysis Division shall retain the copy of the

7-5  fiscal note provided by the local government.

7-6  Sec. 12.  NRS 218.277 is hereby amended to read as follows:

7-7  218.277  1.  Any member of the next succeeding regular

7-8  session of the Legislature may request the Legislative Counsel to

7-9  prefile any legislative bill or joint resolution that was requested by

7-10  that Legislator for introduction in the next succeeding regular

7-11  session of the Legislature.

7-12      2.  A person designated as a chairman of a standing

7-13  committee for the next succeeding regular session of the

7-14  Legislature may request the Legislative Counsel to prefile on

7-15  behalf of the committee any legislative bill or joint resolution

7-16  within the jurisdiction of the committee for introduction in the

7-17  next succeeding regular session of the Legislature.

7-18      3.  Such bills and joint resolutions must be in such final and

7-19  correct form for introduction in the Legislature as required by the

7-20  Nevada Constitution and this chapter.

7-21      [3.] 4.  The Legislative Counsel shall not prefile a bill or joint

7-22  resolution requested by:

7-23      (a) A member of the Legislature who is not a candidate for

7-24  reelection until after the general election immediately preceding the

7-25  regular session of the Legislature.

7-26      (b) A member of the Legislature who is elected or reelected to

7-27  his office at the general election immediately preceding the regular

7-28  session of the Legislature until he is determined to have received the

7-29  highest number of votes pursuant to the canvass of votes required by

7-30  NRS 293.395.

7-31      Sec. 13.  NRS 218.480 is hereby amended to read as follows:

7-32      218.480  1.  At the end of each session of the Legislature, [100

7-33  copies of] the journals must be printed, indexed and bound in book

7-34  form in the same style as those of the 1927 session of the

7-35  Legislature. The journal of each house must be bound separately.

7-36      2.  The Secretary of the Senate and the Chief Clerk of the

7-37  Assembly shall direct the compilation of the journal indexes, for

7-38  their respective houses and shall deliver the completed journal

7-39  indexes to the Superintendent.

7-40      3.  The bound volumes must be delivered to the Legislative

7-41  Counsel Bureau and constitute the journals of the Senate and the

7-42  Assembly.

7-43      4.  Each member of the Legislature of which such journals are

7-44  the record is entitled to one copy of the Senate Journal and one copy

7-45  of the Assembly Journal.

8-1  Sec. 14.  NRS 218.642 is hereby amended to read as follows:

8-2  218.642  A petty cash account of the Legislative Counsel

8-3  Bureau is hereby created [for] :

8-4  1.  For each building in which offices of employees of the

8-5  Legislative Counsel Bureau are located ; and

8-6  2.  In any division approved for the sale of souvenirs pursuant

8-7  to NRS 218.6845,

8-8  in the sum of not more than $1,000 each for the minor expenses of

8-9  the Legislative Counsel Bureau. Each account must be kept in the

8-10  custody of an employee designated by the Director of the

8-11  Legislative Counsel Bureau and must be replenished periodically

8-12  from the Legislative Fund upon approval of expenditures and

8-13  submission of vouchers or other documents to indicate payment.

8-14      Sec. 15.  NRS 218.647 is hereby amended to read as follows:

8-15      218.647  1.  The Legislative Counsel Bureau shall compile

8-16  and publish a Legislative Manual containing information concerning

8-17  the Legislature and [the offices, departments, institutions and

8-18  agencies of the state government and] other information appropriate

8-19  for Legislators.

8-20      2.  The costs of compilation and publication shall be paid from

8-21  the Legislative Fund.

8-22      Sec. 16.  NRS 218.683 is hereby amended to read as follows:

8-23      218.683  1.  The Director of the Legislative Counsel Bureau,

8-24  as executive head of the Legislative Counsel Bureau, shall direct

8-25  and supervise all its administrative and technical activities. The

8-26  fiscal analysts, Legislative Auditor, Research Director and

8-27  Legislative Counsel shall perform the respective duties assigned to

8-28  them by law under the administrative supervision of the Director.

8-29      2.  The Director of the Legislative Counsel Bureau shall,

8-30  consistent with the budget approved by the Legislative Commission

8-31  and within the limits of legislative appropriations and other

8-32  available funds, employ and fix the salaries of or contract for the

8-33  services of such professional, technical, clerical and operational

8-34  personnel and consultants as the execution of his duties and the

8-35  operation of the Legislative Counsel Bureau may require.

