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. Chapter 218 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  To the extent practicable, the Legislative Counsel shall

1-4  cause each bill or joint resolution introduced in the Legislature to

1-5  include a digest. The digest must be printed on the bill immediately

1-6  following the title of the bill.

1-7  2.  The digest must be drafted by the Legislative Counsel in

1-8  plain English and include a concise and clear summary of any

1-9  existing laws directly related to the legislation and a summary of

1-10  how the legislation adds to, changes or repeals such existing laws.

1-11  To the extent practicable, if either house amends a bill or joint

1-12  resolution, the Legislative Counsel shall cause the digest to be

1-13  revised as necessary to reflect the adoption of the amendment. The

1-14  digest is not subject to amendment by the Legislature.

 

 

2-1  Sec. 1.5. NRS 218.2405 is hereby amended to read as follows:

2-2  218.2405  1.  Except as otherwise provided by specific statute

2-3  , joint rule or concurrent resolution of the Legislature, the

2-4  Legislative Counsel shall honor:

2-5  (a) The number of requests for the drafting of a bill or resolution

2-6  for a regular session of the Legislature only as provided in NRS

2-7  218.240 to 218.255, inclusive.

2-8  (b) [A request for the drafting of a bill or resolution for a regular

2-9  session of the Legislature only if the request is received by the

2-10  Legislative Counsel on or before December 15 preceding the

2-11  commencement of that session.

2-12      (c)] A request for the drafting of a bill or resolution for any

2-13  session of the Legislature which is submitted by a state agency,

2-14  board or department, a local government, the judiciary or another

2-15  authorized nonlegislative requester only if the request is in a subject

2-16  related to the function of the requester.

2-17      2.  The Legislative Counsel shall not:

2-18      (a) Assign a number to a request for the drafting of a bill or

2-19  resolution for any session of the Legislature to establish the priority

2-20  of the request until sufficient detail has been received to allow

2-21  complete drafting of the legislative measure.

2-22      (b) Honor a request to change the subject matter of a request for

2-23  the drafting of a bill or resolution for any session of the Legislature

2-24  after it has been submitted for drafting.

2-25      (c) Honor a request for the drafting of a bill or resolution for any

2-26  session of the Legislature which has been combined in violation of

2-27  Section 17 of Article 4 of the Nevada Constitution.

2-28      Sec. 2.  NRS 218.2415 is hereby amended to read as follows:

2-29      218.2415  1.  An association of elected officials may directly

2-30  request the Legislative Counsel and the Legal Division of the

2-31  Legislative Counsel Bureau to prepare no more than 5 legislative

2-32  measures for a regular legislative session.

2-33      2.  An association of counties or cities may directly request the

2-34  Legislative Counsel and the Legal Division of the Legislative

2-35  Counsel Bureau to prepare no more than 20 legislative measures for

2-36  a regular legislative session.

2-37      3.  A request for the drafting of a legislative measure pursuant

2-38  to this section must be submitted to the Legislative Counsel on or

2-39  before September 1 preceding the commencement of a regular

2-40  session of the Legislature.

2-41      Sec. 3.  NRS 218.2423 is hereby amended to read as follows:

2-42      218.2423  1.  Each:

2-43      (a) Incumbent Assemblyman may request the drafting of not

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

2-45  Counsel on or before September 1 preceding the commencement of

3-1  a regular session of the Legislature and not more than 5 legislative

3-2  measures submitted to the Legislative Counsel after September 1 but

3-3  on or before December 15 preceding the commencement of a

3-4  regular session of the Legislature.

3-5  (b) Incumbent Senator may request the drafting of not more than

3-6  10 legislative measures submitted to the Legislative Counsel on or

3-7  before September 1 preceding the commencement of a regular

3-8  session of the Legislature and not more than 10 legislative measures

3-9  submitted to the Legislative Counsel after September 1 but on or

3-10  before December 15 preceding the commencement of a regular

3-11  session of the Legislature.

