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  1.  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.

4-22      2.  Before preparing a fiscal note pursuant to this section, the

4-23  Fiscal Analysis Division shall:

4-24      (a) Provide to the appropriate local governments a copy of the

4-25  bill or joint resolution for which the fiscal note is required; and

4-26      (b) Request that the local governments review the bill or joint

4-27  resolution and, if required, prepare a fiscal note pursuant to the

4-28  provisions of subsection 2 of NRS 218.2752.

4-29      3.  Except as otherwise provided in this subsection, a fiscal

4-30  note is not required if the only impact on a local government is

4-31  that a bill or joint resolution increases or newly provides for a

4-32  term of imprisonment in a county or city jail or detention facility,

4-33  or makes release on probation therefrom less likely. The Fiscal

4-34  Analysis Division shall prepare a fiscal note for a bill or joint

4-35  resolution for which a fiscal note is not otherwise required

4-36  pursuant to this subsection if, within 8 working days after the bill

4-37  or joint resolution is introduced:

4-38      (a) A local government prepares a fiscal note for the bill or

4-39  joint resolution and submits it to the Fiscal Analysis Division; and

4-40      (b) The fiscal note complies with requirements set forth in

4-41  NRS 218.2751.

4-42      Sec. 6.  NRS 218.275 is hereby amended to read as follows:

4-43      218.275  1.  The name of the agency preparing the fiscal note

4-44  must appear on the fiscal note with the [signature] name of the

5-1  official of the agency who is primarily responsible for preparing the

5-2  note.

5-3  2.  The Department of Administration shall review the fiscal

5-4  notes prepared by the agencies before such notes are returned to the

5-5  Legislature. If the Department of Administration disagrees with a

5-6  fiscal note prepared by the agency, it may submit a supplementary

5-7  fiscal note for the bill or joint resolution.

5-8  Sec. 6.5.  NRS 218.2751 is hereby amended to read as follows:

5-9  218.2751  The fiscal note must be factual and concise in nature,

5-10  and must provide a reliable estimate of the dollar amount of effect

5-11  the bill or joint resolution will have. If the agency or local

5-12  government concludes that no dollar amount can be estimated, the

5-13  note must so state with reasons for such a conclusion.

5-14      Sec. 7.  NRS 218.2752 is hereby amended to read as follows:

5-15      218.2752  1.  Whenever a bill or joint resolution is submitted

5-16  to an agency for a fiscal note, the agency shall prepare the note and

5-17  return it to the Fiscal Analysis Division within 5 working days. The

5-18  Fiscal Analysis Division may extend the period for not more than

5-19  10 additional working days if the matter requires extended research.

5-20      2.  Whenever a bill or joint resolution is submitted to a local

5-21  government for a fiscal note, the local government shall:

5-22      (a) Review the provisions of the bill or joint resolution to

5-23  determine whether the bill or joint resolution reduces the revenues

5-24  or increases the expenditures of the local government; and

5-25      (b) If the local government determines that the bill or joint

5-26  resolution reduces the revenues or increases the expenditures of

5-27  the local government, prepare a fiscal note for that bill or

5-28  resolution and return it to the Fiscal Analysis Division within 8

5-29  working days.

5-30      Sec. 8.  NRS 218.2753 is hereby amended to read as follows:

5-31      218.2753  1.  Agencies and local governments may use the

5-32  bills and joint resolutions submitted to them for official purposes

5-33  only. A person shall not copy or otherwise disseminate information

5-34  concerning any bill or joint resolution submitted to him which has

5-35  not been introduced in the Legislature without the consent of the

5-36  requester.

5-37      2.  Any person who knowingly disseminates information in

5-38  violation of this section is guilty of a misdemeanor.

5-39      Sec. 9.  NRS 218.2754 is hereby amended to read as follows:

5-40      218.2754  1.  The summary of each bill or joint resolution

5-41  introduced in the Legislature must include the statement:

5-42      (a) “Fiscal Note: Effect on Local Government: [Yes,”] May

5-43  have Fiscal Impact,”

5-44          “Fiscal Note: Effect on Local Government: No,”

6-1       “Fiscal Note: Effect on Local Government: [Contains

6-2  Appropriation included in Executive Budget,” or

6-3       “Fiscal Note: Effect on Local Government: Contains

6-4  Appropriation not included in Executive Budget,”] Increases or

6-5  Newly Provides for Term of Imprisonment in County or City Jail

6-6  or Detention Facility,”

6-7  whichever is appropriate; and

6-8  (b) “Effect on the State: Yes,”

6-9       “Effect on the State: No,”

6-10          “Effect on the State: Contains Appropriation included in

6-11  Executive Budget,”

6-12          “Effect on the State: Executive Budget,” or

6-13          “Effect on the State: Contains Appropriation not included in

6-14  Executive Budget,”

6-15  whichever is appropriate.