8-36      3.  All of the personnel of the Legislative Counsel Bureau are

8-37  exempt from the provisions of chapter 284 of NRS. They are

8-38  entitled to such leaves of absence as the Legislative Commission

8-39  shall prescribe.

8-40      [4.  The Director shall serve as the Nevada Legislative Federal-

8-41  State Coordinator.]

8-42      Sec. 17.  NRS 218.926 is hereby amended to read as follows:

8-43      218.926  1.  Each registrant shall file with the Director within

8-44  30 days after the close of the legislative session a final report signed

8-45  under penalty of perjury concerning his lobbying activities. In

9-1  addition, except as otherwise provided in this subsection, each

9-2  registrant shall file with the Director between the 1st and 10th day

9-3  of the month after each month that the Legislature is in session a

9-4  report concerning his lobbying activities during the previous month,

9-5  whether or not any expenditures were made. The Legislative

9-6  Commission may by regulation exempt a classification of lobbyist

9-7  from filing a monthly report if expenditures were not made. Each

9-8  report must be on a form prescribed by the Director and must

9-9  include the total of all expenditures, if any, made by the registrant

9-10  on behalf of a Legislator or an organization whose primary purpose

9-11  is to provide support for Legislators of a particular political party

9-12  and house, including expenditures made by others on behalf of the

9-13  registrant if the expenditures were made with the registrant’s

9-14  express or implied consent or were ratified by the registrant. Except

9-15  as otherwise provided in subsection 4, the report must identify each

9-16  Legislator and each organization whose primary purpose is to

9-17  provide support for Legislators of a particular political party and

9-18  house on whose behalf expenditures were made and must be

9-19  itemized with respect to each such Legislator and organization. An

9-20  expenditure on behalf of a person other than a Legislator or an

9-21  organization whose primary purpose is to provide support for

9-22  Legislators of a particular political party and house need not be

9-23  reported pursuant to this section unless the expenditure is made for

9-24  the benefit of a Legislator or such an organization.

9-25      2.  If expenditures made by or on behalf of a registrant during

9-26  the previous month exceed $50, the report must include a

9-27  compilation of expenditures, itemized in the manner required by the

9-28  regulations of the Legislative Commission, in the following

9-29  categories:

9-30      (a) Entertainment;

9-31      (b) Expenditures made in connection with a party or similar

9-32  event hosted by the organization represented by the registrant;

9-33      (c) Gifts and loans, including money, services and anything of

9-34  value provided to a Legislator, to an organization whose primary

9-35  purpose is to provide support for Legislators of a particular political

9-36  party and house, or to any other person for the benefit of a

9-37  Legislator or such an organization; and

9-38      (d) Other expenditures directly associated with legislative

9-39  action, not including personal expenditures for food, lodging and

9-40  travel expenses or membership dues.

9-41      3.  The Legislative Commission may authorize an audit or

9-42  investigation by the Legislative Auditor that is proper and necessary

9-43  to verify compliance with the provisions of this section. A lobbyist

9-44  shall make available to the Legislative Auditor all books, accounts,

9-45  claims, reports, vouchers and other records requested by the

10-1  Legislative Auditor in connection with any such audit or

10-2  investigation. The Legislative Auditor shall confine his requests for

10-3  such records to those which specifically relate to the lobbyist’s

10-4  compliance with the reporting requirements of this section.

10-5      4.  A report filed pursuant to this section must not itemize with

10-6  respect to each Legislator an expenditure if the expenditure is the

10-7  cost of a function to which every Legislator was invited. For the

10-8  purposes of this subsection, “function” means a party, meal or other

10-9  social event.

10-10     Sec. 18. NRS 220.120 is hereby amended to read as follows:

10-11     220.120  1.  In preparing the annotations and keeping Nevada

10-12  Revised Statutes current, the Legislative Counsel is authorized:

10-13     (a) To adopt such system of numbering as he deems practical.

10-14     (b) To cause the revision to be published in a number of

10-15  volumes deemed convenient.

10-16     (c) To cause the volumes to be bound in loose-leaf binders of

10-17  good, and so far as possible, permanent quality.

10-18     2.  The pages of Nevada Revised Statutes must conform in size

10-19  and printing style to the pages of the Statutes of Nevada, and roman

10-20  style type must be used.

10-21     3.  The Legislative Counsel shall classify and arrange the entire

10-22  body of statute laws in logical order throughout the volumes, the

10-23  arrangement to be such as will enable subjects of a kindred nature to

10-24  be placed under one general head, with necessary cross references.

10-25     4.  Notes of decisions of the Supreme Court, historical

10-26  references and other material must be printed and arranged in such

10-27  manner as the Legislative Counsel finds will promote the usefulness

10-28  thereof.