3-12      (c) Newly elected Assemblyman may request the drafting of not

3-13  more than 5 legislative measures submitted to the Legislative

3-14  Counsel on or before December 15 preceding the commencement of

3-15  a regular session of the Legislature.

3-16      (d) Newly elected Senator may request the drafting of not more

3-17  than 10 legislative measures submitted to the Legislative Counsel on

3-18  or before December 15 preceding the commencement of a regular

3-19  session of the Legislature.

3-20      2.  In addition to the number authorized pursuant to

3-21  subsection 1:

3-22      (a) The chairman of each standing committee of the immediately

3-23  preceding regular legislative session, or a person designated in the

3-24  place of the chairman by the Speaker of the Assembly or the

3-25  Majority Leader of the Senate, as the case may be, may request

3-26  before the date of the general election preceding the

3-27  commencement of the next regular legislative session the drafting of

3-28  not more than 1 legislative measure for introduction by the

3-29  committee in a subject within the jurisdiction of the committee for

3-30  every 15 legislative measures that were referred to the respective

3-31  standing committee during the immediately preceding regular

3-32  legislative session.

3-33      (b) A person designated after a general election as a chairman of

3-34  a standing committee for the next regular legislative session, or a

3-35  person designated in the place of a chairman by the person

3-36  designated as the Speaker of the Assembly or the Majority Leader

3-37  of the Senate for the next regular legislative session, may request on

3-38  or before December 15 preceding the commencement of the next

3-39  regular legislative session the drafting of the remaining number of

3-40  the legislative measures allowed for the respective standing

3-41  committee that were not requested by the previous chairman or

3-42  designee.

3-43      Sec. 4.  NRS 218.2426 is hereby amended to read as follows:

3-44      218.2426  1.  In addition to the number authorized pursuant to

3-45  NRS 218.2423:

4-1  (a) The Speaker of the Assembly and the Majority Leader of the

4-2  Senate may each request before [or during a] the date of the general

4-3  election preceding the commencement of the next regular

4-4  legislative session, without limitation, the drafting of not more than

4-5  15 legislative measures for that session.

4-6  (b) The Minority Leader of the Assembly and the Minority

4-7  Leader of the Senate may each request before [or during a] the date

4-8  of the general election preceding the commencement of the next

4-9  regular legislative session, without limitation, the drafting of not

4-10  more than 10 legislative measures for that session.

4-11      (c) A person designated after a general election as the Speaker

4-12  of the Assembly, the Majority Leader of the Senate, the Minority

4-13  Leader of the Assembly or the Minority Leader of the Senate for the

4-14  next regular legislative session may request before the

4-15  commencement of the next regular legislative session the drafting

4-16  of the remaining number of the legislative measures allowed for the

4-17  respective officer that were not requested by the previous officer.

4-18      2.  The Legislative Counsel, the Secretary of the Senate and the

4-19  Chief Clerk of the Assembly may request before or during a regular

4-20  legislative session, without limitation, the drafting of as many

4-21  legislative measures as are necessary or convenient for the proper

4-22  exercise of their duties.

4-23      Sec. 5.  NRS 218.2723 is hereby amended to read as follows:

4-24      218.2723  1.  Before a vote is taken by a committee of the

4-25  Assembly or the Senate on any bill or joint resolution which

4-26  [reduces] the Legislative Counsel, in consultation with the Fiscal

4-27  Analysis Division, determines may reduce the revenues or

4-28  [increases] increase the expenditures of a local government , [or any

4-29  bill which increases or newly provides for a term of imprisonment in

4-30  a county or city jail or detention facility, or makes release on

4-31  probation therefrom less likely,] the Fiscal Analysis Division shall

4-32  prepare a fiscal note [after consultation with the appropriate local

4-33  governments or their representatives.] pursuant to NRS 218.272 to

4-34  218.2758, inclusive.

4-35      2.  Before preparing a fiscal note pursuant to this section, the

4-36  Fiscal Analysis Division shall:

4-37      (a) Provide to the appropriate local governments a copy of the

4-38  bill or joint resolution for which the fiscal note is required; and

4-39      (b) Request that the local governments review the bill or joint

4-40  resolution and, if required, prepare a fiscal note pursuant to the

4-41  provisions of subsection 2 of NRS 218.2752.