6-16      2.  The Legislative Counsel shall consult the Fiscal Analysis

6-17  Division to secure the appropriate information for summaries of

6-18  bills and joint resolutions.

6-19      Sec. 10.  NRS 218.2755 is hereby amended to read as follows:

6-20      218.2755  After a bill or joint resolution has been drafted, the

6-21  Fiscal Analysis Division shall inform the requester that a fiscal note

6-22  is required when the draft is submitted to the requester for review. If

6-23  the requester so directs, the Fiscal Analysis Division shall promptly

6-24  determine the agency or local government to which the bill or joint

6-25  resolution should be submitted and shall submit it for a fiscal note.

6-26  If the requester is a Legislator and desires to introduce the bill or

6-27  joint resolution without a fiscal note, he may do so, but when the

6-28  bill is introduced, the Fiscal Analysis Division shall promptly

6-29  determine the agency or local government to which the bill or joint

6-30  resolution is to be submitted and shall forward it to the agency or

6-31  local government to obtain the fiscal note.

6-32      Sec. 11.  NRS 218.2756 is hereby amended to read as follows:

6-33      218.2756  1.  [The original, signed copy of a fiscal note that is

6-34  obtained before a bill or joint resolution is introduced must be

6-35  retained by the Fiscal Analysis Division to be used as printer’s copy

6-36  after the bill or joint resolution is introduced.

6-37      2.  If the fiscal note is obtained after the bill or joint resolution

6-38  has been introduced, the Fiscal Analysis Division shall forward a

6-39  signed copy to the Superintendent of the State Printing Division of

6-40  the Department of Administration for the purposes of printing.

6-41      3.  The original fiscal note must be retained by the Fiscal

6-42  Analysis Division.

6-43      4.  The] As soon as practicable after a fiscal note is received

6-44  from an agency, the Fiscal Analysis Division shall send a copy of

6-45  the fiscal note to the chairman of the standing committee or

7-1  committees to which the bill or joint resolution has been referred.

7-2  The Fiscal Analysis Division shall retain the original fiscal note.

7-3  2.  Upon expiration of the period prescribed in paragraph (b)

7-4  of subsection 2 of NRS 218.2752, the Fiscal Analysis Division

7-5  shall prepare a single consolidated fiscal note into which any

7-6  information submitted by a local government regarding a bill or

7-7  joint resolution must be incorporated. If, upon the expiration of

7-8  that period, the Fiscal Analysis Division determines that no local

7-9  governments have submitted information regarding the fiscal

7-10  impact of a bill or joint resolution, the Fiscal Analysis Division

7-11  shall prepare a fiscal note indicating that local governments have

7-12  reported no decreases in revenues or increases in expenditures

7-13  resulting from the bill or joint resolution. The Fiscal Analysis

7-14  Division shall send to the chairman of the standing committee or

7-15  committees to which the bill or joint resolution has been referred a

7-16  copy of a fiscal note prepared pursuant to this subsection. The

7-17  Fiscal Analysis Division shall retain the original fiscal note and

7-18  any fiscal notes submitted by local governments for the bill or

7-19  resolution.

7-20      3.  If a local government wishes to submit a fiscal note for a

7-21  bill or joint resolution after the expiration of the period prescribed

7-22  in paragraph (b) of subsection 2 of NRS 218.2752, the local

7-23  government must submit the fiscal note to the chairman of the

7-24  committee or committees to which the bill or joint resolution has

7-25  been referred, and a copy of the fiscal note to the Fiscal Analysis

7-26  Division. The Fiscal Analysis Division shall retain the copy of the

7-27  fiscal note provided by the local government.

7-28      Sec. 12.  NRS 218.277 is hereby amended to read as follows:

7-29      218.277  1.  Any member of the next succeeding regular

7-30  session of the Legislature may request the Legislative Counsel to

7-31  prefile any legislative bill or joint resolution that was requested by

7-32  that Legislator for introduction in the next succeeding regular

7-33  session of the Legislature.

7-34      2.  A person designated as a chairman of a standing

7-35  committee for the next succeeding regular session of the

7-36  Legislature may request the Legislative Counsel to prefile on

7-37  behalf of the committee any legislative bill or joint resolution

7-38  within the jurisdiction of the committee for introduction in the

7-39  next succeeding regular session of the Legislature.

7-40      3.  Such bills and joint resolutions must be in such final and

7-41  correct form for introduction in the Legislature as required by the

7-42  Nevada Constitution and this chapter.