10-29     5.  The Legislative Counsel in keeping Nevada Revised Statutes

10-30  current shall not alter the sense, meaning or effect of any legislative

10-31  act, but may renumber sections and parts of sections thereof, change

10-32  the wording of headnotes, rearrange sections, change reference

10-33  numbers or words to agree with renumbered chapters or sections,

10-34  substitute the word “chapter” for “article” and the like, substitute

10-35  figures for written words and vice versa, change capitalization for

10-36  the purpose of uniformity , correct inaccurate references to the

10-37  titles of officers, the names of departments or other agencies of the

10-38  State, local governments, or the Federal Government, and such

10-39  other name changes as are necessary to be consistent with the

10-40  laws of this state and correct manifest clerical or typographical

10-41  errors.

10-42     6.  The Legislative Counsel may create new titles, chapters and

10-43  sections of Nevada Revised Statutes, or otherwise revise the title,

10-44  chapter and sectional organization of Nevada Revised Statutes, all

10-45  as may be required from time to time, to effectuate the orderly and

11-1  logical arrangement of the statutes. Any new titles, chapters,

11-2  sections and organizational revisions have the same force and effect

11-3  as the 58 titles originally enacted and designated as the Nevada

11-4  Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.

11-5      7.  The Legislative Counsel shall assign NRS numbers to such

11-6  new permanent and general laws enacted at any legislative session.

11-7      8.  The Legislative Counsel shall resolve all nonsubstantive

11-8  conflicts between multiple laws enacted at any legislative session as

11-9  if made by a single enactment. If multiple amendments to a single

11-10  section of NRS are made during a legislative session, such

11-11  amendments are all effective and must be compiled in a manner that

11-12  is consistent with the intent of the Legislature as determined by the

11-13  Legislative Counsel.

11-14     9.  The Legislative Counsel shall substitute the name of any

11-15  agency, officer or instrumentality of the State or of a political

11-16  subdivision whose name is changed by law or to which powers,

11-17  duties and responsibilities have been transferred by law, for the

11-18  name which the agency, officer or instrumentality previously used

11-19  or which was previously vested with the same powers and charged

11-20  with the same duties and responsibilities.

11-21     Sec. 19.  The preliminary chapter of NRS is hereby amended

11-22  by adding thereto a new section to read as follows:

11-23     The provisions of any law or statute which is reenacted,

11-24  amended or revised, so far as they are the same as those of prior

11-25  laws, shall be construed as a continuation of such laws and not as

11-26  new enactments. If any provision of a law is repealed and in

11-27  substance reenacted, a reference in any other law to the repealed

11-28  provision shall be deemed to be a reference to the reenacted

11-29  provision.

11-30     Sec. 20.  NRS 0.025 is hereby amended to read as follows:

11-31     0.025  1.  Except as otherwise expressly provided in a

11-32  particular statute or required by the context:

11-33     (a) “May” confers a right, privilege or power. The term “is

11-34  entitled” confers a private right.

11-35     (b) “May not” or “no * * * may” abridges or removes a right,

11-36  privilege or power.

11-37     (c) “Must” expresses a requirement when:

11-38         (1) The subject is a thing, whether the verb is active or

11-39  passive.

11-40         (2) The subject is a natural person and:

11-41             (I) The verb is in the passive voice; or

11-42             (II) Only a condition precedent and not a duty is imposed.

11-43     (d) “Shall” imposes a duty to act.

11-44     (e) “Shall be deemed” or “shall be considered” creates a legal

11-45  fiction.

12-1      (f) “Shall not” imposes a prohibition against acting.

12-2      2.  Except as otherwise required by the context, text of a statute

12-3  that:

12-4      (a) Follows subsections, paragraphs, subparagraphs or sub-

12-5  subparagraphs that are introduced by a colon;

12-6      (b) Is not designated as a separate subsection, paragraph,

12-7  subparagraph or sub-subparagraph; and

12-8      (c) Begins flush to the left margin rather than immediately

12-9  following the material at the end of the final subsection, paragraph,

12-10  subparagraph or sub-subparagraph,

12-11  Êapplies to the section as a whole, in the case of subsections, or to

12-12  the subdivision preceding the colon as a whole rather than solely to

12-13  the subdivision that the text follows. The symbol “Ê” in bills and

12-14  in Nevada Revised Statutes indicates the beginning of such text.