4-42      3.  Except as otherwise provided in this subsection, a fiscal

4-43  note is not required if the only impact on a local government is

4-44  that a bill or joint resolution increases or newly provides for a

4-45  term of imprisonment in a county or city jail or detention facility,

5-1  or makes release on probation therefrom less likely. The Fiscal

5-2  Analysis Division shall prepare a fiscal note for a bill or joint

5-3  resolution for which a fiscal note is not otherwise required

5-4  pursuant to this subsection if, within 8 working days after the bill

5-5  or joint resolution is introduced:

5-6  (a) A local government prepares a fiscal note for the bill or

5-7  joint resolution and submits it to the Fiscal Analysis Division; and

5-8  (b) The fiscal note complies with requirements set forth in

5-9  NRS 218.2751.

5-10      Sec. 6.  NRS 218.275 is hereby amended to read as follows:

5-11      218.275  1.  The name of the agency preparing the fiscal note

5-12  must appear on the fiscal note with the [signature] name of the

5-13  official of the agency who is primarily responsible for preparing the

5-14  note.

5-15      2.  The Department of Administration shall review the fiscal

5-16  notes prepared by the agencies before such notes are returned to the

5-17  Legislature. If the Department of Administration disagrees with a

5-18  fiscal note prepared by the agency, it may submit a supplementary

5-19  fiscal note for the bill or joint resolution.

5-20      Sec. 6.5.  NRS 218.2751 is hereby amended to read as follows:

5-21      218.2751  The fiscal note must be factual and concise in nature,

5-22  and must provide a reliable estimate of the dollar amount of effect

5-23  the bill or joint resolution will have. If the agency or local

5-24  government concludes that no dollar amount can be estimated, the

5-25  note must so state with reasons for such a conclusion.

5-26      Sec. 7.  NRS 218.2752 is hereby amended to read as follows:

5-27      218.2752  1.  Whenever a bill or joint resolution is submitted

5-28  to an agency for a fiscal note, the agency shall prepare the note and

5-29  return it to the Fiscal Analysis Division within 5 working days. The

5-30  Fiscal Analysis Division may extend the period for not more than

5-31  10 additional working days if the matter requires extended research.

5-32      2.  Whenever a bill or joint resolution is submitted to a local

5-33  government for a fiscal note, the local government shall:

5-34      (a) Review the provisions of the bill or joint resolution to

5-35  determine whether the bill or joint resolution reduces the revenues

5-36  or increases the expenditures of the local government; and

5-37      (b) If the local government determines that the bill or joint

5-38  resolution reduces the revenues or increases the expenditures of

5-39  the local government, prepare a fiscal note for that bill or

5-40  resolution and return it to the Fiscal Analysis Division within 8

5-41  working days.

5-42      Sec. 8.  NRS 218.2753 is hereby amended to read as follows:

5-43      218.2753  1.  Agencies and local governments may use the

5-44  bills and joint resolutions submitted to them for official purposes

5-45  only. A person shall not copy or otherwise disseminate information

6-1  concerning any bill or joint resolution submitted to him which has

6-2  not been introduced in the Legislature without the consent of the

6-3  requester.

6-4  2.  Any person who knowingly disseminates information in

6-5  violation of this section is guilty of a misdemeanor.

6-6  Sec. 9.  NRS 218.2754 is hereby amended to read as follows:

6-7  218.2754  1.  The summary of each bill or joint resolution

6-8  introduced in the Legislature must include the statement:

6-9  (a) “Fiscal Note: Effect on Local Government: [Yes,”] May

6-10  have Fiscal Impact,”

6-11          “Fiscal Note: Effect on Local Government: No,”

6-12          “Fiscal Note: Effect on Local Government: [Contains

6-13  Appropriation included in Executive Budget,” or

6-14          “Fiscal Note: Effect on Local Government: Contains

6-15  Appropriation not included in Executive Budget,”] Increases or

6-16  Newly Provides for Term of Imprisonment in County or City Jail

6-17  or Detention Facility,”

6-18  whichever is appropriate; and

6-19      (b) “Effect on the State: Yes,”

6-20          “Effect on the State: No,”

6-21          “Effect on the State: Contains Appropriation included in

6-22  Executive Budget,”

6-23          “Effect on the State: Executive Budget,” or

6-24          “Effect on the State: Contains Appropriation not included in

6-25  Executive Budget,”

6-26  whichever is appropriate.