7-43      [3.] 4.  The Legislative Counsel shall not prefile a bill or joint

7-44  resolution requested by:

8-1  (a) A member of the Legislature who is not a candidate for

8-2  reelection until after the general election immediately preceding the

8-3  regular session of the Legislature.

8-4  (b) A member of the Legislature who is elected or reelected to

8-5  his office at the general election immediately preceding the regular

8-6  session of the Legislature until he is determined to have received the

8-7  highest number of votes pursuant to the canvass of votes required by

8-8  NRS 293.395.

8-9  Sec. 13.  NRS 218.480 is hereby amended to read as follows:

8-10      218.480  1.  At the end of each session of the Legislature, [100

8-11  copies of] the journals must be printed, indexed and bound in book

8-12  form in the same style as those of the 1927 session of the

8-13  Legislature. The journal of each house must be bound separately.

8-14      2.  The Secretary of the Senate and the Chief Clerk of the

8-15  Assembly shall direct the compilation of the journal indexes, for

8-16  their respective houses and shall deliver the completed journal

8-17  indexes to the Superintendent.

8-18      3.  The bound volumes must be delivered to the Legislative

8-19  Counsel Bureau and constitute the journals of the Senate and the

8-20  Assembly.

8-21      4.  Each member of the Legislature of which such journals are

8-22  the record is entitled to one copy of the Senate Journal and one copy

8-23  of the Assembly Journal.

8-24      Sec. 14.  NRS 218.642 is hereby amended to read as follows:

8-25      218.642  A petty cash account of the Legislative Counsel

8-26  Bureau is hereby created [for] :

8-27      1.  For each building in which offices of employees of the

8-28  Legislative Counsel Bureau are located ; and

8-29      2.  In any division approved for the sale of souvenirs pursuant

8-30  to NRS 218.6845,

8-31  in the sum of not more than $1,000 each for the minor expenses of

8-32  the Legislative Counsel Bureau. Each account must be kept in the

8-33  custody of an employee designated by the Director of the

8-34  Legislative Counsel Bureau and must be replenished periodically

8-35  from the Legislative Fund upon approval of expenditures and

8-36  submission of vouchers or other documents to indicate payment.

8-37      Sec. 15.  NRS 218.647 is hereby amended to read as follows:

8-38      218.647  1.  The Legislative Counsel Bureau shall compile

8-39  and publish a Legislative Manual containing information concerning

8-40  the Legislature and [the offices, departments, institutions and

8-41  agencies of the state government and] other information appropriate

8-42  for Legislators.

8-43      2.  The costs of compilation and publication shall be paid from

8-44  the Legislative Fund.

 

9-1  Sec. 16.  NRS 218.683 is hereby amended to read as follows:

9-2  218.683  1.  The Director of the Legislative Counsel Bureau,

9-3  as executive head of the Legislative Counsel Bureau, shall direct

9-4  and supervise all its administrative and technical activities. The

9-5  fiscal analysts, Legislative Auditor, Research Director and

9-6  Legislative Counsel shall perform the respective duties assigned to

9-7  them by law under the administrative supervision of the Director.

9-8  2.  The Director of the Legislative Counsel Bureau shall,

9-9  consistent with the budget approved by the Legislative Commission

9-10  and within the limits of legislative appropriations and other

9-11  available funds, employ and fix the salaries of or contract for the

9-12  services of such professional, technical, clerical and operational

9-13  personnel and consultants as the execution of his duties and the

9-14  operation of the Legislative Counsel Bureau may require.

9-15      3.  All of the personnel of the Legislative Counsel Bureau are

9-16  exempt from the provisions of chapter 284 of NRS. They are

9-17  entitled to such leaves of absence as the Legislative Commission

9-18  shall prescribe.

9-19      [4.  The Director shall serve as the Nevada Legislative Federal-

9-20  State Coordinator.]

9-21      Sec. 17.  NRS 218.934 is hereby amended to read as follows:

9-22      218.934  The Director may:

9-23      1.  Prepare and publish such reports concerning lobbying

9-24  activities as he deems appropriate.

9-25      2.  Release to the public the name of any lobbyist who fails to

9-26  file any activity report within 14 days after the date it is required to

9-27  be filed.

9-28      3.  Revoke the registration of any lobbyist who fails to file any

9-29  activity report within 30 days after the date it is required to be filed

9-30  [.] or fails to file two or more activity reports within the time

9-31  required.