12-15     Sec. 21.  NRS 286.495 is hereby amended to read as follows:

12-16     286.495  Except as provided in NRS 286.470, 286.475 and

12-17  286.501, members shall be credited with service on the basis of

12-18  days, months or years actually worked by a member, except that:

12-19     1.  Intermittent service shall be credited to a member on the

12-20  basis of 1 day of service for each 8 hours worked, and portions of a

12-21  day shall be prorated.

12-22     2.  Part-time employees who regularly work at least half-time

12-23  for a full year with a minimum of 720 hours worked are entitled to a

12-24  full year of credit for retirement eligibility only, with credit for

12-25  actual service for determination of benefit being granted on actual

12-26  time worked.

12-27     3.  An employee of the Nevada Legislature who works full

12-28  time for at least 6 months in a fiscal year during which the

12-29  Legislature meets in regular session is entitled to a full year of

12-30  credit for retirement eligibility only, with credit for actual service

12-31  for determination of benefit being granted on actual time

12-32  worked.

12-33  Service credit under this section shall be computed according to the

12-34  fiscal year. No member may receive less credit under this section

12-35  than was provided under the law in force at the time when the credit

12-36  was earned.

12-37     Sec. 22.  NRS 427A.370 is hereby amended to read as follows:

12-38     427A.370  1.  The Nevada Silver Haired Legislative Forum

12-39  shall elect from among its members, to serve a term of 1 year:

12-40     (a) A President, who shall conduct meetings and oversee the

12-41  formation of committees as necessary to accomplish the purposes of

12-42  the Nevada Silver Haired Legislative Forum.

12-43     (b) A Vice President, who shall assist the President and conduct

12-44  meetings of the Nevada Silver Haired Legislative Forum if the

12-45  President is absent or otherwise unable to perform his duties.

13-1      (c) A Secretary, who shall:

13-2          (1) Prepare and keep a record of meetings, including, without

13-3  limitation, the date, time, place and purpose of every meeting; and

13-4          (2) At the first meeting every year of the Nevada Silver

13-5  Haired Legislative Forum, prepare a list of the dates of the meetings

13-6  that are scheduled for the year.

13-7      (d) A Treasurer, who shall[, with the assistance of the Director

13-8  of the Legislative Counsel Bureau,] administer any account

13-9  established pursuant to NRS 427A.395.

13-10     2.  The [Director of the Legislative Counsel Bureau shall

13-11  provide such persons as are necessary to assist the] Nevada Silver

13-12  Haired Legislative Forum may contract with such persons as are

13-13  necessary to assist the Forum in carrying out its duties.

13-14     Sec. 23.  NRS 218.274 is hereby repealed.

13-15     Sec. 24.  1.  The Public Employees’ Retirement System shall,

13-16  upon request by a current or former officer or employee of the

13-17  Nevada Legislature who would have been entitled to additional

13-18  credit for service pursuant to NRS 286.495, as amended by section

13-19  21 of this act, had those provisions been in effect for any period

13-20  during which he was an officer or employee of the Nevada

13-21  Legislature, recalculate that person’s credit for service to take into

13-22  account the additional amount provided pursuant to that section.

13-23     2.  A current or former officer or employee of the Nevada

13-24  Legislature who would be entitled to credit for service in the Public

13-25  Employees’ Retirement System pursuant to the provisions of NRS

13-26  286.495, as amended by section 21 of this act, but who has

13-27  withdrawn his contributions pursuant to NRS 286.430, may

13-28  redeposit his withdrawn contributions pursuant to NRS 286.440,

13-29  under the terms and conditions provided pursuant to chapter 286 of

13-30  NRS, and thereby qualify for the credit for service provided

13-31  pursuant to NRS 286.495, as amended by section 21 of this act.

13-32     Sec. 25.  Sections 21 and 24 of this act apply retroactively to

13-33  all persons who would have been entitled to additional service credit

13-34  pursuant to NRS 286.495, as amended by section 21 of this act, had

13-35  those provisions been in effect for any period during which they

13-36  were employed by the Nevada Legislature.

 

13-37  TEXT OF REPEALED SECTION

 

13-38     218.274  Fiscal notes prepared by two or more state

13-39  agencies; general or consolidated fiscal note. Bills containing

13-40  provisions for both appropriations and revenues or appropriations

14-1  for more than one state agency shall carry notes from each such

14-2  agency, unless in the case of a bill which would require notes

14-3  prepared by several agencies, the Fiscal Analysis Division

14-4  determines that a single agency shall prepare a general note, or

14-5  prepares a single consolidated fiscal note into which the information

14-6  submitted by the several agencies is incorporated.

 

14-7  H