6-27      2.  The Legislative Counsel shall consult the Fiscal Analysis

6-28  Division to secure the appropriate information for summaries of

6-29  bills and joint resolutions.

6-30      3.  If an amendment adds an appropriation to a bill that

6-31  previously did not include an appropriation or removes all

6-32  appropriations from a bill that previously included one or more

6-33  appropriations, the Legislative Counsel shall change the summary

6-34  of the bill to reflect the inclusion or removal.

6-35      Sec. 10.  NRS 218.2755 is hereby amended to read as follows:

6-36      218.2755  After a bill or joint resolution has been drafted, the

6-37  Fiscal Analysis Division shall inform the requester that a fiscal note

6-38  is required when the draft is submitted to the requester for review. If

6-39  the requester so directs, the Fiscal Analysis Division shall promptly

6-40  determine the agency or local government to which the bill or joint

6-41  resolution should be submitted and shall submit it for a fiscal note.

6-42  If the requester is a Legislator and desires to introduce the bill or

6-43  joint resolution without a fiscal note, he may do so, but when the

6-44  bill is introduced, the Fiscal Analysis Division shall promptly

6-45  determine the agency or local government to which the bill or joint

7-1  resolution is to be submitted and shall forward it to the agency or

7-2  local government to obtain the fiscal note.

7-3  Sec. 11.  NRS 218.2756 is hereby amended to read as follows:

7-4  218.2756  1.  [The original, signed copy of a fiscal note that is

7-5  obtained before a bill or joint resolution is introduced must be

7-6  retained by the Fiscal Analysis Division to be used as printer’s copy

7-7  after the bill or joint resolution is introduced.

7-8  2.  If the fiscal note is obtained after the bill or joint resolution

7-9  has been introduced, the Fiscal Analysis Division shall forward a

7-10  signed copy to the Superintendent of the State Printing Division of

7-11  the Department of Administration for the purposes of printing.

7-12      3.  The original fiscal note must be retained by the Fiscal

7-13  Analysis Division.

7-14      4.  The] As soon as practicable after a fiscal note is received

7-15  from an agency, the Fiscal Analysis Division shall send a copy of

7-16  the fiscal note to the chairman of the standing committee or

7-17  committees to which the bill or joint resolution has been referred.

7-18  The Fiscal Analysis Division shall retain the original fiscal note.

7-19      2.  Upon expiration of the period prescribed in paragraph (b)

7-20  of subsection 2 of NRS 218.2752, the Fiscal Analysis Division

7-21  shall prepare a single consolidated fiscal note into which any

7-22  information submitted by a local government regarding a bill or

7-23  joint resolution must be incorporated. If, upon the expiration of

7-24  that period, the Fiscal Analysis Division determines that no local

7-25  governments have submitted information regarding the fiscal

7-26  impact of a bill or joint resolution, the Fiscal Analysis Division

7-27  shall prepare a fiscal note indicating that local governments have

7-28  reported no decreases in revenues or increases in expenditures

7-29  resulting from the bill or joint resolution. The Fiscal Analysis

7-30  Division shall send to the chairman of the standing committee or

7-31  committees to which the bill or joint resolution has been referred a

7-32  copy of a fiscal note prepared pursuant to this subsection. The

7-33  Fiscal Analysis Division shall retain the original fiscal note and

7-34  any fiscal notes submitted by local governments for the bill or

7-35  resolution.