9-32      Sec. 17.5.  NRS 218.940 is hereby amended to read as follows:

9-33      218.940  1.  [Any] Except as otherwise provided in this

9-34  subsection, a registrant who files an activity report after the time

9-35  provided in NRS 218.926 shall pay to the Director a fee for late

9-36  filing of $10 for each day that it was late, but the Director may

9-37  reduce or waive this fee upon a finding of just cause. The

9-38  Legislative Commission may by regulation exempt a classification

9-39  of lobbyist from the fee for late filing.

9-40      2.  An activity report with respect to which a late filing fee has

9-41  been paid by the registrant or waived by the Director shall be

9-42  deemed timely filed, and the late filing is not a public offense.

9-43      Sec. 18. NRS 220.120 is hereby amended to read as follows:

9-44      220.120  1.  In preparing the annotations and keeping Nevada

9-45  Revised Statutes current, the Legislative Counsel is authorized:

10-1      (a) To adopt such system of numbering as he deems practical.

10-2      (b) To cause the revision to be published in a number of

10-3  volumes deemed convenient.

10-4      (c) To cause the volumes to be bound in loose-leaf binders of

10-5  good, and so far as possible, permanent quality.

10-6      2.  The pages of Nevada Revised Statutes must conform in size

10-7  and printing style to the pages of the Statutes of Nevada, and roman

10-8  style type must be used.

10-9      3.  The Legislative Counsel shall classify and arrange the entire

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

10-11  arrangement to be such as will enable subjects of a kindred nature to

10-12  be placed under one general head, with necessary cross references.

10-13     4.  Notes of decisions of the Supreme Court, historical

10-14  references and other material must be printed and arranged in such

10-15  manner as the Legislative Counsel finds will promote the usefulness

10-16  thereof.

10-17     5.  The Legislative Counsel in keeping Nevada Revised Statutes

10-18  current shall not alter the sense, meaning or effect of any legislative

10-19  act, but may renumber sections and parts of sections thereof, change

10-20  the wording of headnotes, rearrange sections, change reference

10-21  numbers or words to agree with renumbered chapters or sections,

10-22  substitute the word “chapter” for “article” and the like, substitute

10-23  figures for written words and vice versa, change capitalization for

10-24  the purpose of uniformity , correct inaccurate references to the

10-25  titles of officers, the names of departments or other agencies of the

10-26  State, local governments, or the Federal Government, and such

10-27  other name changes as are necessary to be consistent with the

10-28  laws of this state and correct manifest clerical or typographical

10-29  errors.

10-30     6.  The Legislative Counsel may create new titles, chapters and

10-31  sections of Nevada Revised Statutes, or otherwise revise the title,

10-32  chapter and sectional organization of Nevada Revised Statutes, all

10-33  as may be required from time to time, to effectuate the orderly and

10-34  logical arrangement of the statutes. Any new titles, chapters,

10-35  sections and organizational revisions have the same force and effect

10-36  as the 58 titles originally enacted and designated as the Nevada

10-37  Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.

10-38     7.  The Legislative Counsel shall assign NRS numbers to such

10-39  new permanent and general laws enacted at any legislative session.

10-40     8.  The Legislative Counsel shall resolve all nonsubstantive

10-41  conflicts between multiple laws enacted at any legislative session as

10-42  if made by a single enactment. If multiple amendments to a single

10-43  section of NRS are made during a legislative session, such

10-44  amendments are all effective and must be compiled in a manner that

11-1  is consistent with the intent of the Legislature as determined by the

11-2  Legislative Counsel.

11-3      9.  The Legislative Counsel shall substitute the name of any

11-4  agency, officer or instrumentality of the State or of a political

11-5  subdivision whose name is changed by law or to which powers,

11-6  duties and responsibilities have been transferred by law, for the

11-7  name which the agency, officer or instrumentality previously used

11-8  or which was previously vested with the same powers and charged

11-9  with the same duties and responsibilities.

11-10     Sec. 19.  The preliminary chapter of NRS is hereby amended

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

11-12     The provisions of any law or statute which is reenacted,

11-13  amended or revised, so far as they are the same as those of prior

11-14  laws, shall be construed as a continuation of such laws and not as

11-15  new enactments. If any provision of a law is repealed and in

11-16  substance reenacted, a reference in any other law to the repealed

11-17  provision shall be deemed to be a reference to the reenacted

11-18  provision.

11-19     Sec. 20.  NRS 0.025 is hereby amended to read as follows:

11-20     0.025  1.  Except as otherwise expressly provided in a

11-21  particular statute or required by the context:

11-22     (a) “May” confers a right, privilege or power. The term “is

11-23  entitled” confers a private right.

11-24     (b) “May not” or “no * * * may” abridges or removes a right,

11-25  privilege or power.