7-36      3.  If a local government wishes to submit a fiscal note for a

7-37  bill or joint resolution after the expiration of the period prescribed

7-38  in paragraph (b) of subsection 2 of NRS 218.2752, the local

7-39  government must submit the fiscal note to the chairman of the

7-40  committee or committees to which the bill or joint resolution has

7-41  been referred, and a copy of the fiscal note to the Fiscal Analysis

7-42  Division. The Fiscal Analysis Division shall retain the copy of the

7-43  fiscal note provided by the local government.

 

 

8-1  Sec. 12.  NRS 218.277 is hereby amended to read as follows:

8-2  218.277  1.  Any member of the next succeeding regular

8-3  session of the Legislature may request the Legislative Counsel to

8-4  prefile any legislative bill or joint resolution that was requested by

8-5  that Legislator for introduction in the next succeeding regular

8-6  session of the Legislature.

8-7  2.  A person designated as a chairman of a standing

8-8  committee for the next succeeding regular session of the

8-9  Legislature may request the Legislative Counsel to prefile on

8-10  behalf of the committee any legislative bill or joint resolution

8-11  within the jurisdiction of the committee for introduction in the

8-12  next succeeding regular session of the Legislature.

8-13      3.  Such bills and joint resolutions must be in such final and

8-14  correct form for introduction in the Legislature as required by the

8-15  Nevada Constitution and this chapter.

8-16      [3.] 4.  The Legislative Counsel shall not prefile a bill or joint

8-17  resolution requested by:

8-18      (a) A member of the Legislature who is not a candidate for

8-19  reelection until after the general election immediately preceding the

8-20  regular session of the Legislature.

8-21      (b) A member of the Legislature who is elected or reelected to

8-22  his office at the general election immediately preceding the regular

8-23  session of the Legislature until he is determined to have received the

8-24  highest number of votes pursuant to the canvass of votes required by

8-25  NRS 293.395.

8-26      Sec. 13.  NRS 218.480 is hereby amended to read as follows:

8-27      218.480  1.  At the end of each session of the Legislature, [100

8-28  copies of] the journals must be printed, indexed and bound in book

8-29  form in the same style as those of the 1927 session of the

8-30  Legislature. The journal of each house must be bound separately.

8-31      2.  The Secretary of the Senate and the Chief Clerk of the

8-32  Assembly shall direct the compilation of the journal indexes, for

8-33  their respective houses and shall deliver the completed journal

8-34  indexes to the Superintendent.

8-35      3.  The bound volumes must be delivered to the Legislative

8-36  Counsel Bureau and constitute the journals of the Senate and the

8-37  Assembly.

8-38      4.  Each member of the Legislature of which such journals are

8-39  the record is entitled to one copy of the Senate Journal and one copy

8-40  of the Assembly Journal.

8-41      Sec. 14.  NRS 218.642 is hereby amended to read as follows:

8-42      218.642  A petty cash account of the Legislative Counsel

8-43  Bureau is hereby created [for] :

8-44      1.  For each building in which offices of employees of the

8-45  Legislative Counsel Bureau are located ; and

9-1  2.  In any division approved for the sale of souvenirs pursuant

9-2  to NRS 218.6845,

9-3  in the sum of not more than $1,000 each for the minor expenses of

9-4  the Legislative Counsel Bureau. Each account must be kept in the

9-5  custody of an employee designated by the Director of the

9-6  Legislative Counsel Bureau and must be replenished periodically

9-7  from the Legislative Fund upon approval of expenditures and

9-8  submission of vouchers or other documents to indicate payment.

9-9  Sec. 15.  NRS 218.647 is hereby amended to read as follows:

9-10      218.647  1.  The Legislative Counsel Bureau shall compile

9-11  and publish a Legislative Manual containing information concerning

9-12  the Legislature and [the offices, departments, institutions and

9-13  agencies of the state government and] other information appropriate

9-14  for Legislators.

9-15      2.  The costs of compilation and publication shall be paid from

9-16  the Legislative Fund.

9-17      Sec. 16.  NRS 218.683 is hereby amended to read as follows:

9-18      218.683  1.  The Director of the Legislative Counsel Bureau,

9-19  as executive head of the Legislative Counsel Bureau, shall direct

9-20  and supervise all its administrative and technical activities. The

9-21  fiscal analysts, Legislative Auditor, Research Director and

9-22  Legislative Counsel shall perform the respective duties assigned to

9-23  them by law under the administrative supervision of the Director.

9-24      2.  The Director of the Legislative Counsel Bureau shall,

9-25  consistent with the budget approved by the Legislative Commission

9-26  and within the limits of legislative appropriations and other

9-27  available funds, employ and fix the salaries of or contract for the

9-28  services of such professional, technical, clerical and operational

9-29  personnel and consultants as the execution of his duties and the

9-30  operation of the Legislative Counsel Bureau may require.

9-31      3.  All of the personnel of the Legislative Counsel Bureau are

9-32  exempt from the provisions of chapter 284 of NRS. They are

9-33  entitled to such leaves of absence as the Legislative Commission

9-34  shall prescribe.

9-35      [4.  The Director shall serve as the Nevada Legislative Federal-

9-36  State Coordinator.]

9-37      Sec. 17.  NRS 218.934 is hereby amended to read as follows:

9-38      218.934  The Director may:

9-39      1.  Prepare and publish such reports concerning lobbying

9-40  activities as he deems appropriate.

9-41      2.  Release to the public the name of any lobbyist who fails to

9-42  file any activity report within 14 days after the date it is required to

9-43  be filed.

9-44      3.  Revoke the registration of any lobbyist who fails to file any

9-45  activity report within 30 days after the date it is required to be filed

10-1  [.] or fails to file two or more activity reports within the time

10-2  required.

10-3      Sec. 17.5.  NRS 218.940 is hereby amended to read as follows:

10-4      218.940  1.  [Any] Except as otherwise provided in this

10-5  subsection, a registrant who files an activity report after the time

10-6  provided in NRS 218.926 shall pay to the Director a fee for late

10-7  filing of $10 for each day that it was late, but the Director may

10-8  reduce or waive this fee upon a finding of just cause. The

10-9  Legislative Commission may by regulation exempt a classification

10-10  of lobbyist from the fee for late filing.

10-11     2.  An activity report with respect to which a late filing fee has

10-12  been paid by the registrant or waived by the Director shall be

10-13  deemed timely filed, and the late filing is not a public offense.

10-14     Sec. 18. NRS 220.120 is hereby amended to read as follows:

10-15     220.120  1.  In preparing the annotations and keeping Nevada

10-16  Revised Statutes current, the Legislative Counsel is authorized:

10-17     (a) To adopt such system of numbering as he deems practical.

10-18     (b) To cause the revision to be published in a number of

10-19  volumes deemed convenient.

10-20     (c) To cause the volumes to be bound in loose-leaf binders of

10-21  good, and so far as possible, permanent quality.

10-22     2.  The pages of Nevada Revised Statutes must conform in size

10-23  and printing style to the pages of the Statutes of Nevada, and roman

10-24  style type must be used.

10-25     3.  The Legislative Counsel shall classify and arrange the entire

10-26  body of statute laws in logical order throughout the volumes, the

10-27  arrangement to be such as will enable subjects of a kindred nature to

10-28  be placed under one general head, with necessary cross references.

10-29     4.  Notes of decisions of the Supreme Court, historical

10-30  references and other material must be printed and arranged in such

10-31  manner as the Legislative Counsel finds will promote the usefulness

10-32  thereof.

10-33     5.  The Legislative Counsel in keeping Nevada Revised Statutes

10-34  current shall not alter the sense, meaning or effect of any legislative

10-35  act, but may renumber sections and parts of sections thereof, change

10-36  the wording of headnotes, rearrange sections, change reference

10-37  numbers or words to agree with renumbered chapters or sections,

10-38  substitute the word “chapter” for “article” and the like, substitute

10-39  figures for written words and vice versa, change capitalization for

10-40  the purpose of uniformity , correct inaccurate references to the

10-41  titles of officers, the names of departments or other agencies of the

10-42  State, local governments, or the Federal Government, and such

10-43  other name changes as are necessary to be consistent with the

10-44  laws of this state and correct manifest clerical or typographical

10-45  errors.