11-26     (c) “Must” expresses a requirement when:

11-27         (1) The subject is a thing, whether the verb is active or

11-28  passive.

11-29         (2) The subject is a natural person and:

11-30             (I) The verb is in the passive voice; or

11-31             (II) Only a condition precedent and not a duty is imposed.

11-32     (d) “Shall” imposes a duty to act.

11-33     (e) “Shall be deemed” or “shall be considered” creates a legal

11-34  fiction.

11-35     (f) “Shall not” imposes a prohibition against acting.

11-36     2.  Except as otherwise required by the context, text of a statute

11-37  that:

11-38     (a) Follows subsections, paragraphs, subparagraphs or sub-

11-39  subparagraphs that are introduced by a colon;

11-40     (b) Is not designated as a separate subsection, paragraph,

11-41  subparagraph or sub-subparagraph; and

11-42     (c) Begins flush to the left margin rather than immediately

11-43  following the material at the end of the final subsection, paragraph,

11-44  subparagraph or sub-subparagraph,

12-1  Êapplies to the section as a whole, in the case of subsections, or to

12-2  the subdivision preceding the colon as a whole rather than solely to

12-3  the subdivision that the text follows. The symbol “Ê” in bills and

12-4  in Nevada Revised Statutes indicates the beginning of such text.

12-5      Sec. 21.  NRS 286.495 is hereby amended to read as follows:

12-6      286.495  Except as provided in NRS 286.470, 286.475 and

12-7  286.501, members shall be credited with service on the basis of

12-8  days, months or years actually worked by a member, except that:

12-9      1.  Intermittent service shall be credited to a member on the

12-10  basis of 1 day of service for each 8 hours worked, and portions of a

12-11  day shall be prorated.

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

12-13  for a full year with a minimum of 720 hours worked are entitled to a

12-14  full year of credit for retirement eligibility only, with credit for

12-15  actual service for determination of benefit being granted on actual

12-16  time worked.

12-17     3.  An employee of the Nevada Legislature who works full

12-18  time for at least 6 months in a fiscal year during which the

12-19  Legislature meets in regular session is entitled to a full year of

12-20  credit for retirement eligibility only, with credit for actual service

12-21  for determination of benefit being granted on actual time

12-22  worked.

12-23  Service credit under this section shall be computed according to the

12-24  fiscal year. No member may receive less credit under this section

12-25  than was provided under the law in force at the time when the credit

12-26  was earned. Nothing in this section allows a member to receive

12-27  more than 1 year of credit for retirement eligibility in any year.

12-28     Sec. 22.  (Deleted by amendment.)

12-29     Sec. 23.  NRS 218.274 is hereby repealed.

12-30     Sec. 24.  1.  The Public Employees’ Retirement System shall,

12-31  upon request by a current or former officer or employee of the

12-32  Nevada Legislature who would have been entitled to additional

12-33  credit for service pursuant to NRS 286.495, as amended by section

12-34  21 of this act, had those provisions been in effect for any period

12-35  during which he was an officer or employee of the Nevada

12-36  Legislature, recalculate that person’s credit for service to take into

12-37  account the additional amount provided pursuant to that section.

12-38     2.  A current or former officer or employee of the Nevada

12-39  Legislature who would be entitled to credit for service in the Public

12-40  Employees’ Retirement System pursuant to the provisions of NRS

12-41  286.495, as amended by section 21 of this act, but who has

12-42  withdrawn his contributions pursuant to NRS 286.430, may

12-43  redeposit his withdrawn contributions pursuant to NRS 286.440,

12-44  under the terms and conditions provided pursuant to chapter 286 of

13-1  NRS, and thereby qualify for the credit for service provided

13-2  pursuant to NRS 286.495, as amended by section 21 of this act.

13-3      Sec. 25.  Sections 21 and 24 of this act apply retroactively to

13-4  all persons who would have been entitled to additional service credit

13-5  pursuant to NRS 286.495, as amended by section 21 of this act, had

13-6  those provisions been in effect for any period during which they

13-7  were employed by the Nevada Legislature.

 

13-8  TEXT OF REPEALED SECTION

 

13-9      218.274  Fiscal notes prepared by two or more state

13-10  agencies; general or consolidated fiscal note. Bills containing

13-11  provisions for both appropriations and revenues or appropriations

13-12  for more than one state agency shall carry notes from each such

13-13  agency, unless in the case of a bill which would require notes

13-14  prepared by several agencies, the Fiscal Analysis Division

13-15  determines that a single agency shall prepare a general note, or

13-16  prepares a single consolidated fiscal note into which the information

13-17  submitted by the several agencies is incorporated.

 

13-18  H