11-1      6.  The Legislative Counsel may create new titles, chapters and

11-2  sections of Nevada Revised Statutes, or otherwise revise the title,

11-3  chapter and sectional organization of Nevada Revised Statutes, all

11-4  as may be required from time to time, to effectuate the orderly and

11-5  logical arrangement of the statutes. Any new titles, chapters,

11-6  sections and organizational revisions have the same force and effect

11-7  as the 58 titles originally enacted and designated as the Nevada

11-8  Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.

11-9      7.  The Legislative Counsel shall assign NRS numbers to such

11-10  new permanent and general laws enacted at any legislative session.

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

11-12  conflicts between multiple laws enacted at any legislative session as

11-13  if made by a single enactment. If multiple amendments to a single

11-14  section of NRS are made during a legislative session, such

11-15  amendments are all effective and must be compiled in a manner that

11-16  is consistent with the intent of the Legislature as determined by the

11-17  Legislative Counsel.

11-18     9.  The Legislative Counsel shall substitute the name of any

11-19  agency, officer or instrumentality of the State or of a political

11-20  subdivision whose name is changed by law or to which powers,

11-21  duties and responsibilities have been transferred by law, for the

11-22  name which the agency, officer or instrumentality previously used

11-23  or which was previously vested with the same powers and charged

11-24  with the same duties and responsibilities.

11-25     Sec. 19.  The preliminary chapter of NRS is hereby amended

11-26  by adding thereto a new section to read as follows:

11-27     The provisions of any law or statute which is reenacted,

11-28  amended or revised, so far as they are the same as those of prior

11-29  laws, shall be construed as a continuation of such laws and not as

11-30  new enactments. If any provision of a law is repealed and in

11-31  substance reenacted, a reference in any other law to the repealed

11-32  provision shall be deemed to be a reference to the reenacted

11-33  provision.

11-34     Sec. 20.  NRS 0.025 is hereby amended to read as follows:

11-35     0.025  1.  Except as otherwise expressly provided in a

11-36  particular statute or required by the context:

11-37     (a) “May” confers a right, privilege or power. The term “is

11-38  entitled” confers a private right.

11-39     (b) “May not” or “no * * * may” abridges or removes a right,

11-40  privilege or power.

11-41     (c) “Must” expresses a requirement when:

11-42         (1) The subject is a thing, whether the verb is active or

11-43  passive.

11-44         (2) The subject is a natural person and:

11-45             (I) The verb is in the passive voice; or

12-1             (II) Only a condition precedent and not a duty is imposed.

12-2      (d) “Shall” imposes a duty to act.

12-3      (e) “Shall be deemed” or “shall be considered” creates a legal

12-4  fiction.

12-5      (f) “Shall not” imposes a prohibition against acting.

12-6      2.  Except as otherwise required by the context, text of a statute

12-7  that:

12-8      (a) Follows subsections, paragraphs, subparagraphs or sub-

12-9  subparagraphs that are introduced by a colon;

12-10     (b) Is not designated as a separate subsection, paragraph,

12-11  subparagraph or sub-subparagraph; and

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

12-13  following the material at the end of the final subsection, paragraph,

12-14  subparagraph or sub-subparagraph,

12-15  Êapplies to the section as a whole, in the case of subsections, or to

12-16  the subdivision preceding the colon as a whole rather than solely to

12-17  the subdivision that the text follows. The symbol “Ê” in bills and

12-18  in Nevada Revised Statutes indicates the beginning of such text.

12-19     Sec. 21.  NRS 286.495 is hereby amended to read as follows:

12-20     286.495  Except as provided in NRS 286.470, 286.475 and

12-21  286.501, members shall be credited with service on the basis of

12-22  days, months or years actually worked by a member, except that:

12-23     1.  Intermittent service shall be credited to a member on the

12-24  basis of 1 day of service for each 8 hours worked, and portions of a

12-25  day shall be prorated.

12-26     2.  Part-time employees who regularly work at least half-time

12-27  for a full year with a minimum of 720 hours worked are entitled to a

12-28  full year of credit for retirement eligibility only, with credit for

12-29  actual service for determination of benefit being granted on actual

12-30  time worked.

12-31     3.  An employee of the Nevada Legislature who works full

12-32  time for at least 6 months in a fiscal year during which the

12-33  Legislature meets in regular session is entitled to a full year of

12-34  credit for retirement eligibility only, with credit for actual service

12-35  for determination of benefit being granted on actual time

12-36  worked.

12-37  Service credit under this section shall be computed according to the

12-38  fiscal year. No member may receive less credit under this section

12-39  than was provided under the law in force at the time when the credit

12-40  was earned. Nothing in this section allows a member to receive

12-41  more than 1 year of credit for retirement eligibility in any year.

12-42     Sec. 22.  NRS 426.715 is hereby amended to read as follows:

12-43     426.715  Any person who sells, solicits orders for or delivers, in

12-44  any public building or on any public land, any commodity which a

13-1  blind vendor is authorized by the Bureau to sell is guilty of a

13-2  misdemeanor except:

13-3      1.  A person licensed by or under contract to the Bureau;

13-4      2.  A person who delivers a commodity to a blind vendor or for

13-5  his account;

13-6      3.  A person who is raising money for the charitable activities

13-7  of a corporation organized for educational, religious, scientific,

13-8  charitable or eleemosynary purposes under the provisions of chapter

13-9  82 of NRS;

13-10     4.  Public employees jointly sharing in the cost of coffee or

13-11  other beverages purchased by them for their own use, if there is no

13-12  commercial arrangement for the delivery of products and supplies to

13-13  the building or land;

13-14     5.  A person who is catering an event inside or otherwise

13-15  delivering food or beverages to the Legislative Building; or

13-16     [5.] 6. A person who is authorized to conduct such an activity

13-17  under the terms of a contract, lease or other arrangement with a

13-18  municipality pursuant to NRS 496.090.

13-19     Sec. 23.  NRS 218.274 is hereby repealed.

13-20     Sec. 24.  1.  The Public Employees’ Retirement System shall,

13-21  upon request by a current or former officer or employee of the

13-22  Nevada Legislature who would have been entitled to additional

13-23  credit for service pursuant to NRS 286.495, as amended by section

13-24  21 of this act, had those provisions been in effect for any period

13-25  during which he was an officer or employee of the Nevada

13-26  Legislature, recalculate that person’s credit for service to take into

13-27  account the additional amount provided pursuant to that section.

13-28     2.  A current or former officer or employee of the Nevada

13-29  Legislature who would be entitled to credit for service in the Public

13-30  Employees’ Retirement System pursuant to the provisions of NRS

13-31  286.495, as amended by section 21 of this act, but who has

13-32  withdrawn his contributions pursuant to NRS 286.430, may

13-33  redeposit his withdrawn contributions pursuant to NRS 286.440,

13-34  under the terms and conditions provided pursuant to chapter 286 of

13-35  NRS, and thereby qualify for the credit for service provided

13-36  pursuant to NRS 286.495, as amended by section 21 of this act.

13-37     Sec. 25.  Sections 21 and 24 of this act apply retroactively to

13-38  all persons who would have been entitled to additional service credit

13-39  pursuant to NRS 286.495, as amended by section 21 of this act, had

13-40  those provisions been in effect for any period during which they

13-41  were employed by the Nevada Legislature.

 

 

14-1  TEXT OF REPEALED SECTION

 

14-2      218.274  Fiscal notes prepared by two or more state

14-3  agencies; general or consolidated fiscal note. Bills containing

14-4  provisions for both appropriations and revenues or appropriations

14-5  for more than one state agency shall carry notes from each such

14-6  agency, unless in the case of a bill which would require notes

14-7  prepared by several agencies, the Fiscal Analysis Division

14-8  determines that a single agency shall prepare a general note, or

14-9  prepares a single consolidated fiscal note into which the information

14-10  submitted by the several agencies is incorporated.

 

14-11  H